Bus on demand terms and conditions

In order to comply with Article 10 of Act 34/2002 on Information Society Services and Electronic Commerce and Articles 97 et seq. of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Act for the Defence of Consumers and Users and other complementary laws, with regard to distance contracting, we inform users of our data:

Company name: TRANSPORTS DE BARCELONA, S.A. (hereinafter, TB)

Registered office: TMB, calle 60, 21-23, sector A, Pol. Ind. de la Zona Franca 08040 Barcelona. Tax ID (NIF) A-08016081

Telephone numbers: 932 987 000  /  932 148 000

Fax: 932 987 300

E-mail:  tmb@tmb.cat

Website: www.tmb.cat

Registration details: registered in the Barcelona Companies Register, volume 226, page 16610, sheet 145. Company providing public urban bus, Barcelona Bus Turístic and Tramvia Blau services.  

TB is a member of the group of companies commonly referred to as Transports Metropolitans de Barcelona, S.A. (hereinafter, TMB).

These terms and conditions aim to regulate a bus-on-demand model (hereinafter, BaD) that enables the most efficient provision and operation of the proximity service, so it can adapt to the real needs of its customers, who are residents in different areas of Barcelona. It is a mobility alternative that can be requested through two channels:

1.1.    The El Meu Bus application.
1.2.    TMB customer service telephone number: 900 927 575.

NOTE: The telephone service schedule will be available and updated on the TMB corporate website.

Hereinafter, both are referred to as "system". 

A user is a person who logs into the system, either through the app or the telephone channel, to create an account and request the services offered (hereinafter, the "user"). 
By accessing and using this application, the user acknowledges that they have read and understand these terms and conditions and agree to comply with them, as they establish a contractual relationship between the user and TB.

TB reserves the right to modify these terms and conditions at any time, as well as any other general or particular terms that may apply. The modifications made shall in no case affect services that have been performed prior to the approval of such modifications, which shall in any case be governed by the terms and conditions in force at the time such services were performed. The user shall be deemed to have consented to changes to the terms and conditions if they access our system after the terms and conditions have been changed. In the event of essential modifications to the terms and conditions, the user shall be expressly informed in order to accept or reject them. If the user rejects them, they will no longer be able to use the system.

It is the responsibility of the user to be aware of the terms and conditions in force at the time of initiating the request for the bus-on-demand service. TB also reserves the right to suspend, interrupt or cease operation of the application at any time.

In any case, in order to be able to establish a contract with TB, the user must have the legal capacity to enter into contracts. 

The document formalising the contract that regulates the commercial relationship between TB and each of the users shall be filed by TB, and may be consulted through our system, after authentication of the user via the means established in each case. This paper copy may also be requested from the customer services provided for in these terms and conditions.

2.1. Customer registration 

In order to facilitate the services offered through the system and to avoid having to ask customers for the same data each time they make a request, it is necessary to register as a user of the service.

Registration is open to all natural persons over 14 years of age with the capacity to act. In this regard, the following data shall be requested: name and surname, telephone number and whether the user requires access to the bus by means of a reserved space. For the elMeuBus app, users may also indicate their e-mail address.

At the end of the registration process, the system will confirm that the process has been successfully completed. User registration can be done at any time and only once, is free of charge and is not subject to any conditions or quid pro quo.

The user will be able to access using their identification through the means that TB enables to authenticate users in each case. In their profile, users can find relevant information, such as previous services, or manage their favourites, which consists of designating preferred areas and stops to facilitate the registration of their services. 

To unsubscribe, users can do so directly from their customer area in the app or by telephone. Unsubscribing as a user will entail the deletion of the user’s personal data, as well as the impossibility of making bookings in the future until you register again, in accordance with the provisions of the Privacy Policy. 

3.1. Service object

This service consists of an urban transport system in designated areas, and the journeys may not be of any other nature or character.

TB provides the user with such an on-demand transport service in urban areas in real time and advance bookings of services over time.

The user shall indicate the departure and destination stop of their journey as well as the time and number of people travelling with them and whether ramp access is required.

TB will schedule the user for the pick-up and drop-off stop and give an estimated time for pick-up. In case of pre-booking, the day and time of collection will be indicated.

3.2. Booking of the service

This service consists of the customer requesting one or more seats on the bus at a specific time for a specific journey. A distinction is made between two types of booking:

• Immediate booking of the service: the booking is requested for the same time as the request is being made.
•  Scheduled booking of the service: the booking is requested for a future time.

o In the event that a client does not attend such a booking, TB shall automatically cancel the booking at its discretion and notify the client.
After booking, users will receive a reminder of their reservation. The customer shall be informed of the time and the departure and destination stops. The customer will have the possibility to cancel the booking in this reminder.

3.2.1. No-shows

Whenever the customer, or any or all of the accompanying persons on the same booking, does not show up at the stop at the indicated time and has not cancelled in advance, this shall be deemed a no-show.

A failure to appear shall not be considered as a no-show, however, if the booked bus is delayed past the maximum time in the pick-up window given to the customer.

The bus driver of the booked service shall record in the corresponding application the customer or accompanying persons attending the booking. 

Failure to do so will prevent the customer from being eligible to participate in the rewards programme set out in point 4.4.
 

3.3. Modification of the route

TB is not obliged to represent the route that the vehicle will take to bring customers from the pick-up point to the drop-off point, as this route may be modified along the way.
Once the user has requested the service, they cannot change the route and the agreed pick-up and drop-off points at any time. But they can cancel the requested service.
Likewise, once the user has been picked up ("pick-up done"), the user may not request that the driver change the route.
 

4.1. User behaviour

Once the user has made the request, they undertake to be at the pick-up point five minutes before the specified time. It is the responsibility of the user to visually identify the vehicle that is going to pick them up.

Once inside the vehicle, the user may not disrupt the driver's attention under any circumstances while the vehicle is in motion.
At all times, the user shall maintain a moderate tone of voice so as not to cause discomfort to other passengers who may share the journey with the user and accompanying persons.

In the event that the user is not present at the pick-up point at the time specified, TB is released from the obligation to provide the requested service.

4.2. Prohibited uses

The user shall be solely liable for any illegal or unauthorised access to or use of the system. Prohibited uses include, but are not limited to, the following

a. Disclosure, publication, distribution or sharing of images or photographs that include images or personal information of third parties without having obtained the required consent of their owners.

b. Use of the system or any of TB's services in an unlawful manner or in any other manner that could undermine TB's image, damage, overburden, or impair the system, or endanger the physical safety or well-being of others.

c. Creation of a false identity, provision or use of false information in the user's account, making of false representations, provision of false information about yourself or others and your relationship with them.

d. Registering as a user in the name of another person or in any other manner involving the use of other people's identities and, in particular, identity theft or identity fraud.

4.3. Rights and obligations of users in the provision of the service

The rules and regulations for use regarding rights and obligations, as well as the coexistence of users in our transport and facilities, are set out in the passenger regulations for overground public transport services within the metropolitan transport authority, which are published on the TMB website.

4.4. Rewards programme

All registered customers over the age of 18 can take part in a rewards programme pertaining exclusively to the on-demand bus, the purpose of which is to promote loyalty in the use of public transport. To benefit from this programme, the customer must give their express consent in the elMeuBus app.
The rewards will be of a cultural nature and will be given every two months. The following criteria will be used to determine the winning customers for these rewards:

• Showing up for bookings. The customer must not have had any no-shows during the two months in question.
• Number of bookings. The customer must have made a minimum of 50 trips every two months. 
• Booking channel used. The booking channel used must have been the elMeuBus app.

TMB will give the reward to those customers who, fulfilling these three conditions, have made the greatest number of journeys using the on-demand bus. A maximum of one hundred rewards will be given out for every two-month period.

TMB will contact the customer via the consented contact channel to notify them that they have been selected as a rewarded customer and to agree on the method of delivery.

TMB reserves the right to modify or cancel the terms and conditions of this programme at any time. 

5.1. Background information

These terms and conditions are freely and openly available to all users of the system.

Access to the service application process is completely free of charge, with no additional costs associated with it, apart from the cost of the user having an internet connection or telephone operator.

All services are described in detail, and any issues that are not expressly indicated are not to be understood to be included.

The obligations between TB and the user are understood to take effect from the moment the user completes the service request procedure by pressing the "Confirm" button on the app or by giving their consent by telephone, and it is understood that by following all the phases of the electronic contracting procedure and including all the data requested, together with ticking the corresponding box when the user registers, the user accepts these terms and conditions and its data protection policy, which will be a direct manifestation of the user's willingness to accept them with their express consent.

5.2. False information

The user is solely liable for the origin, ownership, completeness, content, veracity and accuracy of the information provided through the TB application.
Likewise, TB shall not be liable for misrepresentation of information relating to carriers' permits when acting as a technology licensee for the provision of the service.

5.3. Service cancellation and withdrawal policy

The user can cancel the service request in good time before their pick-up via the customer area of the app or by telephone.
The user does not have the right of withdrawal once their request has been accepted by TB and the execution of the requested service has started. 

5.4. Limitation of liability. Unforeseen causes or force majeure

TB does not undertake to strictly comply with the pick-up and drop-off times indicated in the proposal, as these may be prevented by external elements (unforeseeable changes in urban traffic, strikes, traffic accidents, etc.) or due to force majeure.

5.5. Service disruptions

When any incident occurs on the bus or on its route that alters the normal operation of the line and, therefore, the reservations made during this alteration, the user shall be informed as soon as possible. They shall also be informed of the effects generated by these alterations in terms of the possible cancellation of the service, modification of the service or change in the operating model, so that the service will be transferred to a conventional line. 

TB shall not be liable for any damages or lost profits or lost earnings caused by these service disruptions.
 

This electronic contract is concluded under Spanish law and specifically under the legal regime imposed by, among others, Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce, which transposes Directive 2000/31/EC of the European Parliament and of the Council, of 8 June, on certain aspects of information society services, in particular electronic commerce in the internal market, and by Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Act for the Defence of Consumers and Users, and other complementary laws.

The entire contracting process shall be conducted in the language of the country in which TB provides the service, unless it is possible for the user and TB to agree to enter into the contract in another language.

The language of the contract shall be Catalan or Spanish. These terms and conditions may be saved and reproduced at any time by the user who purchases a service through the options of their internet browser and must be accepted at the time of registration in the application or in the event of an essential modification to them.

This BaD service is part of the integrated fare system regulated by the Autoritat del Transport Metropolità (ATM). 
For more information, please go to the ATM website.
 

If you have any queries or incidents, please contact TB customer service by email or telephone, as indicated below, during the business hours established for this purpose, or by using the form on the TMB website.

Customer service telephone number: 900 701 149.

NOTE: The telephone service schedule will be available and updated on the TMB corporate website.

 Website: 

• Complaints and claims. Suggestions.
• Questions.

TB will respond to complaints or queries received as quickly as possible, in line with the policies and commitments set out in its service charter.
 

TB is deeply committed to compliance with personal data protection regulations and guarantees full compliance with the obligations set forth, as well as the implementation of the security measures set forth in the European Data Protection Regulation and Spanish data protection regulations. For more information, see our Privacy Policy.

The provider may use cookies (small information files that the server sends to the computer of the person accessing the page) in the app to carry out certain functions that are considered essential for the proper functioning and display of the site. The cookies used are, in any case, of a temporary nature, with the sole purpose of making browsing more efficient, and they disappear at the end of the user's session. Under no circumstances shall cookies be used to collect personal information. For more information, see our Cookie Policy.

TB is the owner or, if applicable, has the corresponding licences for the exploitation rights of the intellectual property of the technological solution of the application, as well as of all the contents offered therein, including, but not limited to, the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the platform.

Under no circumstances shall it be understood that the access to, browsing and use of the application by the user or the use, acquisition or contracting of products or services offered through the application implies a waiver, transmission, licence or total or partial transfer of said rights by TB. The user has the right to use the contents or services of the application within a strictly domestic context and solely for the purpose of enjoying the services provided in accordance with this Legal Notice.
References to registered trademarks or trade names, or other distinctive signs, whether owned by TB or by third parties, imply a prohibition on their use without the consent of TB or their legitimate owners. At no time, unless expressly stated to the contrary, does access to, browsing or use of the application or its contents confer on the user any rights over the distinctive signs included therein. 

All intellectual and industrial property rights over the contents or services of the application are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the application, for public or commercial purposes, without the prior, express and written authorisation of TB or, where appropriate, of the holder of the corresponding rights.

Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the holders of the rights of the contents that the user finds in the application, as well as the technical protection devices, digital fingerprints or any protection mechanism or information incorporated into the contents offered in the application.

In the event that the user sends information of any kind to TB through any of the channels provided for this purpose, the user declares, guarantees and accepts that they have the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The user acknowledges that they assume liability and hold TB harmless for any communication they provide personally or that is provided on their behalf, and such liability extends without restriction to the accuracy, legality, originality and ownership of such communication.

If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of intellectual or industrial property rights, they must immediately notify TB via the e-mail address tmb@tmb.cat, so that the latter can proceed to take the appropriate measures.

Similarly, in the event that any user or third party considers that any of the contents of the application owned by TB violate their intellectual or industrial property rights, as well as any other rights, they should send a communication to tmb@tmb.cat with the following information:

• Identification data and means of contact of the claimant or their legal representative.
• Documentation proving their status as the owner of the allegedly infringed rights.
•  Detailed account of the rights allegedly infringed by TB, as well as their exact location within the application.
• Express statement by the claimant that the use of the content has been made without the consent of the owner of the allegedly infringed rights.

For any litigious matter related to the application, and provided that the legislation so permits, the Spanish legislation in force at the time of the litigation shall be applicable, and the courts and tribunals of Barcelona shall be competent to resolve all conflicts arising from or related to the use of this application, in the event that the parties are free to determine the jurisdiction that may be applicable to them.