GENERAL TERMS & CONDITIONS OF USE OF THE PLATFORM & THE SERVICE UNDER THE TRADE NAME «ENGLISH TAXI MADRID» FOR TRAVELLERS
- I. IN GENERAL
- II. TERMS & CONDITIONS FOR THE TRANSPORT SERVICES
- 1. Description of Transport Services
- 2. Legal Status of the Company
- 3. Policies of Transport Services
- 4. Declarations of Travellers
- 5. Company’s rights- Limitation of Liability
- 6. Charges and Payment Policy
- 7. Traveller’s opinion
- 8. Disclaimer
- IV. GENERAL LEGAL TERMS
- 1. Copyright
- 2. Τechnical Support
- 3. External links
- 4. Contact
- 5. Final Terms
- 6. Waiver
- 7. Invalidity of Term
- 8. Assignment
- 9. Applicable Law/Jurisdiction
- V. ACCEPTABLE USE OF THE PLATFORM POLICY
I. IN GENERAL
BY ACCEPTING THESE TERMS IN ACCORDANCE WITH THE BOVEMENTIONED, THE USERS (AS WELL AS ANY THIRD PARTY ACTING ON THEIR BEHALF (the “AUTHORISED USERS”) EXPRESSLY AND UNCONDITIONALLY DECLARE THAT THEY HAVE THE LAWFUL AGE WHICH ALLOWS THEM TO BE BOUND BY THESE GENERAL TERMS AND HAVE OBTAINED ALL THE NECESSARY APPROVALS AND LICENSES FOR THEIR REGISTRATION IN THE PLATFORM AND THE USE OF THE SERVICE.
1. Description of Transport Services to Travelers
1.1 Booking a Transport Service with Us, means that a Driver will become the person who will greet and welcome You to their city, and / or will transfer You during Your stay.
In particular, the transport services that You can book through the Platform, are the following (hereinafter referred to as ”Transport Services” or “Pickups” or “Transfer” ):
1.1.1 Travellers’ Transport from and to airports, ports, train stations, bus stations.
1.1.2 Travellers‘ Transport from and to place of residence.
1.1.3 Travellers‘ Transport from and to sightseeings.
1.1.4 Travellers’ Transport from and to a point of interest in the city, including stop(s) over (for food, activity, photos, etc.).
1.1.5 Travellers’ Transport while in tour and transport from and to places of activities based on their interests.
1.2 At the point You will be welcomed by the Driver, with products that the We distribute free of charge (souvenirs, local sweets, city maps, etc.).
1.4 To make Your pick ups a personal experience for You, We will forward You the Driver’s name, surname and their mobile phone.
We are not a licensed private hire operator, nor a transportation carrier and WE DO NOT provide the Transport Services. We act solely as an intermediary between You and the Driver. By booking Your Pickup through the Platform, You enter into a direct and legally binding contractual relationship with the Driver who accepts Your Pickup.The Company provides information and a method to facilitate the Transport Services, but does not intend to provide Transport Services or act in any way as a transportation carrier, therefore has no responsibility or liability for any Transport Services provided to You by the Drivers.
2. Legal Status of the Company
2.1 Our Company provides electronic or telephone mediation services for the transport of Travellers. As an e-mediator body in the Transport Service that Drivers carry out, we act solely as intermediaries between the Travellers and the Drivers. Through its Platform, the Company provides mediation services for the provision of Transport Services from Drivers to Travelers. Actually, the Company does not itself provide nor could it be considered to provide the Transport Services by itself, since it is not a licensed transport operator. In case that You make a booking of a Transport Service through the Platform, You acknowledge that you are entering into a contract for the provision of the Transport Service solely with the Drivers and You and the Driver bear sole liability for the fulfillment of the provision of the Transport.
2.3 The Company does not represent You or the Driver, so it does not provide any guarantees regarding the quality of the Transport Services, the completion of the Transfer, Travelers’ and Drivers’ behavior. In addition, the Company does not represent or act on behalf of any transport company.
2.4 Please note that Drivers do not have an employment relationship with the Company or its partners. The Platform constitutes a method of linking You to Drivers. In addition, the Company does not provide any insurance to Drivers or to their vehicles and assumes no liability if You lose Your staff while on a Pick Up.
2.5 The Company may refer Drivers to You for the provision of the Transport Services. It will not evaluate the suitability, legality or ability of any Driver and You expressly waive and relieve the Company of any and all claims, liabilities or damages arising from, or are in any way related to, the Driver. The Company shall not be part of any dispute between You and the Drivers. By booking Transport Services, You acknowledge that the Company has no involvement in the contractual relationship between the Driver and You, however the Transport Services are governed by these General Terms.
2.6 The inter-Mediation services We provide are only available for personal, non-commercial use. Therefore, it is not permitted to resale, distribute through deep-link, use, copy, track (e.g. through spider, scrape), display, download or reproduce any content or information, software, products or services available at the Platform, for any commercial or competitive activity or purpose.
3. Policies of the Transport Services
3.1 Booking Policy
We operate Our Service in Madrid city. To find out if We can serve You in Your destination, You have to check with Us.
You are solely responsible for submitting Us Your real personal data when booking a pick up with through Us. You also warrant and represent that Your are the holder or have legal rights on the payment cars/ accounts details You provide Us with and that there is enough money to cover the value of the Transfer Service. We may proceed (however, are not obliged to) in an examination process of the payment details You provide Us with when choosing credit card as a payment method or via Online Providers. In case an error, misleading statement or other problem occurs, We may, at Our sole discretion reject Your Order.
If the User exceed the máximum number of passengers or luggage which includes the basic fee, four (4) passengers and four (4) luggage items, must be
necesary book a Minivan Transfer (or two sedans for the same Price if Minivans are not available).
3.2 Traveller Cancellation Request Policy
You have the right to cancel a Transfer already booked through Us, at any time by contacting the Company email sent to firstname.lastname@example.org.
If a cancellation request is received by Us up to 48 hours prior to the scheduled pick up time, We will fully refund You in total.
If a cancellation request is received by the Company between 48 hours and 24 hours prior to the scheduled pick time, We will charge You a cancellation fee equal to 20% of the Transfer fee and refund You with the remaining amount paid, as soon as reasonably possible.
If a cancellation request is received by the Company within less than 24 hours prior to the scheduled pick up time, We will not refund You as this is a last minute and non refundable cancellation.
3.3 Traveller Change Request Policy
You can contact the Company via a phone call at the phone number provided in the confirmation email or email at email@example.com and ask to change any of the booking details up until 12 hours prior the scheduled pickup time.
Depending on the changes requested, the Transfer price might change. On that occasion, the new Transfer price will be communicated to You, and the new Transfer details will be in effect once there is payment confirmation of the new Transfer price where applicable. If the new Transfer price is less, the Company shall partially refund You. If the new Transfer price is more You must pay the additional amount in cash directly to the Driver (if any) due to the change request before the start of the Transfer.
The Company cannot accommodate any changes to the details of Transfers requested within less than 12 hours prior to the scheduled pickup time. In this occasion, the Transfer will either be operated as initially booked, or the You can proceed with a cancellation request, as per the Traveller Cancellation Request Policy.
3.4 Complimentary Waiting Time Policy
Your Driver will be waiting for You at the Pick Up place at the time that is scheduled in the Booking Order, subject to the provisions of this Complementary Waiting Time Policy and Extra Waiting Time Policy, so You must make sure that You show up in time, to avoid as being marked as a non-show where all the Terms of the Travellers’ No – Show Policy apply.
The Company offers the following complimentary waiting times, depending on the type of Transfer booked:
-Airport: 60 minutes
-Port, Train Station, Bus Station: 30 minutes
-Other pickups (incl. Sightseeing Rides): 15 minutes
The complimentary waiting time starts counting from the scheduled pickup time.
More specifically, for an airport/port pickup where the scheduled pickup time is other than the flight/ship arrival time and the flight/ship is delayed and expected later than the scheduled pickup time, the new arrival time becomes the pickup time.
For an airport/port pickup where the scheduled pickup time is the flight/ship arrival time and there is a flight/ship delay, the complimentary waiting time starts from the moment the flight/ship arrives provided the Traveller has provided correct and adequate flight/ship details to allow for the tracking of the arrival. The above is true for up to 8 hours of flight/ship delay. If the flight/ship is delayed more than 8 hours, the Transfer is cancelled and the entire Transfer fee is refunded to the Traveller.
For an airport/port pickup where the pickup time is the flight/ship arrival time and the flight/ship arrives earlier than the scheduled time, the scheduled pickup time remains the initial programmed arrival time.
For an airport pickup where the Travellers are arriving with more than one flights, the Company considers the scheduled pickup time to be the one declared by the Traveller as the arrival time during the booking, or an updated arrival time as per the Traveller Change Request Policy. Any notes left by the Traveller during the booking mentioning several flights do not constitute a scheduled pickup time adjustment. In the occasion where a group of Travellers arriving with multiple flights landing at different times have booked one Transfer, it is suggested that they add in the flight details the flight arriving last.
3.5 Extra Waiting time Policy
Extra waiting time is defined as an amount of time in addition to the complementary waiting time offered by the Company for which the Traveller asks the Driver to wait for them. You can ask for the Driver to wait for You longer than Company’s complementary waiting time as per the Complementary Waiting Time Policy, either in advance (before the Transfer is operated) or the latest by the end of the complementary waiting time. You can do so by contacting Company’s Customer Support either by a phone call at the phone number provided in the confirmation email or in the website or by sending an email at firstname.lastname@example.org. The Company can guarantee only the complimentary waiting time as additional waiting time for the Traveller if the extra waiting time has not been asked for at least 12 hours before the scheduled pickup time.
If You request an extra waiting time and the assigned Driver can accommodate this, You should pay the additional amount to the Driver for every 15 minutes of extra waiting time, as follows:
● For a Pickup where a Sedan car-type is assigned: EUR 6.00 / 15 min
● For a Pickup where a Minivans car-type is assigned: EUR 9.00 / 15 min
● For a Pickup where a Minibus car-type is assigned: EUR 12.00 / 15 min
The Company does not charge any additional commissions to these fees.
When the extra waiting time request can be accommodated by the Driver, You have to consent on the additional applicable fees either over a phone call with the Driver assigned by Company. Payment of the fee must be made in cash directly to the Driver before the start of the Transfer.
3.6 Traveller No-Show Policy
Traveller No-Show (TNS) is defined as a Traveller not being at the pickup location by the end of the complimentary waiting time, or the extra waiting time if that has been agreed between the Traveller, the assigned Driver and the Company as per the Complementary Waiting Time Policy and the Extra Waiting Time Policy.
The pickup location is defined as the place where the Traveller has asked to be picked up from. In case of airport/port pickup, is defined as the Arrivals hall from your airport terminal, the Driver will be there waiting for You.
In the occasions where the Traveller fails to appear at the pickup location by the end of their complementary waiting time, or the end of the extra waiting time, or if an “Extra Waiting Time” request has not been able to be accommodated by the Driver, the Transfer is marked as a “Traveller No Show” (“TNS”). In this case no amount is refunded to the Traveller. If an extra waiting time was agreed with the Traveller as per the Extra Waiting Time Policy, the Traveller must pay the extra waiting fee as well.
If You are not at the pickup location at the scheduled pickup time, and the Pick up place is an Airport, Port, Train Station or Bus Station, the assigned Driver will try to contact You via text/Whatsapp/Viber or he will try to call You on Your Mobile. By booking a Transfer You consent to Us providing Your mobile phone number to Your Driver.
A possible TNS will be reported by Your Driver to the Company, at the following times:
● For airport pickups by 45 minutes of a Traveller’s delay to appear at the pickup location after the scheduled pickup time
● For Port, Train Station, Bus Station pickups by 15 minutes of a Traveller’s delay to appear at the pickup location after the scheduled pickup time
● For Sightseeing Rides and other Transport Services by 5 minutes of a Traveller’s delay to appear at the pickup location after the scheduled pickup time
By the end of Your complimentary waiting time, the following will happen:
● If You have not been reached (have not replied), We must “release” the Driver. In this occasion, the Transfer is marked as a “TNS” .
● If You have been reached and have communicated that You will be at the pickup location by the end of the complimentary waiting time, We must inform the Driver to wait. If You fails to appear by the end of the complimentary waiting time, We will make one final effort to reach out to You, and depending on the outcome, either release the driver immediately, or follow Company’s Extra Waiting Time Policy accordingly.
● If You have been reached and You have asked for extra waiting time, We
will contact the Driver whereas the Extra Waiting Time Policy will apply
You have 24 hours to dispute a TNS by contacting our Support by email at email@example.com. In the occasion You dispute a TNS, if the Driver was at the pickup location between the scheduled pick up time and the end of the complimentary waiting time (or extra waiting time if applicable), there is sufficient evidence to assume the Driver was at the pickup location as per Company’s policies. If there is sufficient evidence to assume that both You and the Driver were at the pickup location but failed to meet each other and the Transfer was not operated, You will be refunded 60% of the Transfer price, whereas the 40% will be kept by Us in order to cover partially Driver’s fee, since the Company is responsible to pay them their fee. Also if Traveller leaves the Pick Up place without any attempts to contact with the Driver (via call and/or text/Whatsapp/Viber and/or email) the fee will be Non Refundable.
3.7 Driver No-Show Policy
The Driver must be at the pickup location by the scheduled pickup time. If the Driver is to be up to 15 minutes late, they will contact and notify the Traveller (via call and text/Whatsapp) as much in advance as possible, and the latest by the scheduled pickup time. If the Driver is to be more than 15 minutes late, they will contact and notify Company ’s CS as much in advance as possible, and the latest by the scheduled pickup time. Company ’s CS will contact the Traveller and notify them of the expected Driver delay.
3.8 Baggage Allowance Policy
When booking the Transfer, You are requested to declare the number of pieces of luggage You will be carrying with them during the Transfer.
One piece of luggage is considered to be
-A medium to large sized backpack
-An average suitcase, whether it’s a carry-on or checked-in type (volume not
to exceed 100lt)
Should You carry additional items such as baby carriages, pet carriers, sports equipment, foldable wheelchairs, musical instruments, etc. You must declare one piece of luggage for each one of those items and add a note to the booking describing them. The Company might contact You for clarifications and adjust the booking details accordingly in order to ensure the proper car-type is assigned to operate the Transfer.
The Transfer price and the car-type assigned to operate the booked transfer are calculated amongst other factors based on the number of Travellers and pieces of luggage declared. If You appears with more travellers and/or carrying more pieces of luggage than declared, and the assigned Driver cannot safely and legally accommodate these, the Driver will contact Company’s CS before the start of the Transfer explaining the situation, and assist You in hailing another Vehicle. In that occasion the Driver will only carry the number of Travellers and pieces of luggage declared in the Transfer booking.
If You appear with more Travellers and/or carrying more pieces of luggage than declared, and the assigned Driver can safely and legally accommodate these (i.e. in the case where a Minivan car-type accepted a Sedan car-type Transfer), the Driver must contact the Company’ before the start of the Transfer explaining the situation. If the additional number of Travellers and/or luggage combination yield a different Transfer Price. If You consent to paying the additional charges by cash directly to the Driver before the start of the Transfer, the Driver will accommodate the additional passengers and/or pieces of luggage. Otherwise, the Driver will kindly assist You in hailing another vehicle and carry the number of Travellers and pieces of luggage declared in the Transfer booking.
The Company will not bare the cost of any other means of transportation used by You.
3.9 Traveller Refund Policy
The Transfer fee paid by a Traveller is refunded in its entirety in the following occasions:
● If the booked Transfer is cancelled by the Company for operational capacity reasons
● If the booked Transfer is cancelled due to a force majeure incident (strike, demonstration, natural disaster, accident, sport competitions, etc.)
● If the Transfer is cancelled due to a flight/ship delay over 8 hours as per the Complimentary Waiting Time Policy
● If the Company receives a Traveller cancellation request up to 48 hours prior to the scheduled pickup time as per the Traveller Cancellation Request Policy
In the occasion of a Traveller Cancellation Request received by the Company between 48 hours and 24 hours prior to the scheduled pickup time, the Company charges a Cancelation Fee which equals to 20% of the Transfer price. The remaining amount of the Transfer price is refunded to the Traveller as per the Traveller Cancellation Policy.
In the occasion of a Traveller-disputed “Traveller No-Show”, if there is sufficient evidence to assume that both the Traveller and Driver were at the pickup location but failed to meet each other and the Transfer was not operated, the Traveller will be refunded 60% of the Transfer price as per the Traveller No-Show Policy.
Also if Traveller leaves the Pick Up place without any attempts to contact with Driver (via call and/or text/Whatsapp/Viber and/or email) the fee will be Non Refundable.
4. Travellers’ Rights and Obligations –Representations – Warranties
4.1 TRAVELLERS’ REPRESENTATIONS-WARRANTIES
By using the Platform, You agree:
● to provide true, accurate, complete and updated information about yourself at the booking form, and update them whenever necessary. The Company is not obligated to monitor or control the accuracy of information provided by You. If any information provided by You is not in accordance with these provisions or if the Company has reasonable grounds to suspect that such pieces of information do not agree, the Company has the right to refuse Your registration, and suspend or terminate immediately, regardless of notice, the registration of Your account and refuse any and every use, present or future, of the Services that require registration. In this case, You shall not be entitled to any indemnity or compensation for the refusal, suspension or cancellation of Your registration.
● that You will not use the Platform: for any unlawful purpose; in any way that interrupts, damages, impairs or renders the Company less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or Your own products or services;
● to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation
● and acknowledge that we have limited control over the nature and content of information received by You or other users of the Platform. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If You have a complaint about another user please contact us via the Platform;
● to comply with all applicable laws from Your home nation, the country, state and city in which You are present while using the software or Service;
● to treat Drivers introduced to You through the Platform with respect and not to cause damage to their Vehicle;
● to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of Your breach of this agreement.
● that the email that You use to register on the Platform shall not resemble to Company’s company name.
● that You shall not use the Service or software to cause nuisance, annoyance or inconvenience
● that by accessing and using the Services via mobile devices, or by using certain mobile features, You may incur fees from the provider or carrier of the mobile services that You use (“Carrier”) and You are solely responsible for the payment of such fees.
4.2 You acknowledge and agree that You must avoid any action that may cause traffic safety problems. Particularly, You warrant and represent that You will:
● not in any way hinder the Driver from driving safely during Your transfer,
● not attempt to disembark or board the vehicle when it is moving,
● not smoke,
● not open windows and doors without the Driver’s consent;
● be decent, courteous and not display inappropriate, abusive, provocative or threatening behavior in any way during the Transfer;
● not take any action that may cause damage to the Driver’s Vehicle,
● take care that the children, animals and objects to be transferred are done so with responsibility,
● Not throw objects inside or outside the Vehicles or pollute them in any way,
● Carefully observe the instructions for traveling with young children and for the transport of infant and kid strollers, luggage, bicycles and pets,
● not consume food and drinks throughout Your Transfer and until the end of the Transfer.
● not embark on a Vehicle with dirty or contaminated clothing
4.3 In cases where You carry animals and/or objects during the Transfer and the Vehicle is damaged/destroyed or gets dirty somehow due to them, You undertake the obligation to pay for any such damages.
5. Company’s Rights
5.1 Definite deactivation (deletion) of the Platform: Save as provided in these General Terms the Company expressly reserves the right to delete the Platform and the Service respectively, in the following cases at the Company’s absolute discretion: a) in case You violate the Acceptable Use Policy of the Platform, and / or b) violates any term or provision mentioned and at the Company’s absolute discretion this violation causes immediate risk loss to the Company and / or to any other User of the Platform c) has committed, at the Company’s absolute discretion, a penal or other offence, during the use of the Platform and the Service and / or the Transport Services and/or d) for any other important reason referred to herein.
5.2 In the above cases, the Platform/Service is deactivated immediately and automatically, without the Company providing to the Traveller the right to remove the violation, expressly reserving all its legal rights, including the right to compensation for any damage that may have been suffered by the acts and / or omissions of its Users according to the above mentioned.
5.3 Temporary de-activation (deletion) of the Platform: Save as provided in these General Terms regarding the deactivation (deletion) of the Platform, the Company expressly reserves its right at its sole discretion to temporarily deactivate the Platform/Service, directly and without any penalty in the event that it considers that the Traveller has breached or has violated any applicable law and until the Traveller removes the breach within the time period drawn by the Company, at its sole discretion. In the event of the Traveller’s non-compliance, the Company may definitively deactivate the Platform for the Traveller, expressly reserving all its lawful rights, including the right for compensation of any damage suffered by the User’s actions and / or omissions in accordance with the above mentioned.
5.4 It is expressly agreed that in the event of a permanent or temporary deactivation (deletion) of the Platform as per articles 5.1 and 5.2 above is based on automated means, the user is not entitled to claim compensation of any damage caused by the deactivation of the Platform/Service, in accordance with the above provisions, even if the evidence on which the Company was based for the deletion of the Platform was incorrect since the user acknowledges and accepts that the automated means used by the Company to identify any illegal or contract breaching actions of users are based either on generalised / automated electronic commands of a software program that may include and / or make errors or on complaints by other Users.
5.5 Termination of the Platform s Function: The Company reserves the right, for technical reasons, maintenance and / or upgrade of the Platform, to discontinue the function of the Platform/Service temporarily and at regular intervals. In the event that this interruption lasts more than a reasonable period of time at the absolute discretion of the Company or such interruption has already been scheduled by the Company, the latter will notify its Users. It is expressly agreed that Users may not raise any claim against the Company for any loss or damage whatsoever arising out of this reason even if the Company, at its sole discretion, does not give notice of such interruption.
5.6 Except as expressly set forth herein, the Company may at any time terminate, change, suspend or discontinue any particular function of the Platform, including the availability of the Service itself, provided that it notify Travellers in writing within reasonable notice period before the termination date as per this article.
5.8 In addition, the Company does not provide any warranty for (a) the appropriate, effective, and efficient function of the Platform with regard to the purpose for which the Traveller uses it; (b) the compatibility of the Platform with third party software that Driver may use, unless these (software) are provided by the Company and only to the extent the Company has guaranteed for them in the relevant licenses provided to the Travellers (c) the proper and efficient execution of the Drivers’ transaction Obligation.
5.9 Limitation of Obligations: The Platform and the Service is provided “as it is and is made available” and in a fully automated manner and does not include the importation by the Company of any element in the Service’s system nor any customisations on an ad hoc basis.
5.11 Limitation of Liability. In addition to what is expressly stated herein, the Company has no civil, penal and bears no liability towards the Traveller, any Authorised Users, their Affiliates, Employer or employee and / or any third party rendering rights whatsoever, in case that any of these persons, during using the Service, suffer any damage, loss, direct or indirect, incidental or damage for loss of profits, business, income, reputation, sales of products and frequency of services’ provision, or any other direct, indirect or repayable, economic or otherwise, loss of profits, due to:
5 .11.1 Delayed or inappropriate sending, transmission, maintenance, retention, downloading of any data, information or /and Content and / or loss and destruction of such data due to mistakes, omissions, malfunctions or dysfunctions of telecommunication Networks, the Internet, the website, Internet Service Providers.
5.11.2 Any permanent or temporary disabling of the Service, any termination of the Service or its individual functions, or any technical collision of the Service in accordance with the terms herein.
5.11.3 Events, situations, acts, actions and / or omissions by the Company or third parties including the Users/Authorised Users for which the Company does not provide any warranties and is not bound by the terms herein.
5.11.4 Use by the Drivers or third parties of Travellers’ data (including any personal data) for purposes other than the use of the Service
5.11.5 Infringement of applicable law on the protection of personal data or other applicable legislation which relates, for example, to the use of the Service
5.11.8 Events of force majeure.
5.11.9 Drivers mis conduct and/or breach of any laws on their behalf. Drivers non show, or delays other than as assumens herein.
5.11.10 Loss of staff during the transfer or any accident.
5.12 THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES THE TRAVELLER MAY SUFFER INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, INCORRECT DELIVERY, NETWORK OR SYSTEM, DAMAGE FILES, INTERRUPTION OF SERVICE CAUSED BY NEGLIGENCE, FROM ERRORS AND / OR OMISSIONS OF THE USERS.
5.13 COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES DELIVERY OR ANY OTHER LOSS OR DAMAGE ARISING FROM DATA TRANSFER VIA NETWORK AND INSTALLATION COMMUNICATIONS INCLUDING INTERNET WHILE USER – TRAVELLERS RECOGNIZES THAT THE SERVICE AND ANT DATA SENT BY HIM/HER ARE SUBJECT TO LIMITATIONS OF DELAYS AND ANY OTHER PROBLEMS WHICH ARE RELATED TO THE USE OF THESE MEDIA COMMUNICATIONS.
5.14 In any case, it is expressly agreed that the Company is liable only for direct damages that result from deception or gross negligence on its part. Subject to mandatory legal provisions, the liability of the Company for direct loss due to gross negligence irrespective of legal reason is expressly excluded. The Company’s liability for indirect or consequential damages, irrespective of reason, is completely and explicitly excluded. Subject to the limitations set forth herein and to the extent permitted by law, any liability of the Company is limited to the total amount corresponding to the total cost of the Transport Service.
5.15 LIMITATIONS AND RESTRICTIONS SET HEREIN WITH REGARD TO DAMAGE COMPENSATION SHALL APPLY EVEN IF THE PRESENT TERMS AND CONDITIONS ARE NOT MET AND SATISFIED OR EVEN IF THEY ARE CONSIDERED VOID OR UNENFORCEABLE AND THE USER ACKNOWLEDGES THAT THESE LIMITATIONS ARE JUST AND CONSTITUTE THE BASIS OF THIS DOCUMENT AND THAT WITHOUT THEM THE COMPANY WOULD NOT PROCEED.
5.16 Provision of Information : The Company, if so requested by a competent prosecution, supervisory, judicial or other Authority, is obliged to transmit the data of the Users and/or of Third Parties, including any personal data of Authorised Users provided to the Company in accordance with the present General Terms, as well as any other data and any other information provided by them without their prior notice or consent, on the grounds of necessary protection measures against risks to state and public security as well as for prosecution reasons, including tax crimes and offences.
6. Charges and Payment Policy
The Company facilitates pre-payment via PayPal, The cost of a Transfer (“Transfer Cost”) is the amount shown in our website Price section. Transfer cost includes Driver’s fee and Company’s revenue. The Company’s Revenue is calculated on a percentage basis or may be a fixed fee and its calculation may change without any previous notice to You and according to the Company’s will and as it is deemed necessary for Company’s business.
The Driver is solely responsible for providing a printed receipt to the Traveller and abiding with local tax regulations on the income generated by the Transfer. We do not hold any responsibility whatsoever for tax compliance of the Driver and/or Traveller with local tax authorities.
Refunds: The full amount of the Transfer Cost (including the Company’s Revenue), is charged immediately following completion of such election to the Traveller’s authorized PayPal account and transferred (less the Company’s Revenue) to such Driver’s account.
About the Refund Policy please see section II. 3 -Policies of Transport Services.
Promotional Offers: The Company, at its sole discretion, may make available promotional offers with different features to any of Travellers. Facilitation of Payments: All Donations or Charges, as applicable, shall be facilitated through PayPal payment processing service.
7. Traveler Opinions
7.1 Only the Travellers who have received the Transport Service may rate / comment the Transport Service, the Drivers, their vehicles or whatever else they deem appropriate and worthwhile of annotation or of positive or negative remark.
7.2 In particular, the Company, upon completion of the Transport, sends an email to the Traveler in order to invite them to rate the Driver who carried out the Transport, and the Company.
7.3 The Company does not indemnify or reward Travelers who have sent their rating / feedback Travelers’ review, rating and comments may be used by the Company at its absolute discretion to inform Travelers for marketing purposes and for purposes of its own evaluation of the Drivers.
7.4 Travelers have the right to publish ratings / comments in public media, for example, social media or websites such as FB, TRIPADVISOR and it is at the discretion of the Company whether to consider these ratings / comments too, as part of Your evaluation by the Company and how these are managed in general.
By entering into this agreement and using the Platform or Service, to the extent permitted by law, You agree that You shall defend, indemnify and hold the company, its licensors and each such party’s parent organizations, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, shareholders, officers, directors, employees, representatives, members, attorneys, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the software and its contents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including personal data, comments, and ratings) of the users as made available on our software, (iii) the services rendered by the driver, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by You (including attorneys’ fees and costs), pursuant to, arising out of or in connection with the use, inability to use or delay or virus of our software and/or the server that the software is hosted, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by You, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the user (its employees, directors, officers, agents, representatives or affiliated companies)(including attorneys’ fees and costs), including any (partial) cancellation, double-booking, strike, forcé majeure or any other event beyond our control (vi) any information on this software sometimes linked to external sites over which our services have no control and for which we assume no responsibility (vii) any user violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein.
We take privacy seriously and We respect and protect Your personal data. We are “CRISTINA HERVAS BOTI” , with no 51076495G, headquartered in c/o San Nazario,1 Madrid, SPAIN with VAT np: ES51076495G, with the following contact details: email: firstname.lastname@example.org (hereinafter the “ Company ”, “ We” , “ Us, ” “ Our ”) and We are the controllers of Your
This Privacy Notice tells Travellers (hereinafter the “Traveller(s)”, “You”, “Yours”, “User”) what information about You We collect, what We do with it and what rights You have in relation to any of Your personal data being processed by Us.
By continuing to use Our Service by any means, You accept automatically and unconditionally the modified terms of this Policy. In the event that You do not agree with the modifications, You should not make any action or use of the Platform, and provide us Your personal data and you are entitled to terminate the contracts between us and request the deletion of Your Account and Your data, to the extent permitted by applicable law. For any information or clarification, You can contact us and in any case You have the right to exercise Your rights as detailed in Section V below.
– information about the Data Controller information on how to conduct Us for
any issue regarding Your personal data.
-the type of personal data that we collect for You and methods of collection
-the purpose of collection, the processing activities of Your personal data
and the legal ground for the processing;
-security measures that we undertake for the protection of Your personal
data and Our data retention policy;
-Your rights and the ways to exercise them and any options You may have
regarding processing of Your personal data
-information about the protection and storage of Your personal data by our
II. DATA CONTROLLER AND DATA PROTECTION
1. Who is the Data Controller?
Data Controller of Your personal data is the company under the name “CRISTINA HERVAS BOTI”, with no 51076495G, headquartered in c/o San Nazario,1 Madrid, SPAIN with VAT np: ES51076495G ( “Company ”, “ us, ” “ our ,” and “ we ”).
2. Questions and Comments
If You have any questions, or wish to exercise any of Your rights, You can conduct Us at the following contact details: email: email@example.com. If Your country has a data protection authority, You have a right to contact it with any questions or concerns. If We cannot resolve Your questions or concerns, You also have the right to seek judicial remedy before a national court.
III. COLLECTION AND PROCESSING OF PERSONAL DATA
1. WHAT personal data do we collect and HOW we collect them
We collect some of Your personal data when You use the Service and book Your transfer. We collect different types of personal data either directly from You or from third parties through automatic means such us (indicatively):
-Identity data: Your pick up address, when you book a transfer, Your name, surname, email, telephonel etc.
-Communication Data: You provide Us with Your mobile phone number and Your email, a means to either Us or the Driver who picks You up, to communicate with You about the Transfer.
-Payment Data You provide Us with Your bank card number, the expiration date of the card, the CVV etc. in order to pay for the Transfer and Your email and/or full name when You pay via Paypal
-Technical / Device Data: The type of software used when entering the Platform, when using it, etc, IP address, login information, browser type and version, operating system and platform and other technology on the devices You use to access our Platform, etc.
-Profile Data created from the information You provide to us when You make a booking, from data regarding Your preferences and provided to Us optionally, from Your interaction with the Newsletters (e.g., how many and what newsletters You open and when), from Your purchase habits deriving from products You may buy from Us, from information derived from Your browsing (kind, time, cost), from Your feedback on the market research that our Company may conduct from time to time, from Your feedback and Your questions to us or any complaints from Your interaction with Social Media, or directly from Our Customer care, from the information You voluntarily upload to Social Media, from information collected from cookies we use, from data that You grant us You when You complete questionnaire that we send to You following the payment etc (such as nationality, consumer preferences etc).
-Demographic data: age, city, Postal Code etc.
-Cookie data: number of visits to the Platform, visitor interaction with the Platform (see analytically Cookies Policy).
-Customer service data: when You call Customer Support Team, we collect Your full name, voice data etc.
Platform and its services are provided exclusively to people who are at least 18
years of age or older. If You are under 18, please do not use or provide us with any personal data, and do not use the Platform and the Service.
We collect directly from You the following personal data:
– When You communicate with us, we collect identity data and communication data, and customer service data if You contact Customer Support Team etc.
We collect the following data and information for You automatically.
• By using cookies and other related technologies, we collect and / or create data about Your preferences, the type of newsletter You open or not, its content and your interaction with us after each newsletter, the type of Transfer You booking, the search terms You’ve entered or the links You clicked on the Platform etc,
• From Your bookings, we create data about Your bookings, and booking
history, Your preferences etc.
• Data about the devices through which You visit our Platform, such as IP
address, login information, browser type and version, operating system and
platform, and other technology on the devices You use to access our
• Data about the page from which You log in and the page You visit when
You leave the Platform (i.e. your Browsing history)
We collect from third parties the following data and information about You:
– from Drivers when they are ask to rate a ride
2. HOW and WHY do we use Your personal data.
We use Your data for the legal purposes referred below. However, where the European laws restrict or prohibit certain activities described in this notice, we will not use information about You for those purposes.
Subject to the above, We may use information about You for the following
-To subscribe You to the Platform.
-To identify You every time You log in.
-To provide you with the Service.
-To arrange for Your Pick Up and delivery to a booked place.
-To communicate with You about Your Transfer.
-To communicate with You about the Platform.
-To communicate with You in order to address any of the inquiries or
problems You have.
-To receive Your payments for the Services.
-To help You as a Traveller for the Transfer.
-To handle / process Your requests, such as change of a Transfer that You have booked, change Your personal details, exercise Your rights.
-To transmit documents and information necessary for the use of the Platform and the Service.
-For marketing purposes.
-For security reasons for the transactions.
-For business analysis and enhancements, such as making our Services
available and optimized, optimizing Your experience and service within the Platform, and customizing Your experience in Platform
-For statistical analysis.
-To comply with regulatory obligations.
-For other purposes that we will notify You, or identify to You on a case-by case basis, at the point where Your information is originally collected. The legal basis for our use of information about You is one of the following (which we explain in more detail in the “find out more” section):
-compliance with a legal obligation to which we are subject;
-the performance of a contract to which You are a party;
-a legitimate business interest that is not overridden interests You have to
-where none of the above applies, Your consent (which we will ask for
before we process the information).
find out more…
Purpose of processing Data that we processfor the purpose Legal basis For.
We process Your data
– for Your identification
– to recognize You as a Platform user.
– To give You access to the features and service of the Platform.
– to use the Platform Service/ Features- Identity data- Communicationdata- Log in DataLegal basis is:
a) your consent upon Your subscription to the Platform. b) our legitimate
interest to identify You if necessary, for the avoidance of any fraud or security
incident. c) fulfilling of our contractual obligations
a) to give You access to the features and service of the Platform in order to use
it b) for creation/administration of Your account in the Platform.
For booking a transfer & for the provision of our Service We process Your data:
– for booking a transfer
– filing of a transfer order
– To send a request to Driver for Your pick Up.
– for identification
– to contact You for any case regarding Your Transfer
– to contact You for any case regarding the Platform and the Service.
– to process any payment and generally to proceed to any transaction with You
regarding the Trans
– to activate mechanisms to prevent fraud against You or against us
– Identity data
– Communication data
– Payment data
Legal basis is:
a) contractual obligation to fulfill Your transfer booking.
b) legal obligation of our Company to comply with tax law,
c) legitimate interest to collect payments, detect any fraud.
d) consent in specific processing such us storage of data for future purposes
etc. Support, handling of Your requests-
Communication regarding Transfer & the Platform.
We process Your data for:
– Contacting You regarding Transport Services
– Your support in general on issues related to the Company, its services, Your
account in the Platform
– Complaints or clarifications
– Generally management and optimization of user experience in the Platform.
– Customer care for issues related to the Company, Platform, transfers,
services, bookings etc.
– Complaints or clarifications
– Exercise of Your rights
– Identity data
– Communication Data
– Information that You provide us related to Your request
– And data that we create for You. In case a call is recorded, You will be notified beforehand by a relevant audio message.
Legal basis is :
a) legal obligation of our Company to have means for customer care before and after booking, to reply to Your inquiries about exercising of Your rights.
b) legitimate interest of our Company to reply to Your requests, to optimize customer care services and communication with Travellers, and also to handle
any case in the best way to the benefit of data subject and that is reasonably
expected by data subjects.
c) contractual obligation if You contact us about Your Transfer Αdvertising & Marketing
– to send newsletters generic and personalized.
– to send marketing communication via email, or multimedia, push notifications, etc.
– to run promotions, loyalty programmes, etc.
– Customer’s satisfaction with Company’s services.
– Personalized marketing communication via personalized messages based on
– Identity data
– Communication data,
– Profiling data,
– Demographic data,
– Cookies data
– orcombination of all the above data.
a) the legitimate interest of our Company to process Traveller’s data provided to us:
i) for the Transfer or other transaction
ii) for the purpose of direct commercial communication for related services or
In these cases, you may request to opt-out with a click on the unsubscribe button in the email or by contacting with us. In addition, the Company has the legitimate interest to make Your profile based on all information that we have for You (e.g. transfer history, Your preferences) and also based on Your purchases and Your interaction with newsletters, Your place of residence, in order to enhance your experience. b) Your consent you provide us voluntarily to send you newsletters and personalized information via email, and other multimedia and in case you agree to send you push notifications. Business analysis and improvements for :
– Unceasing Platform operation
– technical excellence and security of transactions
– optimization of technical systems
– addressing technical issues
– compiling reports and keeping data
– Log in data
– Identity data
a) the legal obligation to secure information and confidentiality
b) the legitimate interest for security of networks, avoidance of any fraud and unauthorized access to data, for our business continuity, upgrading our systems and our partners’ system, for our business development, optimization of our technical systems and processes, any data process that prevails rights and freedoms of data subjects that data subjects reasonably expect to be processed for this purpose. You have the right to oppose the above processing per data processing case. It should be noted, however, that the Company is entitled to demonstrate legal reasons for the processing to prevail interests, rights and freedoms of data subjects. Statistical analysis to rate and improve Platform services and procedures that includes :
– Rating and improvement of business processes
– Responsiveness and management of Your requests
– Responsiveness and management of the Platform
– Research and / or analysis to understand needs of users
– Adoption of new business and business models,programs and partnerships.
– Improvement of Your experience
– Delivery of related content
– Quality surveys
– Statistical analysis
– Financial data
– Transfer history data
– Profile data
a) the legitimate interest of the Company for the further processing of aggregated data for the purpose of statistical analysis to improve its products and services while complying with all the necessary safeguards to collect and process data that do not identify a particular data subject and do not affect the rights and freedoms of data subjects.
b) the legitimate interest to, analyze usability and functionality of the Platform, to improve our business performance for our users, to improve our partnerships, always respecting Your rights, freedoms and interests for Your personal data.
Provision of personalized services, personalized Traveler experience:
– transfer data to Your personal Driver in order to welcome You and provide You a personalized experience during Your transfer
– Share data with the partner hotel in case You have booked a transfer with our Company though hotel’s page in order to provide You a personalized experience during Your accomodation at the hotel .
– Identity data
– Profile data
Your consent to provide us voluntarily personal data in order for Us or Our partners to provide You with personalized services/experiences.
3. WHO do we share Your information with and for what purposes?
For the operation of the Platform, fulfillment of contractual obligations and for Your best support as user, our Company reserves the right to cooperate with third-party service providers that provide us with their services and access only those data that are absolutely necessary for the service they offer us (e.g. subscribing to the Platform and managing Your account, execute our contract between us, optimization of our services, etc.). These third service providers are bound by contract not to use Your information for any other purposes. More specifically, our Company cooperates with:
(a) a third company acting as processor and hosts data that You provide us
through the Platform
(b) Data analysis companies
(c) Research companies
(d) third-party email marketing companies acting in the name and on our behalf to send You the newsletter.
(e) advertising and marketing companies
(f) Data analysis companies
(g) Research companies
(h) Fraud Detection and Prevention Organizations,
(i) Providers of technology services,
We reserve the right to disclose Your personal data to a third party that we
choose to transfer all or part of our business.
IV. PROTECTION AND MANAGEMENT OF YOUR PERSONAL DATA
1. SECURITY of Your personal data We take appropriate technical and organizational measures to protect Your personal data from unauthorized disclosure, use, conversion or destruction. Where appropriate, we use encryption and other technologies that can help to secure any information You provide us. We also ask our service providers to comply with privacy and data protection requirements.
find out more…
More specifically, Your personal data are managed exclusively by specially authorized personnel of the Company under our control. In order to conduct the processing, the Company selects individuals or third parties with corresponding profesional qualifications that provide sufficient guarantees in terms of technical knowledge and personal integrity to maintain confidentiality. The Company, through its respective contractual commitments and its partners, takes all necessary security measures to protect and secure confidentiality and integrity of personal data. In any case, the security is subject to reasons beyond Company’s influence, as well as to reasons resulting from technical problems of the network that are not controlled by the Company or reasons of force majeure events.
2. HOW LONG will information about You be kept
We will retain information about You for the period necessary to fulfill the purposes for which the information was collected. After that, Your account will be deleted. Such period will vary depending on the purposes for which the information was collected. Please note that in some circumstances, You have
find out more…
Management of Your account in the Platform Until Your account is deleted or after 2 years of the last action. Transfer Orders We will process Your data for the time required to manage a Transfer and/or products or services You have ordered, including any necessary time to refund, handling complaints or claims relating to the Transfer or service. We may retain some of Your information that You may provide us for more time, until You ask us to stop storing it. Transfers If You book a Transfer, we will retain details of this for so long as required to complete the Transfer and to comply with any legal obligations (for example, for tax and accounting record-keeping purposes). We may only store aggregated data for the Transfer for business analytic purposes. Customer care If You contact the Customer Support team of the Company, we will make a record of the matter (including details of Your enquiry and our response) and retain it while it remains relevant to our relationship. Temporary records may be relevant only until more permanent records are made, and will be retained only temporarily. Usability and quality analysis We will process Your data during the period we will perform an action or a specific quality survey or until we have anonymized Your browsing data Marketing Until You unsubscribe from our newsletter recipients list, or until You withdraw Your consent, or until You oppose (opt out) processing, otherwise we will retain Your data for five (5) years maximum. However, some elements of Your profile, such as files about how we interact with You, may stop to be in force after a period of time, so we automatically delete them after a specified period (usually 3 years) depending on the purpose for which we have collected them. if we do not have communication with You for a long time (usually 3 years), we will stop sending You promotional messages and we will delete history of Your responses. This will happen, for example, if You never click on our Newsletter, if You never log in to a digital contact point or if You never contact us or do not book a transfer, or contact customer service. The reason is that, in these cases, we assume that You prefer not to receive any message from us. Business analytics Business analytics data is typically collected automatically when You use Company’s touchpoints and becomes anonymised/aggregated shortly afterwards.
3. TRANSFER of Your personal data to third countries
The Company generally keeps Your personal data within the European Economic Area. When Your data is to be transmitted to third countries outside the European Economic Area or International Organizations for which no European Commission decision is available, all the appropriate safeguards provided for in the applicable data protection legislation on the transfers to third countries.
4. YOUR RIGHTS AND YOUR OPTIONS
You may have some or all of the following rights in respect of information that we hold about you:
· request us to give You access to it;
· request us to rectify it, update it, or erase it;
· request us to restrict our use of it, in certain circumstances;
· object to our using it, in certain circumstances;
· withdraw Your consent to our using it;
· data portability, in certain circumstances;
· opt out from our using it for direct marketing; and
· lodge a complaint with the supervisory authority in Your country (if there is
We offer You easy ways to exercise these rights, by calling at Customer Support Team by sending email at firstname.lastname@example.org. Your right is exercised free of charge, however, when your right is abusively used, we may ask You a fee in accordance with the conditions set by law. In any case, we respond to Your requests within one month, except in exceptional cases where our response time to a request may be longer.
find out more…
Right in respect of the information about You that we hold Further detail (note:
certain legal limits to all these rights apply)
· to request us to give You access to it (article 15)
This is confirmation of:
· whether or not we process information about You;
· our name and contact details;
· the purpose of the processing;
· the categories of information concerned;
· the categories of persons with whom we share the information
· (if we have it) the source of the information, if we did not collect it from You;
· (to the extent we do any, which will have been brought to Your attention) the existence of automated decision-making, including profiling, that produces legal effects concerning You, or significantly affects You in a similar way, and information about the logic involved, as well as the significance and the envisaged consequences of such processing for You; and
· the criteria for determining the period for which we will store the information.
On Your request we will provide You with a copy of the information about You that we use (provided this does not affect the rights and freedoms of others).
· to request us to rectify or update it (article 16) This applies if the information we hold is inaccurate or incomplete.
· to request us to erase it (article 17)
This applies if:
· the information we hold is no longer necessary in relation to the purposes for
which we use it;
· we use the information on the basis of Your consent and You withdraw Your
consent (in this case, we will remember not to contact
You again, unless You tell us You want us to delete all information about You in which case we will respect Your wishes);
· we use the information on the basis of legitimate interest and we find that,
following Your objection, we do not have an overriding interest in continuing to use it;
· the information was unlawfully obtained or used; or
· to comply with a legal obligation.
· to request us to restrict our processing of it (article 18) This right applies, temporarily while we look into Your case, if
· contest the accuracy of the information we use; or
· have objected to our using the information on the basis of legitimate interest (if You make use of Your right in these cases, we will notify You before we use the information again). This right applies also if:
· our use is unlawful and You oppose the erasure of the data; or
· we no longer need the data, but You require it to establish a legal case.
· to object to our processing it (article 21) You may at any time object to any processing of Your personal data, which are processed under the legitimate interest of the Company or the fulfillment of a duty performed in the public interest.
· to withdraw Your consent to our using it (opt- out) This applies if the legal basis on which we use the information about
You is consent. These cases will be clear from the context.
· to data portability (article 20)
(i) You have provided data to us; and
(ii) we use that data, by automated means, and on the basis either of Your consent, or on the basis of discharging our contractual obligations to You, then You have the right to receive the data back from us in a commonly used format, and the right to require us to transmit the data to someone else if it is technically feasible for us to do so.
· to lodge a complaint with the supervisory authority You can lodge a complaint with the supervisory competent authority in Your country.
· Identity card We take into account the confidentiality of all files that contain personal data and we reserve the right to ask You for proof of Your identity if You make a claim about those files.
· Costs We will not charge You for the exercise of Your rights in relation to Your personal data unless, as required by law, Your request for access to information is unreasonable or excessive, so we may charge a reasonable fee under these conditions. We will notify You of any charges before fulfilling Your request.
· Timelines We aim to respond to any valid requests within one (1) month of receipt, unless it is very complex or You have made a number of requests, so we aim to respond within three months. We’ll let You know if we’ll need more than one (1) month for the reasons outlined above. We may ask You if You can tell us exactly what You want to receive or what exactly is Your concern. This will help us to act faster for Your request. In any case, You should provide us with specific and truthful facts and / or facts in order to be able to answer and / or satisfy Your request, otherwise we reserve the right to make any errors that are out of our control. In addition, our Company may refuse requests that are unjustified or excessive or abusive or inaccurate or generally illegal according the provisions of the law.
IV. GENERAL LEGAL TERMS
1.2 The Company is the owner and retains in its possession and ownership all rights, titles and interests regarding the Platform and the Service, its functions and features (indicatively but not restrictively: its Software, its programs, philosophy, look and feel, methodology and technique by which it has been designed, its model, algorithms, information and materials, know-how regarding the Platform, the Service and Software, as well as any modifications, notifications, improvements,parameterizations, derivative functions, manuals and other documents related to the Implementation and operation of the Platform.
1.4 The names, images, logos and distinctive features representing Our Company and its products / services, such as the brand name “ENG TX MAD”, “ENGLISH TAXI MADRID” and the products / services provided under this brand name and/or any of its derivative, or composite, homonymous or similar names, and/or any other logos, trademarks and distinctions, trade secrets, patents and any other intellectual property rights in respect of the Platform/ Service and the functions that become known to the Traveller through the Service, are the exclusive trademarks and distinctive features of the Company and are protected by SPAIN, European and international trademark laws, and industrial and intellectual property and competition law. In any case, their exposure to the Platform shall in no way grant You and/or any third party a license or right to use them.
1.6 You may not use any “post-tags” or any other “hidden text” based on our Company’s brand names or trademarks without our express written consent. In the event of an unauthorized use, the License granted shall cease to be valid. The same applies to any use of our Company’s logos and trademarks. Any copying, analog / digital recording and mechanical reproduction, distribution, transmission, downloading, processing, resale, of part or of all the Platform Content for any purpose other than strictly personal use is forbidden, unless we give You our writing consent.
2. Technical Support – Enhancements of Platform
The Company has no obligation and is not currently bound to provide technical support, improvements, customizations and/or renewals to the Platform and/or the Service. Only occasionally and at its sole discretion it may upgrade the Platform and the Platform. You may also need to make software updates, otherwise the Company has no responsibility for any incompatible features of the version of the Platform You are using. In any case, You acknowledge and agree that these General Terms govern any current version of the Platform and the Service.
3. External Links
By using the Platform/ Service, You agree to receive electronic communications from us and You unreservedly accept that they meet all legitimate written communication requirements as to the reason they are created. For any complaints, comments, suggestions, etc. You want to submit to us, please contact Our Customer Service at email@example.com.
5. Final Terms
The present General Terms are the definite and unique terms in force, regarding the provision of the Service by the Company to the User and any prior terms, prior agreements and arrangements, written or oral between the Company and the User regarding the use of the Service, are hereby repealed.
Any delay, negligence or tolerance by the Company in enforcing the User’s adherence to any of the present terms shall not constitute a waiver or a detriment to any of the Company’s rights. In case any term of the present document is held as void by any competent Court or Authority and therefore inapplicable, then the said term will not invalidate the remaining terms herein, which all of them will remain in full force and effect.
7. Invalidity of Terms
In the event that any part of the present document is held invalid or void by a court decision, such invalidity shall not affect the validity of the remaining part of these General Terms, which shall remain valid as if the invalid part were deleted. The Company will seek to replace any invalid term with a new valid one, the effect of which will be the as similar as possible to the one of the one canceled.
This Agreement may not be assigned by You without the prior written approval of the Company but may be assigned without Your consent by the Company to (i) a parent or subsidiary, (ii) a purchaser of assets, or (iii) a successor to a merger . Any attempted assignment of the Agreement, in violation of this article, is void.
9. Applicable Law – Jurisdiction
Any dispute between the parties concerning the Platform, interpretation, nullity of the terms of the contract, the existence or non-existence of rights and obligations of the contracting parties under contract or even tort, shall be interpreted in accordance with laws of Spain and shall be subject to the exclusive jurisdiction of the competent courts of the city of Madrid, under the jurisdiction of which the parties are voluntarily submitted.
V. ACCEPTABLE USE OF THE PLATFORM POLICY
1. The Users and their Authorised Users are required to use the Platform in accordance with the present General Terms and all applicable laws and regulations as well as pursuant the principles of good faith and morality and the business ethics.
2. To the aforementioned persons, the following are prohibited:
2.1 Any use of the Platform for other purpose than the purpose of using the Service commercial purposes.
2.2 Any access or attempt to access information and data (including personal data) that are transmitted through the Platform, for which they have no authorisation or authority to use
2.3 Access to the Platform in order to create or produce a product or service that is competitive to the Platform and the Software of the Platform.
2.4 Use of the Platform for the purpose of providing services to third parties other than those permitted under the General Terms.
2.6 Facilitating in any way and by any means third parties to access the Platform and any data (including personal data) and information for non- legitimate or non authorised purposes.
2.7 The transmission of viruses, the transmission of documents and Information which are illegal, harmful, offensive, threatening, defamatory or dangerous to the security of the Platform and for the reputation of the Company, its Affiliates and Associated Companies and other Users of the Platform.
2.8. The posting of messages, Information, Documents and other data as well as the granting of any data (including personal data) and information that may contain abusive, threatening, offensive, defamatory and generally illegal content.
2.9 Any action which is or is considered to be detrimental to the interests of the Company, its Affiliates and / or Associated Companies and other Users of the Platform, or which may prevent any third party from using the Service.
2.10 Selling, conceding, renting, transmitting, processing to any third party and for any purpose any data that are connected with any use whatsoever of the Platform and the Service in general.
2.12 Any form of Software piracy, hacking and / or interception of data (including personal data) and information.
2.13 Importing to the Platform, sending and forwarding of information or software programs that may contain viruses or other harmful features that may either cause the Platform to malfunction or cause traffic to the Service which may make it difficult for users to use it.
2.14 The use of the Platform in any way, which, irrespectively of the purpose (fraudulence or negligence), could cause the Service to malfunction.
2.15 Licensing, resale, leasing, assignment, subcontracting, and in general any disposal of the Service to third parties for any use and purpose other than the ones expressly permitted herein
2.16 Decompilation, duplication, reproduction, falsification, distribution, presentation, software included in the Service or part thereof and / or any processing of the source code.
2.17 Linking the Platform with any Product / Service of the Users without the express and written consent of the Company.
2.18 Any action which may affect the ability of other Users to make use of the Service, or circumvent the rights of other Users, such as, for example, their intellectual property rights, personal data, etc.
2.19 The use of mechanisms, software or other actions that impede the normal operation of the Platform.
2.20 Any copying, analogue / digital recording and mechanical reproduction, distribution, transfer, downloading, processing, resale, creation of derivative work of the Platform and its components described herein.
3. In the event that the above persons have doubts as to whether an action or omission constitutes a violation of this Acceptable Use of Platform Policy and / or, if they wish to report to the Company, any violation of this Policy which has come to their notice, they may contact the Company.