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Important
In these Transport Terms capitalized words, phrases and acronyms shall have the meaning given to them below. Capitalized words, phrases and acronyms used in these Transport Terms that are not defined below shall have their ordinary meaning.
2. Contractual relationship between You and Us
2.1 In respect of the Services the Traveler Terms of Use apply. 2.2 In respect of the Transportation Services, when You make a Journey, You enter into a separate contract between You and the relevant TR3. These Transport Terms are applicable to that contract between You and the Transtur´´ s, TaxiCuba´ s or other Cuban provider. 2.3 We may change these Transportation Terms from time to time and You are advised to check Our website and Platform regularly to consider any changes to the Terms which apply to You and/or any Traveller. We may also email Our updated Transportation Terms to You. Your continued use of the Transportation Services after such change constitutes Your agreement to be bound by these Transportation Terms, as amended.
3. What We will do
3.1 We will provide the the Transtur´´ s, TaxiCuba´ s or other Cuban provider. with details of the Journey, including Your contact details and Pickup and Drop Off Location. 3.2 For Transportation Services We will provide You with contact details of the Transtur´´ s, TaxiCuba´ s or other Cuban provider.(and where possible Driver) prior to Your Pickup Time. 3.3 When You book Transportation Services, We will endeavor to ensure that the the Transtur´´ s, TaxiCuba´ s or other Cuban provider allocates the Vehicle requested in the Journey. However, We are unable to guarantee the make and model. If a Vehicle of a lower category for which a lower rate applies, is provided, We will refund you the difference. 3.4 When You book a shared shuttle, the shuttles will pick up/drop off other passengers in different destinations, so there will be additional stops along the way to your Drop Off Location. You should also re-confirm Your Pickup Time as the shuttle operates on a fixed schedule. To confirm the correct Pickup Time, please check 24 hours before the Pickup Time by contacting the relevant the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s Driver by using the contact details provided in Your Journey Confirmation.
4. What You need to do
4.1 Comply with laws and be respectful. You must comply with all applicable laws and not use the Transportation Services for unlawful purposes (e.g. trafficking or transporting illegal substances). You agree to cooperate with Us, and provide relevant information that We reasonably request, in respect of Our anti-fraud and anti-money laundering checks. You must be respectful to the Driver at all times and not cause any nuisance, property damage or otherwise behave inappropriately to the Driver or the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s personnel. You must not contact the Driver or the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s for purposes other than the Transportation Service. 4.2 Check Your details. For Transportation Services You must ensure that You have provided Us with full and accurate details for Your Journey, including, but not limited to, accurate timings for the Pickup Time (using the local time), Pickup Location, Drop Off Location and, where applicable, numbers and times in relation to your Primary Journey (e.g. flight numbers). You should check Your Journey details specified in the Journey confirmation are complete and accurate. 4.3 Be on time. For Transportation Services You must ensure that the Travellers are at the Pickup Location at the Pickup Time. In the event of a change in Your Primary Journey that is beyond Your control, provided You have notified Us with details of Your Primary Journey at least 24 hours before the Pickup Time, the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s will adjust the Pickup Time to factor in any changes. In case Your foresee a delay of more than one hour or if You cannot find Your Driver at the Pickup Location, You should contact the Driver (or if You cannot reach the Driver Our customer service team). In the event Your flight is cancelled or diverted, the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s may not be able to honor Your Journey, in these circumstances please contact Our customer service team. 4.4 Provide contact information. You must provide Us with valid and up to date contact information to enable Us and/or the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s (or their Drivers) to contact You if necessary and provide You with information regarding Your Journey. 4.5 Age restriction. You warrant and represent that You are 18 years or older and that any Travellers under the age of 18 are accompanied by a responsible adult. 4.6 Fit for travel. The Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s, whether through a Driver or other TR3 personnel, acting reasonably, reserve the right to refuse the Transportation Services to any person who is considered unfit to travel, or who is abusive, intoxicated, underage, or if carriage of any such Travellers and/or luggage could cause the Driver or the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s to be in breach of any applicable laws, traffic and/or road safety regulations, or may damage the Vehicle. We will not be liable for the completion of any travel arrangements, nor for any refund, compensation or any other costs whatsoever that You and/or any of the Travellers (as appropriate) may incur in such circumstances. 4.7 Select the appropriate Vehicle category and extra’s.
4.7.1 Where using the Transportation Services You must choose the appropriate Vehicle (category) for Your needs. When choosing Your Vehicle (category) You should consider the number of Travellers travelling in the Vehicle and the amount of luggage space required and check that the Vehicle meets Your needs. Especially when traveling with strollers, pets, additional and/or odd size luggage. 4.7.2 Child and baby seats will be provided by the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s if confirmed in the Journey Confirmation.
4.8 You are responsible for all Travellers’ complying with these Terms. You are responsible for ensuring that the Travellers comply with all provisions of the Terms where necessary or required to enable You to comply with the Terms, and You shall be liable for all acts and omissions of the Travellers. 4.9 Platform Content. All information on the Platform is provided to the best of Our knowledge, but We cannot guarantee it is 100% accurate. The images displayed on Our Platforms are for illustrative purposes only. It is solely Your responsibility to evaluate the accuracy, completeness and usefulness of all information provided on Our Platforms.
5. Price and payment
5.1. You understand that using the Services may result in charges for Transportation Services (hereafter “Charges”). We will facilitate Your payment of the applicable Charges on behalf of the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s as disclosed payment collection agent for the TR3 (as principal). Payment of the Charges in such manner shall be considered the same as payment made directly by You to the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s. Charges will be inclusive of applicable taxes where required by law. Charges paid by You are final and non-refundable, unless stated otherwise in the Terms. 5.2. All Charges are due immediately upon making a Journey and payment will be facilitated as soon as practicable by using the preferred payment method designated by You, after which We will send you a receipt by email. If Your primary payment method is determined to be expired, invalid or otherwise not able to be charged, You agree that We may, as the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s disclosed payment collection agent, use a secondary payment method, if available. 5.3. This payment structure is intended to fully compensate the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s for the Transportation Services provided. We do not designate any portion of Your payment as a tip or gratuity to the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s or Driver. You understand and agree that, while You are free to provide additional payment as a gratuity to any Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s Driver, You are under no obligation to do so. Gratuities are voluntary. 5.4 You and/or the Travellers may be charged if changes are made to Your Journey during the Ride. Such charges will be due immediately to the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s or Driver. The Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s and/or Driver may decline any unreasonable requests to amend the Journey and neither We nor the Transco shall have any liability to You if You make changes to the Ride that are not acceptable to the Driver and/or the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s. 5.5 Meanwhile we are not able to provide you with a valid VAT invoice.
6. Repair and cleaning charges
6.1 You are responsible for the cost of repair for any damage to, or necessary cleaning of, Vehicles and third party property resulting from Your use of the Transportation Services in excess of normal “wear and tear” and reasonable cleaning. We or the Transco will contact You for payment of such costs and We may facilitate any payments to the Transco.
7. Amendments to the Journey
7.1 Your Driver will consider the requested Pickup Time to your Primary Journey (e.g. flight number) as provided in the Journey. The local average time to proceed from the place of arrival (gate) to the Pickup Location (collect checked-in luggage, get through customs etc.) will be added to the initial planned arrival time of the Primary Journey (with a maximum of 60 minutes). You may request the Driver to wait beyond those times. In such an event a waiting fee might be charged by the Driver. Your Driver will monitor the arrival time of your Primary Journey. If the scheduled arrival time of the Primary Journey does not match the Pickup Time, the Driver will keep the scheduled arrival time of the Primary Journey as the leading factor. 7.2 If any Traveller wishes to change the Pickup Location or Drop Off Location, date, time or Vehicle category, You must amend Your Journey prior to the time specified by Us in the Journey process or in the Journey confirmation. You may be charged a cancellation fee depending on how far in advance You cancel the Journey. 7.3 Occasionally it may be necessary for changes to be made to the Journey (after confirmation). In all such cases We will advise You as soon as reasonably possible and, if the proposed changes are unacceptable, You may cancel the Journey without incurring any cancellation fee although You shall not be entitled to cancel the Journey if the changes relates to the identity of the Driver, the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s or the Vehicle which is of a similar make and model, which We are entitled to do at any time prior to the Pickup Time. In any case We shall have no liability in respect of any direct or indirect losses You may suffer as a result of such changes or cancellation.
8. Cancellation
8.1 You may cancel a Journey free of charge via the Platform until such time prior to the Pickup Time as is specified by Us in the Journey confirmation. If no such time is specified in the Journey confirmation, this will be 24 hours prior to the Pickup Time. 8.2 If You cancel a Journey later than the applicable time referred to above the Journey will be charged in full regardless of whether the Ride has been made. 8.3 In case of a delay of Your Primary Journey of more than 1 hour, the Driver may cancel the Journey or charge for the additional waiting time. 8.4 We have the right to cancel the Journey or terminate these Terms or the Services upon limited or immediate notice in any circumstances, including but not limited to:
8.4.1 the insolvency of the Driver, the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s or any other issue with the TR3 (including Vehicles and Drivers) which means that Your Journey cannot be fulfilled. In circumstances where We cancel due to issues related to the Driver, the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s We will use Our reasonable endeavors to arrange for the supply of alternative arrangements. For Transportation Services where We notify You of cancellation of the Journey 48 hours or less before the Pickup Time, You will receive a return of all monies already paid by You in respect of the Journey; or 8.4.2 Your breach of these Terms.
9. Limitation of liability
9.1 Our liability to You and Travellers in relation to the Services is as set out in Our Traveller Terms of Use. You acknowledge and agree that each Journey is made between You and the relevant Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s and that We will have no liability whatsoever in respect of any costs, expenses, liabilities (including any liabilities for taxes), injuries, direct, indirect and consequential loss, damages, claims, demands, proceedings and/or legal costs incurred or suffered by You or the Traveller under or in connection with any Journey, Ride and/or the Transportation Services. 9.2 Subject to clause 9.4, the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s shall not be liable to You or any Traveller, whether in contract, tort (including negligence), breach of applicable law or otherwise for any indirect losses of whatever nature, whether or not they arise out of any other loss or damage suffered by You or any Traveller. Furthermore, the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s shall not be liable for any loss of profits, loss of opportunity, loss of goodwill or consequential losses, damages or costs. 9.3 Any liability resulting from the provision of the Transportation Services by the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s and/or the Driver shall be the sole responsibility of the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s. Subject to clause 9.4, the aggregate limit of the the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s liability to You and any Travellers, however arising under the Terms or in respect of a Journey or Ride, shall in no circumstances exceed the Charges paid of the Journey. 9.4 Nothing in these Terms exclude or limit liability for (i) death or personal injury caused by the negligence of the liable party, or (ii) fraud or fraudulent misrepresentation, or (iii) or any other liability which cannot be limited or excluded by applicable law. 9.5 Except as expressly stated in these Terms, no representation, warranties or undertakings are given in relation to the Services or Transportation Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, no responsibility is accepted for ensuring that the Services and Transportation Services are suitable for Your purposes (which remains solely Your responsibility).
10. Refund Policy
10.1 You acknowledge and accept that in the event of a failed Ride due to:
10.2 If the Driver is not at the Pickup Location at the Pickup Time (or such other time as agreed between You and the Driver) (other than as a result of any circumstances beyond Our or their reasonable control), provided You have complied with these Terms, You can apply for a refund. We will duly investigate Your refund claim and You agree to cooperate with Us during Our investigation. If Your refund claim is accepted, Your refund will be processed as soon as reasonably possible. Due to traffic or delays during a previous transport, it can happen that the Driver is slightly delayed. In which case the Driver will notify You. On behalf of the Transco We ask for Your patience for a maximum of 15 minutes as from the Pickup Time. 10.3 You must apply for a refund within 14 days of the Pickup Time. We may, but are not obliged, to process any refund claims that are made after 14 days of the Pickup Time.
10.1.1 incorrect Pickup Location, Ride details (such as number of Travellers or appropriate Vehicle category for the number of Travellers and luggage), Primary Journey details, or contact details provided by You; 10.1.2 the Driver or the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s being unable to contact You for any reason; 10.1.3 the Travellers failing to be at the Pickup Location at the Pickup Time or before the end of the waiting times referred to above; 10.1.4 the Travellers requesting unreasonable amendments to the Pickup Time or the Ride; 10.1.5 You and/or the Travellers failing to comply with clause 5.1 above; or 10.1.6 any other cause attributable to You or the Travellers, You will not be entitled to any refund in relation to the Journey and neither We nor the Driver, or the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s shall have any liability whatsoever to You or any Traveller in respect of the failed Ride or the Journey.
11. What if something goes wrong?
11.1 Our customer service team works round the clock to answer any questions or concerns You may have, so if You’re unhappy with any part of your Ride, please let Us know. You can find ways to get in touch using the ‘Contact us’ or ‘Help’ details in these Transport Terms, on the Platform and in the Journey confirmation. 11.2 So We can get to the bottom of the issue, We’ll need your Journey code, contact details, and a full account of what happened. We try to resolve issues as quickly as possible, but any supporting evidence you can give will help to speed-up Our investigation. 12.3 We aim to resolve disputes amicably, but if that does not work and to the extent permitted by applicable law, any dispute resolution will be governed by Dutch law under the jurisdiction of the competent courts of Amsterdam, the Netherlands.
12. General
12.1 Force Majeure. We nor the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s shall be liable for any default or delay in the performance of the Transportation Services if and to the extent that the default or delay is caused directly or indirectly by fire, flood, elements of nature, acts or war, terrorism or civil unrest, governmental actions and/or restrictions, strikes or labour shortages, epidemic or pandemic or any other cause beyond the reasonable control of Us and/or the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s . In such an event We shall notify You as soon as possible. 12.2 Fraud. In certain circumstances, where We have been made aware of, or have reasonable grounds to suspect, that the Transportation Services were purchased pursuant to fraudulent or illegal activities, We may cancel a pending or confirmed Journey. Where a Journey is cancelled We will refund any Charges paid by You. Where We cancel a Journey in accordance with this clause, We may notify You with the reason for such cancellation, unless such notification would (a) prevent or obstruct the detection or prevention of fraud or other illegal activities, or (b) contravene applicable laws. If You believe We have incorrectly cancelled Your Journey, You can contact Our customer team 12.3 For the avoidance of doubt, nothing contained in the Terms shall entitle any third party other than the Transtur´´ s, TaxiCuba´ s or other Cuban provider´´´ s to any benefit or rights pursuant to applicable law.
13. Contact Us
13.1 If You have any questions about the Services, please feel free to contact us. Please note that all correspondence will be sent to the email address given by You during the Journey process, even where a third party actually pays for the Services. 13.2 For customer service and inquiries about Your Journey, please contact Our customer service team via Our support button.
