01Purpose
These General Conditions of Use regulate the use of the Shotl application (hereinafter the "application"), which is the property of Shotl Transportation, S.L., a Spanish company whose NIF is B66974718, and whose registered address in Sant Cugat del Vallès (Barcelona, Spain) is Calle Jesús Serra Santamans 2, pl 0, 08174 (hereinafter "Shotl").
By accessing and using this application, you acknowledge that you have read and have accepted these General Conditions of Use and that you agree to comply with all of the terms and conditions thereof, which establish a contractual relationship between you and Shotl.
Shotl reserves the right to modify these General Conditions of Use at any time, as well as any other general or specific conditions that may apply. Any changes made will not affect services provided prior to the approval of such modifications, which shall be governed by the General Conditions in force at the time such services are rendered. The user shall be deemed to have given consent to changes in the Conditions of Use by accessing our application after such changes have occurred.
The user is responsible for being aware of the General Conditions of Use in force upon initiating a Purchase Process. In addition, Shotl reserves the right to suspend, halt, or cease operating the application at any time.
The electronic document used to formalize the contract that regulates the commercial relationship between Shotl and each of its users shall be filed by Shotl and may be consulted through our application following authentication with the username and password, or by whatever other means may be established in each case. A paper copy may also be requested from the Customer Service department (support@shotl.com) as provided for in these General Conditions of Use.
02User registration
In order to facilitate the electronic purchase of the services offered through the Shotl application, and to avoid having to ask customers for the same data every time they make a purchase, it is necessary for you to register as a user of the application.
A user shall be understood to be any person who enters the application in order to create such an account and request the services offered (hereinafter the "user"). At the end of the registration process, you will receive a notice confirming that the process has finished successfully. The registration of a user can be done at any time, but only once; it is free of charge and not subject to any conditions or compensation.
The user may access the registered user section with his or her user name and password or any other means made available by Shotl to authenticate users. In his or her profile, the user may find relevant information, such as that relating to prior services rendered.
The user may contract the services offered through the application if he or she is of legal age. In any case, the parents and/or legal guardians of minors must ensure compliance with this provision, as they are responsible for the actions of minor children.
In order to unsubscribe, the user must send an e-mail to support@shotl.com. Unsubscribing as a user will lead to the cancellation of that person's personal data and the inability to make online reservations and purchases in the future, until the user re-registers.
03Operation of the application
3.1. Purpose of the service — Through the use of the application, Shotl provides the user with access to offers of transport services on urban routes in real time, offered by the Shotl application. Shotl only offers the ability to contract transportation services in real time, and does not allow the user to make reservations for services ahead of time.
The user makes use of the application to indicate the starting point and destination of the trip, as well as the number of persons who will travel with him or her. The trip's starting point and destination must be within one of the geographic areas in which Shotl is in operation at the time the service is requested, which will be reported to the user through the application, and both must lie within the same geographic area.
Shotl will propose to the user a pick-up and a drop-off point, which will not necessarily match the preferences stated by the user — the most common case being a proposal of locations close to those preferred by the user and that fit with the service. Estimated pick-up and drop-off times will also be stated, and the rate to be charged for the trip may also be stated (hereinafter the "proposal").
3.2. Effective period of the proposal — The proposal will indicate to the user the time that he or she has to accept or reject (at no cost) the proposal. The proposal does not include any commitment with respect to the service used, nor will it show the route that the vehicle will take to convey the user from the pick-up point to the drop-off point. If the effective period of the proposal should expire before the user responds, he or she will be deemed to have rejected it and the conditions of the proposal will no longer be valid.
3.3. Route modification — Shotl has no obligation to state the route that the vehicle will follow to take clients from the pick-up point to the drop-off point, since the route is subject to modification throughout the trip. Once the service has been contracted upon acceptance of the proposal by the user, the latter may not at any time modify the route or the agreed pick-up and drop-off points.
Once the user has been picked up ("pick-up made"), the latter may not ask the carrier to change the itinerary. Nevertheless, the user may demand to be let off the vehicle at any time by communicating this wish to the carrier, but in such case shall have no right to the full or partial return of the previously agreed service fee. In any case, the carrier will allow the user to get off the vehicle as soon as possible, while also respecting traffic regulations.
04User's obligations
4.1. User behavior — If the user accepts the proposal, he or she agrees to be at the pick-up point at the time specified in the proposal. The user is responsible for visually identifying the vehicle that will pick him or her up.
Once inside the vehicle, the user may not distract the driver in any manner whatsoever while the vehicle is in motion. Throughout the trip, the user agrees to observe proper conduct and to avoid any action that could be annoying to other passengers. Such conduct shall constitute a breach on the part of the user of the obligations assumed by virtue of this contract, and the carrier shall be authorized to oblige the user to leave the vehicle.
If the user is not present at the pick-up point at the specified time, the carrier shall have no obligation to provide the agreed service.
4.2. Prohibited uses — The user shall be solely responsible for any illegal or unauthorized access or use of the application for financial or other reasons. Prohibited uses include, but are not limited to, the following:
- Disclosing, publishing, distributing, or sharing images or photographs that include the images or personal information of third parties without having obtained the required consent of their owners.
- Making use of the application and/or any of the services of Shotl illegally or in any other manner that might undermine the image of Shotl, damage, overload, or harm the application, and/or endanger the physical safety or well-being of third parties.
- Creating a false identity, providing and/or using false data in the user account, making false representations, providing false information about you and/or about other people and your relationship with them.
- 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.
05Liability and breach
5.1. False information — The purchaser is solely responsible for the source, ownership, completeness, content, truthfulness, and correctness of the information and/or documentation provided through the Shotl application. Likewise, Shotl shall not be responsible for the falsity of the information relating to the carrier's permits, as it acts merely as an intermediary in the provision of the service.
5.2. Service cancellation and discontinuation policy — The user may cancel the proposal before he or she is actually picked up, but in such case shall have no right to full or partial reimbursement for the service contracted. If the user cancels proposals that have already been accepted, fails to appear at the pick-up point at the agreed time, or fails to meet any other obligation, Shotl reserves the right to block his or her access to the system, and may cancel the user's subscription to the service.
5.3. Limit of intermediary liability — Shotl shall not be responsible for a failure to meet, in full or in part, the obligations arising from these General Conditions and/or the contracting of services by the user arising from a lack of compliance by third-party carriers or due to delays in the performance of such service due to force majeure.
As stated in Clause 5.1, Shotl acts solely as an intermediary for the provision of transport services to the user by third-party carriers. For this reason, it makes available to the user only those tools necessary to actually reserve the trips that will be made with the aforementioned third-party carriers. The user, therefore, shall exempt Shotl of any liability that might arise from the transport services rendered by the third-party carriers.
Shotl will always use approved means and will act in accordance with the law with respect to banking security. Notwithstanding the foregoing, Shotl shall not be responsible for the security of data entered into third-party payment platforms, nor for whatever processing they may be subject to by the owners thereof during the process of paying for the service. In addition, Shotl shall not be responsible for any damages, loss of revenues or loss of earnings that any third party may experience as a result of the use of his or her banking data without consent by any purchaser who acquires the services through the Shotl application.
In any case, Shotl's liability shall be limited to the fees received for the provision of the intermediation services between the user and the carrier.
5.4. Force majeure — Shotl does not undertake strict compliance with the pick-up and drop-off times stated in the proposal, as such compliance may be prevented by external causes (unforeseeable changes in city traffic, strikes, traffic accidents, etc.) or due to force majeure, as established in Article 1105 of the Spanish Civil Code.
06Applicable legislation
This electronic contract is entered into under Spanish legislation and specifically under the legal framework of the following provisions, among others:
- Law 34/2002 on Information Company and Electronic Commerce Services (hereinafter "LSSICE").
- Law 25/2009, which amends several laws in order to adapt them to the Law on free access to, and exercise of, service activities (hereinafter the "Omnibus Law").
07Purchase process
Once the user account has been created, notice is given that, in compliance with the requirements of Art. 27 of Law 34/2002 on Information Company and Electronic Commerce Services, the Purchase Process will consist of the following steps:
- Prerequisites — before beginning the purchase process, you must be registered as a user, must have identified yourself as such in the application and must have provided valid payment data through the application.
- Choice of services — browse our application and specify the pick-up area, the arrival area, and the number of passengers. Press the "Bajar en" button to confirm the preferences chosen and to request a proposal.
- Delivery of the proposal by Shotl — once the user has indicated his or her preferences as explained in sections 3.1 and 3.2, Shotl will proceed to send a proposal with a time limit so that the user may decide whether to accept it or reject it.
- Verification of service contract data — prior to confirming the contracting of the service by accepting the proposal, you may verify the data for the services contracted and correct any mistakes due to a data entry error. In addition, the last four digits of the card recorded in the application will be provided in order to confirm the user's payment data. In case of a data entry error, the proposal must be rejected and the user must return to the service selection process and reinitiate the purchase process.
- Purchase process confirmation — once your data have been verified, confirm the contracting of the service (acceptance of the proposal) by pressing the "Contratar servicio" button. The user assumes the obligations of all of the users of the service. Once all the necessary data have been provided and that button has been pressed, the contract will be complete for all intents and purposes.
- Purchase confirmation — once Shotl receives your acceptance, and observing in all cases a maximum period of twenty-four (24) hours from the receipt of the legally established purchase order, Shotl will issue a confirmation of the purchase to the user, who may query the detailed acceptance record at any time in his or her profile in the application.
08Service price and expenses
All final prices are stated in Euros and include VAT. The banking data entered by the user in the payment platforms will be used to withhold the final amount charged for the service. The offers are properly marked and identified and suitably indicate the final price of the service.
Shotl acts only as an intermediary, and therefore the user's payment shall be made to the provider that renders the service, that is, to the third-party carrier.
The fees and taxes will be shown in detail at the end of the purchase process. Prior to accepting the price with the "Contratar" option, you can learn the final, full price of your trip, with the price of the increments, discounts applied, and additional services broken out, if applicable.
Shotl reserves the right, at any time and without prior notice, to make any changes to the application that it may deem appropriate, including updating the price scales daily.
Throughout the entire purchase process, the user can consult these General Purchase Conditions as well as learn the final price of the service selected. Once the contracting of the service has been confirmed, the user may not modify or cancel the order, except in those cases provided for by law in these General Purchase Conditions.
09Payment
9.1. Payment methods — users may use any of the following means to pay the price of the services purchased: debit or credit cards issued by Spanish financial institutions (Visa, Visa Electron, MasterCard, American Express) and PayPal.
Payment for the trip takes place in real time through the virtual POS once the correctness of the data provided has been verified. Payment for the service may be made only through the application, as there is no option to effect payment by means of a physical transaction between the client and the carrier.
The Shotl application will connect automatically to the third-party payment platforms, indicating the data previously entered by the user and confirmed during the purchase process; if the user wishes to change his or her payment data, he or she may do so using the application's menu.
10Invoice
Shotl will send documentation of the purchase by e-mail, to the address provided by the user when registering in the application.
11Customer support
For any query or incident, you may contact Shotl's customer service department by e-mail at support@shotl.com.
12Personal data protection
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation, "GDPR") and Spanish Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, Shotl hereby informs you that the personal data collected during the on-line purchase process will be included in a file owned by Shotl for the purpose of rendering the services purchased, as well as for promotional purposes.
In order to reserve trips on line, the user shall, voluntarily and at his or her own risk, provide personal data that must be true and precise. The user who formalizes the on-line purchase process states that he or she is the owner of the information provided or, lacking such ownership, that he or she is authorized by the person in whose name the process is carried out.
Once the record has been formalized, Shotl guarantees that it will treat in a fully secure and confidential manner the personal data obtained through the form in question, as well as all data corresponding to the payment method used, in compliance with the GDPR and Organic Law 3/2018 governing the protection of data.
In addition, by signing this document you expressly authorize Shotl to transfer your personal data to the transportation carriers in order to render the contracted services. The user may exercise his or her rights of access, rectification, erasure, restriction of processing, data portability and objection by sending an e-mail to support@shotl.com.
All data supplied by the user in the App will be processed under the provisions of the Privacy Policy that every user must expressly accept in order to use the Shotl app.
13Communications
For the purposes of these General Conditions and for any other communication that may be necessary between Shotl and the user, such communications must be carried out by sending an e-mail to support@shotl.com.
Communications from Shotl to the user shall be carried out in accordance with the data provided by the latter in the application.
14Nullity or possibility of rescission
If any of the clauses in these General Purchase Conditions and/or the contract should be found to be null, subject to rescission, illegal or illicit, in such a case, and applying the broadest interpretation permitted by law, (a) such finding shall not invalidate the remainder of the contract, which shall remain in full force and effect, and (b) the null or rescindable clause or clauses must be replaced or modified in preference to being declared null and void.
15Applicable law and forum
These General Conditions shall be governed and interpreted in accordance with Spanish legislation, in all matters that are not expressly set out herein. The parties expressly waive any other forum to which they might be entitled and submit, except in those cases prohibited by law, to the jurisdiction and competence of the Courts and Tribunals of the city of Barcelona (Spain) for the resolution of any issue that may arise with respect to the same.
The language of the contract is Spanish. These General Conditions may be saved and reproduced at any time by the user who purchases a service through the options available on his or her Internet browser and must be accepted before proceeding with payment for services.
16Intellectual and industrial property
Shotl is the holder of all industrial and intellectual property rights relating to the content of the Shotl application.
By means of these Conditions, Shotl, as the owner of the application, prohibits any form of reproduction, distribution, public communication and, in general, any act of exploitation of all or part of the content (images, text, designs, indexes, forms, videos, etc.) that comprise the application, as well as the software databases necessary for the display and operation thereof, without the prior express written authorization of Shotl.
In addition, the user may not, under any circumstances, exploit or use for commercial purposes, either directly or indirectly, in full or in part, any of the content that comprises the Shotl application without the written authorization of Shotl. If the user infringes this license, Shotl will cancel his or her user record, without prejudice to any other claim that it may exercise as a result of damages incurred.
The reproduction in full or in part of Shotl's content and of its offers and promotions, without the express written consent of Shotl, is strictly prohibited. The unauthorized use of such content shall give rise to the legally established liabilities.
Shotl shall not be responsible for infractions made by the users of its mobile application that affect third parties. Provided that all existing security measures have been adopted, and in accordance with its technical capabilities, Shotl shall not be responsible for possible attacks by so-called "hackers" or third parties that specialize in breaching the security or integrity of information systems.