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GENERAL ONLINE CONTRACTING TERMS AND CONDITIONS

 

1.- Preliminary information 

These general terms and conditions (hereinafter, the general terms of purchase), together, if applicable, with any specific terms that may be established, regulate the relationships between the company EMT VALENCIA SAU (hereinafter, EMT) and the users (hereinafter, Customers) who recharge their Bonobúss and/or EMT Jove monthly pass, using the on-line recharge option available via our website: www.emtvalencia.es.

 

The details of the entity responsible for the ONLINE RECHARGE service are as follows:

 

EMT VALENCIA S.A.U.

(NIF) Tax Identification Number: A-46318416

Plaza del Correo Viejo, 5.

Post Code: 46001 (Valencia)

www.emtvalencia.es

 

Registered with the Mercantile Registry of Valencia, on the sheet V-10607.

 

These general terms have been prepared in accordance with the provisions of Law 34/2002, of July 11, on information society and electronic commerce services, Law 7/1998, of April 17, on general contracting terms, Royal Decree 1906/1999, of 17 December, regulating telephonic and electronic contracting with general terms, in implementation of Article 5.3 of Law 7/1998, Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the Law 7/1996, of 15 January, on retail trade management, Royal Decree -Law 14/1999, of September 17, regulating electronic signatures, and all applicable provisions.

 

On-line recharging implies acceptance of these general terms of purchase and express acceptance and without reserves of all the general purchase terms published by EMT at the moment in which the Customer accesses the ONLINE RECHARGE service, and the terms relative to the use of the service.

 

Recharge requests may be processed in Spanish, Valencian and English.

 

In the event of the Customer’s acceptance of the contents of the general terms of purchase, “he/she will accept these general terms of purchase" by clicking on the corresponding button. To the contrary, the Customer may not proceed with the recharging process.

 

2.- Nature of the ONLINE ECHARGING service 

The ONLINE RECHARGING service is intended for end users, in the sense established in the aforementioned Royal Decree 1/2007 of November 16, and for use by the Customer or by persons on behalf of whom the Customer is legally authorized to act.

 

The Customer must be of legal age (or an emancipated minor) and have the legal capacity to contract and be bound by these general terms of purchase when contracting with EMT. Notwithstanding the above, the Customer accepts, expressly and without exception, sole responsibility for the access to and use of the ON-LINE RECHARGE service.

 

EMT reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the service module or modules enabling the ON-LINE RECHARGING, as well as to the temporarily or permanently suspend access to the same.

 

3. - ON-LINE RECHARGING operation 

 

3.1. - Initial Terms

- The Móbilis product to be recharged (card or watch) must be in perfect condition and be verified and authorised by the City of Valencia Móbilis system.

-In the case of BONOBUS passes, at least once recharge must have been effected at a physical POS and the magnetic stripe must be active, even when it has no more valid journeys. In the case of EMT Jove monthly passes, the client must be registered in the system and have acquired an initial monthly recharge in one of EMT Valencia’s Customer Service Offices.

- -In the case of anonymous products, such as the BONOBUS passes, the Móbilis system allows the recharging of up to 2 different products on each card, provided they are compatible (In the case of BONOBÚS, the other valid concepts are BonoMetro).While in the case of personalized cards, such as EMT Jove monthly passes, only the specific product in question can be charged.

- Now, to activate your recharge, you must pass your card through the validation machine (located behind the driving compartment), the only one that is currently accessible.

-In the case of BONOBÚS passes, the maximum number of journeys that can be charged to a card is 30, including those charged before the purchase. If, once the BonoBús recharge has been completed, the number of journeys exceeds 30, the card cannot be recharged further until the total number of journeys is inferior to the maximum limit. The Customer may make up to 2 EMT Jove recharges with the same card. If the card already has an active recharge, only one further additional recharge will be permitted.

- For journeys acquired for BONOBUS passes, the recharge will remain in the system of 7 days, whilst this period will last 15 days in the case of EMT Jove pass monthly recharges. During this period, the Móbilis card is automatically updated (in blocks of 10 journeys for BONOBUS passes, when the conditions governing the maximum amount of journeys are met, and for 30-day periods in the case of EMT Jove passes).

- If, following the conclusion of the active period, the Customer has not validated the recharge by means of the corresponding validator, he/she must visit the EMT Customer Service Offices with the validated Móbilis card and proof of the recharge (in accordance with the provisions of Condition 3.5), and recharge the card manually. The period during which the customer may claim the recharge of the purchased journeys that have not been validated during the indicated period ends when the corresponding tariffs are changed.

- Once the recharge has been confirmed, the recharged journeys will not be updated in the system, and consequently the Customer’s card cannot be updated upon validation, until at least 30 minutes after the confirmation of the operation, except in cases of force majeure.

- In the event of problems, doubts or incidents, the Customer may contact any EMT Customer Service Office by telephone, by visiting in person, or by means of the forms available in our website www.emtvalencia.es.

 

3.2. - Procedures to be followed for recharging

EMT informs that the procedures to be followed for the purchase of transport tickets are as described in these general terms of purchase, as well as those indicated during the recharging process.

 

3.3. - Process and prices

The object of the EMT BONOBÚS ONLINE RECHARGING service is the sale of BONOBÚS journeys (blocks of 10 journeys, up to a maximum of 30 journeys) via the Internet.

 

The object of the EMT Jove monthly pass ONLINE RECHARGING services is the sale via the Internet of 30 days of unlimited validations, as of the first validation on Valencia EMT buses (up to a maximum balance of two recharges)

 

After a period of 30 minutes, the on-line purchase generates a recharge which, except in cases of force majeure, will be updated in the Customer’s Móbilis card when the card is inserted into the validator located at the front of the bus (the validator located nearest to the bus windscreen). If, following the conclusion of the active period, the Customer has not validated the recharge by means of the corresponding validator, he/she must visit the EMT Customer Service Offices with the Móbilis card and proof of the recharge (in accordance with the provisions of Condition 3.5), and recharge the card manually.

 

Recharges effected via the ON-LINE RECHARGE service have the same characteristics, rights and obligations as those acquired through the usual outlets.

 

EMT informs users that all prices published in the ON-LINE RECHARGE module are shown in Euros and include all applicable taxes and compulsory travel insurance.

 

EMT reserves the right to unilaterally modify, at any time and without prior notice, the prices of its transport products, as well as to the temporarily or permanently suspend or cancel the sale of the same.

 

3.4. - Personal data requirements and purchase process

In accordance with the established purchase process, the Customer must identify him/herself by entering their personal data necessary for the completion of the purchase. The Customer must then select the number of journeys required. The process is completed when the Customers enters his/her credit or debit card information, together with the corresponding security codes.

 

3.5. - Purchase confirmation documents

After completing the purchase process, the purchase is confirmed by means of an on-screen message or, when applicable, a copy of the corresponding invoice (in the event of the Customer having previously requested an invoice by checking the appropriate box), reflecting the number of journeys or the product acquired, the corresponding price and all the required legal data, and which the Customer may save or print.

An email will be sent automatically as a confirmation of the purchase to the address indicated by the Customer. In the event of having checked the invoice option box, the invoice will be attached to this email.

EMT recommends printing or saving the receipt or copy of the invoice in order to facilitate procedures in the event of incompatibilities, breaches of the conditions detailed in paragraph 3.1. hereof, or the occurrence of incidents during the recharging process on a bus.

 

3.6. - Location of the contract 

The purchase is understood as effected at EMT’s registered offices.

 

4. - Renunciation 

 

Once the recharge (purchase via the online module) has been completed, the Customer may not renounce the contract.

If the Customer does not valid the recharge within the active period as of the purchase, he/she must visit the EMT Customer Service Offices, where the company’s staff will effect the recharge, following the corresponding verification. The period during which the Customer may visit the EMT Customer Service Office and effect the recharge terminates upon a change in the tariffs. Following the conclusion of this period, the Customer will lose the purchased recharge without possibility of receiving a refund or the recharging of the journeys by EMT.

 

5. - Invoicing and payment methods 

Payment may be made by credit or debit card.

 

To pay for the recharge operation, the Customer must follow each of the instructions that appear on the screen, providing the following card information: a) type b) number c) expiry date, and d) validation codes. EMT guarantees the Customer the total security of the operations the through the employment of the latest technological standards relative to safety protocols and services available at the date of the commissioning of the ON-LINE RECHARGE module.

 

For maximum security, the Customer’s bank details will not be recorded in any software application owned by EMT and will only be used for to effect payment to the bank and for subsequent control or incidents.

 

The purchase information will be saved for a period of not less than five years. The Customer is entitled to be informed, upon request, about the details of his/her purchases.

 

6. - Force Majeure 

Force majeure is understood, by way of example and not limited to:

 

  1. Any event impossible to foresee, or any foreseen or foreseeable event that is unavoidable,
  2. errors in the access to EMT’s online services,
  3. power or telephone outages,
  4. damage caused by third parties or attacks to the portal server (viruses) that affect the quality of the services and which are not attributable to EMT or the Customer,
  5. errors in the transmission, distribution, storage or delivery of third parties of the products and the content of the website,
  6. problems or errors in reception or obtaining of or access to information by the above-mentioned third parties,
  7. fires,
  8. floods or earthquakes,
  9. strikes or labour disputes or other social disorders that prevent the supply of the products and, therefore, compliance with the obligations accepted by EMT,
  10. the scarcity or unavailability of fuel or electricity,
  11. accidents,
  12. war,
  13. trade or other embargoes,
  14. blockades,
  15. riots, or
  16. any government regulation. Administrative or management errors will not be considered cases of force majeure.

 

7. - Data protection 

 

In relation to the processing of personal data, EMT has defined a privacy policy which it follows at all times, and which is available via the following link: Privacy policy.

The data requested at the time of payment in relation to the identification of the card used for payment and its corresponding verification information are captured and managed directly by "La Caixa", the bank to through which the payment operation is effected, and occasionally by the issuer of the card, in order to carry out economic transactions. These finance entities guarantee the confidentiality of such data. At no time does EMT have access to these data, and consequently neither manages nor stores the same. EMT does not communicate any personal data that the Customer has indicated in the purchase form to the mentioned entities.

 

8. - Documentary confirmation of the subscribed contract

Upon completion of the purchase, EMT will send the Customer, via email, the corresponding proof of the contract established, together will all the applicable terms. These actions will be carried out within the shortest time possible, and always within 24 hours as of the completion of the purchase process.

 

The above-mentioned notification will include the nominative document evidencing the tickets purchased.

 

9. - Loss or theft

 

The loss or theft of the ticket is the sole responsibility of the Customer, and EMT will be exonerated of any responsibility in the event of related claims.

 

 

10. - Governing law and jurisdiction

These general terms of purchase shall be construed and governed in accordance with Spanish legislation.

 

For any disputes arising from the existence, access to or use or contents of these general terms of purchase, both the Customer and EMT expressly waive their right to any other jurisdiction that may apply and subject themselves to the exclusive jurisdiction of the courts of Valencia.

 

The acceptance of these general terms of purchase by the Customer is a mandatory prerequisite. The Customer, under his/her own responsibility declares to have read and accepted these general terms of purchase.

 

EMT VALENCIA, JULY 2013

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