Dienstleistungsvertrag Chofix.com

1. GENERAL

1.1. H__E__R__S__E    G__E__S__T__I__O__N SL, the company that owns the chofix brand, is domiciled in Lorca, Murcia, Calle Juan XXIII, nº 4 3º C (hereinafter, the "Company") offers the possibility of using its services available at https: // www. chofix.com (hereinafter, the "Site") and is described in more detail in section 2 of this (hereinafter, the "Service") to an Internet user (hereinafter, the "User") in the terms and conditions described in this document. This Agreement (hereinafter, the "Agreement") will enter into force and be legally binding on the Company and the User (hereinafter, the "Parties") at the time the User begins to use the Service for the first time. .
1.2. By starting to use the Service, the User will be deemed to have accepted the terms of this Agreement without reservations, exceptions or limitations not included in this document. In the event of the User's disagreement with any provision of this Agreement, the User will not use the Service.
1.3. The Company reserves the right to change or modify this Agreement at any time and in its sole discretion and without prior notice. A new version of this Agreement will become effective when it is posted on the Site. By continuing to use the Service, the User confirms their acceptance of the revised Agreement. The Company encourages the User to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when using the Service. If the User does not agree to the revised Agreement, the User cannot use the Service.
1.4. This edition of the Agreement enters into force on September 1, 2020 and is effective until the next edition is adopted.
1.5. Any time period specified in this Agreement will be determined by UTC + 1 time zone, unless expressly stated otherwise in this document. The beginning and end of the calendar dates specified in this Agreement, including the beginning and end of any term, are determined by the beginning and end of the respective 24-hour period in the UTC + 1 time zone.

2. SERVICE DESCRIPTION

2.1. The Service allows the User to search for private and other transport service providers using the list of partner organizations (hereinafter the "Carriers") that have entered into separate agreements with the Company.

2.2. The User acknowledges and accepts that:
(A) The User's ability to obtain transportation services through the use of the Service does not establish the Company as a provider of transportation services or as a carrier. When the User finds a Carrier and accepts its terms, including the specific transfer (hereinafter, the "Transfer") and the price to pay for it (hereinafter, the "Transfer Price"), they must enter into a paid transport contract with the Carrier directly (hereinafter, the "Contract of Carriage") but not with the Company.
(B) Users can receive transportation services using the Service by themselves only if they are over 18 years of age. Individuals under this age cannot use the Service independently, but may participate in Transfers accompanied by adults (not under 18 years of age).
(C) Due to the nature of the Service provided under this Agreement, the Company's responsibility is limited to the obligation to accurately transmit the information between the User and the Carrier, as well as to transfer the prepayment or full payment of a Transfer specific received from the user to the carrier. The Company will not be responsible for the credibility of the information transmitted, as well as for the due compliance and in good faith of the Shipper's obligations within the agreements between the Shipper and the User. The Company is not liable for any losses, including lost profits and physical losses and damages in any way determined by the use of the Service.
(D) The Service, the software used to provide the Service and other content on the Site through which the Service is available (including but not limited to the "Search Engine", the Chofix logo and other logos and trademarks ) protected by the intellectual property rights of the Company or third parties. The User is hereby granted a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and use the respective intellectual property solely in connection with their use of the Service; and (ii) access and use any content, information and related materials that may be available through the Service, in each case solely for the User's personal and non-commercial use. Any rights not expressly granted in this document are reserved by the Company.
(E) There may be certain technical limitations and restrictions on the Service, which may lead to inaccessibility of the Service or delays in the transmission of communication at a certain time due to some reasons beyond the control of the Company.
(F) The User enters into this Agreement at their sole risk and that the Service and any information provided to the User is provided "as is" and "as available".
(G) The relationships between the User and the Company are exclusively included in the Agreement contained in this document. Nothing shall be presumed to indicate that the Company and the User have entered into or have agreed to enter into any other contract or have rights and obligations against each other in any other agreement.
 

3. PAYMENT OF THE TRANSFER PRICE.

3.1. After finding a Carrier and entering into the Contract of Carriage with him, through the Service as stipulated herein, the User must make a full prepayment of the Transfer Price through one of the payment options offered by the Company, to the Company, which the Company will further transmit to the Shipper subject to the terms and conditions of a separate agreement between the Company and the Shipper.
3.2. The Company does not collect, process and / or store the User's payment data.
3.3. The User agrees that the Company has the right to add to the Transfer Price any processing charges that are due to the relevant agreements between the Company and its banks and / or payment systems. The user also accepts that the transfer price with any charge can be debited from the user's bank account / card in a currency other than the one previously selected if the bank and / or the bank stipulate payment in a specific currency and / or the mandatory currency conversion. payment system that makes the payment.
3.4. Unless this Agreement provides otherwise:
(A) all payments made by a User under this Agreement will be made gross, without the right to counterclaim or offset and without deductions or withholdings of any kind other than the deductions or withholdings required by law; If a User makes a deduction or withholding required by law from any payment, the amount owed will be increased to the extent necessary to ensure that, after making such deduction or withholding, the Company receives a sum equal to the amount it would pay. have received any deduction or withholding;
(B) there are no cost limits to make payments for Transfers;
(C) all payments made by the Company (whether as a refund to the User or otherwise) will be considered inclusive of all taxes that the User may pay in connection with the payment and the payment of such taxes are the sole responsibility of the user . In no case will the Company have the obligation to deduct or withhold any tax when making any payment to the User.
 

4. CANCELLATION OF THE TRANSFER AND REFUND POLICY.

4.1. The User may unilaterally cancel a reserved and fully paid Transfer by sending an email to the Company's support address [email protected]. The Transfer can be canceled with respect to one of the instructions, if the Transfer between the User and the Carrier was agreed with the round trip route ("round trip"), with compliance with the rules and deadlines for cancellation of the Transfer established in full in this section. A change by the User of the essential conditions of the Transfer (such as the pick-up time, the Transfer route, the number of passengers, the vehicle class, etc.) is equivalent to the cancellation of the Transfer initiated by the User. , and the Carrier has the right to refuse to carry out the Transfer in accordance with the changed conditions. The refund of the Transfer, the essential terms of which have been modified by the User, is carried out in accordance with clause 4.2.

4.2. The Company undertakes to return to the User the funds transferred to the Company as a full pre-payment in the following cases:
(A) the User cancels the Transfer or changes its essential terms before the expiration of the cancellation period established during the agreement of the transfer conditions (this period ends no later than 48 hours before the agreed pick-up time)
(B) the Transfer is canceled at the initiative of the Carrier or the Company.
The User may request the Company to reimburse the amount paid for the Transfer within 4 (four) months from the agreed date of the Transfer. Upon expiration of this period, such request can be addressed directly to the Carrier only.
4.3. In other cases, the Company has no obligation to return the funds to the User.
4.4. The return of the payment (total or prepaid) is not allowed in the event that the User or another passenger on whose behalf the User has placed an order does not appear at an agreed place of the Transfer at the time of collection or within 60 minutes at airports, sea or river port terminals, 30 minutes at railway stations and 15 minutes at all other places from the agreed pick-up time, the total or partial payment will not be returned.
4.5. In case this is foreseen in the terms of the bank and / or the payment system through which the payment of the Transfer Price was made, the funds to be transferred to the User in accordance with clause 4.2 of the Agreement can be charged from The Company's account in the currency in which they were debited from the User's account and connected to the User's card or bank account in the account's currency through the conversion procedure.
 

5. USER REPRESENTATIONS AND WARRANTIES

5.1. The User declares and guarantees at all times that the User continues to use the Service that: (A) The User has legal capacity under the laws of all applicable jurisdictions and accepts this Agreement voluntarily, and that the User has full power, authority and capacity to comply with this Agreement and your obligations contained herein; (B) the User's compliance with this Agreement is legal and its obligations are legally binding and valid; (C) the User has carefully and completely read and understood this Agreement; (D) the User complies and has always complied with this Agreement; (E) when entering into this Agreement, the User has not relied on any representation, warranty, statement, commitment or conduct of any kind other than that expressly stipulated in this Agreement; (F) all information provided by the User is true, complete, valid and is not misleading in any way, and he acknowledges and accepts that the Company enters into this Agreement with him based on the representations and warranties set forth in this clause.
 

7. EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY

7.1. The User hereby agrees that, to the fullest extent permitted by law: (A) no warranty is made with respect to the Service or any information provided to the User; and (B) the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including: (i) any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; (ii) any guarantee regarding the timeliness, reliability, suitability, sequence, precision, adequacy, coherence or completeness of any information provided to the User at any time or from time to time; (iii) any guarantee that access to the Service provided below will be uninterrupted, timely, or error-free.
 

8. LIMITATIONS OF THE COMPANY'S LIABILITY

8.1. To the maximum extent permitted by law, the User expressly waives all responsibility for any loss, and for any cause, incurrence or suffering of you or any other person, including any loss that arises or is related to: (A) any inaccuracy, incompleteness or delay in any information provided to the User; (B) any transaction failure that may occur when the User seeks to make the payment; (C) any malfunction, instability or other failure of any software used by the Company to provide the Service; (D) any disclosure, loss, theft, destruction or inaccessibility of the User's account, password or other data (including failure by the User or any other person to keep them safe, confidential); (E) termination of this Agreement at any time and for any reason; (F) any failure of the Service to be used in any specific way or to fulfill a specific purpose or requirements; (G) any war, riots, restrictions imposed by any governmental or semi-governmental or regulatory authority, industrial or commercial disputes, fires, explosions, storms, typhoons, floods, lightning, earthquakes and other natural calamities.
8.2. The Company shall have no liability for indirect, incidental, special, exemplary, punitive or consequential damages, including lost earnings, loss of data, personal injury or property damage arising out of or related to the provision of the Service then. , or otherwise related to its subject matter, regardless of the negligence (whether active, affirmative, sole or concurrent) of the Company, even if the Company has been informed of the possibility of such damages.
8.3. The Company shall not be liable for any damage, liability or loss arising from: (A) the use or dependence of the Service by the User or the User's inability to access or use the Service; or (B) any transaction or relationship between the User and any Operator, even if the Company has been informed of the possibility of such damages. The Company will not be responsible for delays or failures in performance that result from causes beyond the reasonable control of the Company. The User acknowledges that some Carriers may offer shared rides (shared vehicles of several passengers) or transport services between peers and may not have a professional license or permit.
8.4. The Company's aggregate liability to the User for any claim for damages (whether under contract, tort, warranty or other law) resulting from, arising out of or in connection with this Agreement, or otherwise related to its subject matter, will not under the circumstances exceed the Transfer Price paid by the User to the Company in relation to the corresponding Transfer.
 

9. INDEMNIFICATIONS.

9.1. The User will indemnify the Company against, and agrees to reimburse and compensate the Company for any liability or loss arising out of (and any costs incurred in connection therewith): (A) any breach of this Agreement; (B) the Company exercises, enforces or preserves its rights, powers or resources (or considers doing so) with respect to the User in connection with this Agreement; (C) the infringement of the intellectual property rights of the Company or third parties or other laws in relation to the use of the Service and the Site by the User and its contents.
9.2. It is not necessary to incur expenses before the compensation in this clause operates.
 

10. USER CONSENT FOR ADVERTISING MESSAGES AND PRIVACY POLICY.

10.1 The User agrees to receive advertising messages from the Company. The User has the right to refuse the receipt of advertising messages using the relevant functionality of the Service, as part of which or in relation to which the User received such messages.
10.2 The User hereby consents to the processing and collection of his personal data to the extent and for the purposes specified in this Agreement and Privacy Policy.
10.3 Regarding the protection of personal data, the Company follows the legislation of Spain and the European Union.

12. ASSIGNMENT AND NOVATION

12.1 The Company may assign, transfer, novation or negotiate in any way, all or part of the benefit of this Agreement and any of its rights, resources, powers, duties and obligations under this Agreement to any person, without the consent of the User and of any way the Company deems appropriate.
12.2 The User agrees that he may not transfer to any transferee, transferee or any other person who has an interest in this Agreement, any right of set-off or other rights that the User has against the Company.

13. TERM AND TERMINATION

13.1 This Agreement will commence at the time specified in clause 1.1 and will continue until terminated in accordance with this section 13.
13.2 Notwithstanding any other provision of this Agreement, the Company may, at any time and for any reason, terminate this Agreement immediately between the User and the same without prior notice or if it needs to specify reasons, even if: (A) the User has breached any provision of this Agreement or acted in a way that clearly shows that the User does not intend or cannot comply with any provision of this Agreement; (B) the Company reasonably believes that it must do so through the application of any law or regulation or by any government, quasi-governmental, public authority or body (including any regulatory body of any jurisdiction); or (C) the Company determines that fulfilling its obligations under this Agreement is no longer commercially viable.
13.3 The Company will inform the User of such termination by notification in accordance with section 18.

14. DISPLACEMENT WAIVER

The User acknowledges and agrees unconditionally and irrevocably to waive any right of compensation, counterclaim, reduction or other similar remedy that the User may have under this Agreement under the laws of any jurisdiction.

15. APPLICABLE LAW This Agreement is governed by and must be interpreted in accordance with the law of Spain.

16. DISPUTE RESOLUTION

If there is a dispute between the Parties that arises from, or is related to this Agreement or is related to its subject, the dispute will be referred to and finally resolved according to Spanish Law. The User renounces his own jurisdiction, being the Courts of Lorca, Murcia those that will know the matters of this Agreement.
 

17. THIRD PARTY RIGHTS

Any person who is not a party to this Agreement cannot enforce or enjoy the benefit of any provision of this Agreement.
 

18. NOTIFICATIONS

18.1 The User agrees that the Company may give notices and communications, under or in connection with this Agreement by posting on the Site or by email to the email address that the User registers in their account, and that such notice is deemed effective and received by the User at the time it is published on the Site, or, sent by the Company.
18.2 Notices to the Company may be addressed to the email address specified on the Site.
 

19. DOES NOT WAIVE

No failure or delay by the Company to exercise any right, power or remedy under this Agreement shall function as a waiver, nor any individual or partial exercise by the Company of any right, power or remedy.
 

20. CUMULATIVE RESOURCES

The rights, powers and remedies provided in this Agreement are cumulative and are not exclusive of any right, power or remedy provided by law.
 

21. NO RELATIONSHIP

This Agreement does not create any type of partnership, joint venture, advisor, trustee, agency or trustee relationship or any similar relationship between the User and the Company or any other person or entity.
 

22. SEVERABILITY

If any provision of this Agreement is found to be illegal, void, unenforceable, or invalid, in whole or in part, under the laws of any jurisdiction, that part will be severed, and such illegality, unenforceability, or invalidity will not affect the legality , enforceability or validity of the remaining provisions of this Agreement in that jurisdiction, nor the legality, enforceability or validity of this Agreement in any other jurisdiction.
 

23. LANGUAGES

This agreement is made in Spanish. In the event of any inconsistency between the Spanish version and any translation, the Spanish version will prevail.