General conditions
GENERAL CONDITIONS
GENERAL TERMS
GENERAL TERMS AND CONDITIONS FOR ACCESS AND USE OF
THE PLATFORM "BUSUP"
1. PURPOSE
1.1. Access and use of the Computer Platform named BusUp (hereinafter the
"Platform") is offered by the Spanish company “BusUp Technologies SL”,
with registered offices at Avenida de la Marina, no. 1, zip code 08830, Sant
Boi de Llobregat, Barcelona, registered in the Trade Register of Barcelona, in
Volume 45.859, book 192, Page B-493484, with Tax Identification no.
B66864307 (hereinafter "BusUp"), which operates in Portugal through its
subsidiary “BusUp Portugal Mobility, Unipessoal, Lda”, with registered offices
at Rua das Abóbodas, n.º 13, 3ª, Queijas, Oeiras and Tax Identification no.
514790369.
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: suporte@busup.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.
2.6. In addition to the present Terms and Conditions, to access and use the
Platform, the User must first accept the Privacy Policy, available for review in
the Platform, as well as the clause that authorizes BusUp to process their the
personal data.
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. TERMS OF USE OF THE PLATFORM
4.1. Contents
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.
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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. Liability
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. Passengers
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. Luggage
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: suporte@busup.com.
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. Likewise, BusUp must provide information on the Platform, at all times,
regarding the status of the default BusUp route (confirmed/unconfirmed),
according to the level of occupancy of the abovementioned route.
5.8.13. 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. In accordance with the provisions of the Privacy Policy, the debit or credit card
details provided in the registration form of the User Account will be sent to the
supplier of the payment gateway, responsible for storing the data of each User.
5.8.15. 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.
5.8.16. 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.
5.8.17. 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.
5.8.18. 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.
5.8.19. 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.
5.8.20. However, Users may withdraw this authorization at any time by emailing
accounting@busup.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
suporte@busup.com, 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 suporte@busup.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
ssuporte@busup.com, 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. Changes
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 suporte@busup.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.
7.12. The User expressly accepts that, in order to control User sessions, BusUp will
use cookies or browser monitoring software when Users browse the Platform,
and will store and process said cookies to obtain accurate knowledge and to
monitor the use of the Platform. More information in this regard, may be
reviewed in the Privacy Policy.
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
9.1. The personal data provided by the User in the User Account registration form
will be entered in a personal data file of which BusUp is the responsible entity.
This file shall be duly registered with the relevant authorities, when such
registration is legally required. For more information, please consult
the Privacy Policy.
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. NOTIFICATIONS
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 unsubscribe@busup.com, 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 suporte@busup.com.
12. ASSIGNMENT
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 unsubscribe@busup.com. 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.
PRIVACY
PRIVACY POLICY
NOTICE: By simply using or browsing the website, or by accessing BusUp software
application, you will be considered a “User” and therefore, you should carefully read the
“Privacy Policy” set out below. This does not affect the need for you to provide your
consent, when solicited for providing personal data and/or installing cookies.
1. Ownership
Through the current Privacy Policy, “BUSUP TECHNOLOGIES, S.L.”, with registered
offices at Av. De the Marina No. 1, Sant Boi de Llobregat (zip code 08830) Barcelona, Spain,
and Tax ID (CIF) B-66864307 (hereinafter “BusUp”), as a holding company of BusUp
group (composed of several subsidiaries) and responsible for data processing, wishes to
inform users of its computer application (hereinafter the “Application”) and its website
“www.busup.com” (“Website”) (hereinafter “Users”) about its personal data protection
policy, so that they can freely and voluntarily decide if they wish to supply BusUp with the
personal data that may be required or obtained by accessing and using the Application and
Website.
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, as updated from time to time, including the updates from Law no.
46/2012 of 29 August; and Law no. 67/98, of 26 October, on the protection of
personal data, as updated from time to time, including the updates from Law no.
103/2015 of 24 August.
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: info@busup.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 info@busup.com.
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)
4. Cookies
4.1. Definition
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.
4.2. Type
BusUp uses cookies in order to store the data gathered while the User is browsing, in order to
correctly identify the Users that visit the Website and/or use the Application, to remember
their preferences and provide them customized services, to monitor the use of the Website as
well as to improve its quality. However, certain areas or services of the Website may not be
available if the User rejects the use of Cookies. BusUp uses both own and third-party cookies
on the Website and in the Application.
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.
• Third-party cookies: The Website and the Application may use the services of third-
party suppliers, on behalf of BusUp, to collect information for statistical purposes
about the use of the Website and the Application by the User, and for the provision of
other services related to the activity of BusUp. Specifically, the Website and
Application use Google Analytics, a web analytics service offered by Google, Inc.
registered in the United States with head office at 1600 Amphitheatre Parkway,
Mountain View, California 94043. To provide these services, these third parties use
cookies that gather information, including the User's IP address, which will be
transmitted, processed and stored by Google in the terms established on the website
Google.com. This includes the possible transmission of this information to third
parties where legally required or when these third parties process the information on
Google's behalf.
Users may accept or reject the use of cookies and, as a result, BusUp will not be responsible,
under any circumstances, for any processing activities carried out by third parties in
connection with the Personal Data collected through the cookies introduced by them on the
Website or in the Application when Users have accepted the use of cookies.
BusUp may only use the information related to the User contained in cookies derived from
the User installing/using the Application or accessing the Website if the User provides their
express prior acceptance for the data collected in the manner and for the purposes previously
mentioned to be processed. In this respect, the User may access at any time the Privacy
Policy that they accept when completing the registration process. They may also accept the
Privacy Policy at any time by visiting the Website or the Application. If the User does not
wish BusUp to use this information, the User can change the cookies settings in his/her web
browser at any time.
4.3. Deactivation
The User recognizes the possibility to reject the processing of the data or information by
rejecting the use of cookies, selecting the appropriate settings to this end in their web
browser, although this option to block cookies in their web browser may not allow the User
full use of all the functions of the Website or Application.
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.
If you have any doubts about this cookie policy, please contact BusUp at info@busup.com
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.
• All social networks use cookies. If you deactivate them you will not be able to use
any social network.
4.4. Deletion
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.
4.5. Settings
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, including partner entities or service providers, 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.
7. Security
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 only take responsibility for any damages the User may suffer as a result of using
the Website or the Application, provided they have occurred as a result of willful or reckless
misconduct by BusUp. By accepting the Privacy Policy, the User agrees that they use the
Website under their responsibility.
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
d. Comply with all provisions of the Law, as well as of this Privacy Policy.
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:
a. Treat the Personal Data of Users to which they have access in accordance with this
Privacy Policy and with the law, under their exclusive responsibility;
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;
d. Not to disclose Personal Data of Users to which they have access except when
required by law or when expressly permitted under this Privacy Policy or under a
Customized Agreement.
The obligations applicable to BusUp provided in this Privacy Policy are applicable to Special
Clients, with the necessary adjustments, whenever it is not contrary or incompatible with the
terms and conditions of the Customized Contracts entered into with BusUp, with the Terms
and Conditions available in the BusUp Platform, with the specific terms and conditions and
privacy policies that are created for such Customized Contracts or with any applicable legal
provision, particularly in what concerns data protection.
11. Modifications to the privacy policy
In the event that BusUp modifies this Privacy Policy, it will publish a notification on the
Website so that the Users can be aware of any change in the type of Personal Data that is
collected, the purposes of the processing and/or the communications to third parties. Under
no circumstances may any modifications applied by BusUp to this Privacy Policy be
considered to alter, by themselves, the authorization granted by the User for the use of their
Personal Data for particular purposes. If, at any time, BusUp decides to use Users' Personal
Data in any way other than that established at the time it was collected, the Users will be
notified by e-mail, requesting their prior consent in this regard.
12. Acceptance
Sending Personal Data through the forms of the Application and of the Website, or by using
other services offered by BusUp, entails consenting to the Personal Data being processed by
BusUp and by its Special Clients, whenever it is deemed applicable, in the terms described in
this Privacy Policy, provided it has been expressly accepted beforehand.
In Lisboa, Julho 2019