General Terms and Conditions
Date: 05.04.2018
These general conditions of use (hereafter "GCU") and reservation (hereafter "GCR") (taken as a whole hereafter "Terms and Conditions") are applicable to the contractual relations between the company Utopian Future Technologies SA, whose registered office is at 59 Boulevard Royal, L-2449 Luxembourg, registered with the Luxembourg Trade and Companies Register under the number B208502 (hereafter "UFT" or "we"), and the user (hereafter "User" or "you").
Under the Kussbus brand as a whole, UFT offers the User (i) the use of the Kussbus smartphone application (hereafter "Application") and (ii) the online reservation of shuttle rides of which the transport of the User is performed by a partner carrier (hereafter "Carrier").
More generally, the shuttle transport service provided by the Carrier is marketed under the Kussbus brand (hereafter referred to as "Kussbus Service").
UFT acts as an intermediary between the Carrier and the User by allowing the booking of rides through the Application.Therefore, the contract concerning the transport is concluded between the User and the Carrier. The general conditions of the Carrier are brought to the knowledge of the User and must be accepted before the validation of the reservation of a ride through the Application. The Carrier is an independent commercial entity, distinct from UFT, over which we have no control, which the User acknowledges and understands expressly by accepting these General Conditions.
The booking of shuttle rides and the use of the Application are provided by UFT under the conditions described below.
We invite you to read these General Conditions carefully, to print them and / or to save them on a durable medium, before proceeding to the validation of your reservation.
TERMS OF USE OF THE APPLICATION
Article 1 -Application and opposability of the GCU
The purpose of these GCU is to define the conditions of access to UFT Applications by the User.
By using our Application, you expressly and unreservedly accept all of our Terms and Conditions.
These GCU are accessible at the bottom of the website kussbus.lu (hereafter "Kussbus Site") and through the Application. The validation click of the User implies the full and unreserved acceptance of the User to these GCU.
If you have any questions about the operation of the Application or these GCU, please contact us before making a reservation.
UFT reserves the right to modify the GCU at any time by publishing a new version of them on the Kussbus Site. These modifications will come into effect as soon as they are posted on the Kussbus Site and will therefore be binding on the User from this moment.
It is specified that, in the relations between UFT and the User, the GCU govern their entire contractual relationship and apply to the exclusion of any other agreement.
Article 2 - Terms of use of the Application
By using the Application, you firmly and responsibly certify that you have full capacity to contract with UFT.
You declare that you are at least 18 years of age and have legal capacity or parental authorization to use the Application.
Any violation of this article by the User incurs his personal and exclusive liability.
Article 3 - Operation of the Application
The Application allows the User to book a ride as part of the Kussbus Service.
The creation of a user account in the Application is a prerequisite for the use of the Application. It involves completing the registration form, available in the Application, providing information that is fair, clear, accurate, up-to-date and updated regularly thereafter. It is mandatory that the User provides his last name, first name, e-mail address and mobile number and must create a password.
The User can change his password at any given time from his account in the Application.
After choosing a password that allows you to access the Application, you are responsible for maintaining the confidentiality of this password. We will not be liable for unauthorized transactions that are made using your name and password unless it is shown that such password disclosure is the result of our negligence, or of a third party for which we would be personally liable.
The User undertakes to inform UFT without delay of any modification of the information provided during the registration and in particular any change of email address or means of payment. The User may modify this information from his account in the Application.
The User must immediately inform UFT of any loss or unauthorized use of his account, his username and password. The passwords and identifiers are personal and the User agrees not to disclose them. As such, the User is solely responsible for their use.
The User is solely responsible for the consequences of the use of his account, and this until the deactivation thereof and, consequently, the User releases UFT and its partners, co-contractors or assigns from any liability to this account. unless the User can demonstrate that the use of his identifiers and / or his account results from fraud attributable to a third party.
The User declares and guarantees that he / she accesses the Application for strictly personal and lawful use.
Article 4 - Access and Availability of the Application
UFT puts at your disposal the application which you can download for free for your smartphone in application stores. Your smartphone must have access to a telecommunications network allowing access to the Internet (3G connection, 4G, Edge, wifi etc.). The User remains in any case responsible for its equipment and its connection to the Internet, the costs of which are at its own expense.
UFT makes its best efforts to make the Application accessible at all times, subject to maintenance operations or the servers on which it is hosted.
The User is warned of the technical risks inherent to the Internet and the access interruptions that may result. Consequently, UFT can not be held responsible for any unavailability or slowdown of the Application.
The User is informed that the UFT servers are hosted by AWS (Amazon Web Services). Access to the Application may be occasionally suspended due to maintenance operations necessary for its proper operation. In case of interruption for maintenance, UFT can not be held responsible for the possible impact of this unavailability on the activities of the User.
Otherwise, the User is informed that UFT can deny him access to all or part of the Application.
Article 5 - Personal data
The User is informed that the creation of a user account in the Application gives rise, for UFT, to the collection and automated processing of information and personal data concerning him.
Each time we access the Application, we save the user's connection data, such as the type or version of the equipment used, the operating system used, the geographical location of the connection, etc. We also record any requests, such as the departure and arrival point of the ride, schedules, etc. If the user has consented to use his geographical location in the Application, his location will be recorded.
The information and data collected about the User are subject to computer processing and are mandatory as necessary for the operation of the Application. For this purpose, they may be transmitted to the companies responsible for the management, execution and processing of payment transactions. This data is processed and stored at AWS (Amazon Web Services).
UFT undertakes to ensure the confidentiality of personal data. We may use your information for analytical and statistical purposes, to manage, support, improve and expand our business and services, as well as to get your point of view on the service.
The User is informed that his surname and first name can be transmitted to the Carrier.
You may receive the newsletter ("Newsletter") from UFT at your e-mail address as entered and, if necessary, modified by yourself. If you no longer wish to receive this newsletter, you can unsubscribe at any time by clicking on the link provided for this purpose at the bottom of each letter.
The User is informed that his personal data may be disclosed pursuant to a law, a regulation or by virtue of a decision of a competent regulatory or judicial authority or, if necessary for UFT in the context of a legal proceeding.
If our business is to be merged or sold, to jointly acquire or operate its existing client base with another legal or commercial entity, your information may be disclosed or transferred to our new business partners, new owners, or their advisors.
Article 6 - Intellectual property rights
The Application, as well as the software, structures of databases, texts, information, analyzes, images, photographs, graphics, logos, sounds or any other data remain the exclusive property of UFT or, where applicable, of their respective owners from which UFT has obtained the operating licenses.
Any other use of the Application, including commercial use, by the User is prohibited without prior agreement of UFT.
The User is prohibited in particular, for a use other than private, to reproduce and / or represent, download, sell, distribute, transmit, translate, adapt, exploit, distribute and communicate fully or partially under in any form, whether commercial or not, any work of the original or given spirit contained in the Application.
The User is also prohibited from introducing data on the Application that would modify or that could modify the content or the appearance of the data, the presentation or the organization thereof, in whatever way it is.
The use of automatic or manual data extraction systems or any other means to access, explore or index the Kussbus Application is prohibited. UFT reserves the right to take action against any violation of these provisions. Any violations of the security of our systems and networks, including attempts to control, scan or test the vulnerability of our systems or networks or attempts to violate security or authentication measures without the express prior permission of UFT will be pursued.
Article 7 - Limitation of liability
UFT undertakes to constantly update the content of the Application and to make its best efforts to provide the User with accurate, clear, precise and updated information. UFT can not, however, guarantee that they are accurate or complete.
The Application is in theory always accessible, except during the technical maintenance and updating of the content. UFT can not be held liable for damages resulting from the unavailability of the Application or parts of it.
UFT can in no way be held responsible for any damage that may occur on the User's computer system and / or loss of data resulting from the use of the Application by the User.
UFT can not be held responsible for non-functioning, impossibility of access or malfunctions of the Application attributable to non-adapted equipment, malfunctions of the services of the service provider of the User and those of the network Internet.
The User declares to be informed of the constraints and limits of the internet networks.
Article 8 - Assistance and complaint
For any assistance and / or complaint, the User can reach us by email [email protected] or by post Utopian Future Technologies S.A. 59 Boulevard Royal, L-2449 Luxembourg. An answer to the request of the User will be sent to him within 60 days.
Article 9 - Right to retract
The User may stop this contract at any time by deleting his User account in the Application.
UFT reserves the right to restrict, suspend or cancel, without notice or refund, the account of any User who misuses his services. The assessment of the User's behavior is reserved at the sole discretion of UFT.
Article 10 - Jurisdiction
These General Conditions and more generally the contract that you conclude with UFT, in particular as regards its validity, its interpretation and its execution, are subject to Luxembourg law. Any dispute relating to their interpretation, performance and / or validity is the sole responsibility of the Luxembourg courts.
Article 11 - Final clauses
The present Terms and Conditions contain the entire agreement between UFT and the User relating to their subject, and replace all previous agreements between UFT and the User relating to this object.
In the event that one of the clauses of these GCU is declared, partially or entirely, null or void, it will be deemed unwritten, without this affecting the validity of the other clauses, unless the clause declared null or void, was essential and decisive.
In case of interpretation problem, only the French version of these GCU is valid.
GENERAL CONDITIONS OF RESERVATION
The following GCR must be read in addition to the above GCU. The clauses of the above GCRs are applicable to a shuttle bus reservation as part of the Kussbus transport service. Both, the GCU and the GCR form all the General Conditions. The User is reminded that by using our Application, you expressly and unreservedly accept all of our Terms and Conditions.
Article 1 – Availability of the Kussbus service
UFT currently offers a shuttle service in selected service areas (hereinafter "Sector"). The Sectors are accessible through the Application.
If you wish to access the Kussbus Service outside these Areas, a message will appear on the screen indicating that finalizing your reservation is not possible. You may then agree to receive a newsletter at your email address as soon as the Kussbus Service is available in the desired Sector.
The Kussbus Service is available from Monday to Friday, excluding public holidays in Luxembourg. The service hours are from 07:00 to 09:00 am and from 04:00 to 08:00 pm.
UFT reserves the right to change the days and hours of service at any time and to offer different days and hours of service depending on the Sector.
The journeys proposed in the Application are subject to availability.
Article 2 – Reservation of the service Kussbus
The booking of a ride through the Application includes the steps described below and will only be effective after full payment of your reservation.
Through the Application, the User makes a query on the search engine in which he chooses (i) the journey with a starting point and an arrival point and (ii) the dates and times to go and / or return.
Following this request, the Application displays one or more offers. The place of departure and the place of arrival as well as the schedules are posted by clicking on the details. The User is informed that the place of departure and arrival and the schedules of the shuttle can be changed at any time after the finalization of the reservation. After clicking on the ride(s) of your choice, you must choose your payment method.
The User is directed to the secure payment tool and invited to choose his method of payment, then to validate the payment.
The payment of your bookings is made by credit card. The accepted payment methods are: VISA, MASTERCARD, MAESTRO and the payment cards issued in France by the Carte Bleue networks.
If the payment shows some irregularities, is incomplete or not due to any reason attributable to you, the booking will be canceled immediately and the resulting costs will be yours.
The reservation will be final only after confirmation of the payment.
After payment of your reservation, you can always have access to this reservation through the Application.
Article 3 – Prices and terms of payment
Travel prices are displayed in euros and include all taxes, fees and service charges.
The prices can be adapted at any time, but tariff changes do not apply to bookings in progress for which the User has finalized his reservation, unless there is a clear error on the price.
Payment is made directly to UFT.
Under no circumstances will you receive a payment request directly from the Carrier.
UFT also reserves the right to cancel any reservation from a user with whom there is a dispute over the payment of a previous reservation.
Article 4 – Advertising campaigns, coupons and discount codes
Discount coupons provided for advertising, promotional, or for contest purposes, and discount codes are not cumulative with other UFT discount campaigns.
Specific terms and conditions specified on a case-by-case basis may be applicable to these coupons. UFT reserves the right to cancel any reservation that is suspected of misusing promotional codes.
Coupons can not be exchanged for cash.
Article 5 - Time and place of departure and arrival of the shuttle
For each booking, the exact times and places of departure and arrival are indicated in the application.
The User is held responsible for regularly informing himself in the application about any changes to the place of departure and arrival as well as the times of the reserved shuttle.
It is expressly agreed that the times and place of departure and arrival, indicated on the booking, may be changed at any time.
It is recommended that the user arrives at the departure point a few minutes before the departure time indicated in the application.
If the User is not present at the place of departure at the scheduled time, as stated in the booking, UFT and the bus operator cannot guarantee the transport.
Article 6 – Validity check of your booking by the driver
Reservations are nominative.
The name of the user is compared to the list of reservations that the driver helds in his shuttle.
When the User is not in possession of a valid reservation or if the user has indicated false information, concerning his person, the transport of the user may be refused.
The user shall be able to show a piece of identification while boarding the shuttle.
Article 7 - Modification or cancellation of the reservation
Bookings are nominative and only valid for reserved trips.
The user has only the right to modify the departure time of his reservation. This modification must be made before departure as marked on the booking.
Changing a standard fare booking is only possible, if all of the following conditions are met:
(i) There are still places available for the new chosen ride in the new chosen shuttle.
(ii) If the price of the new reservation is higher than the price of the one you wish to exchange, you will be required to pay the difference in addition to any applicable fees.
(iii) If the price of the new reservation is less than the price of the one you wish to redeem, you will pay the lower price.
Changing a standard rate booking is free.
Bookings at the promo rate are modifiable under the same conditions than a standard fare booking.
The cancellation of a reservation is not possible.
Article 8 - Limitation of Liability
UFT, acting as a mere intermediary, is not responsible for the transport of the User and can never be a Carrier of the user. UFT remains third party to the relationship between the User and the Carrier.
The User is informed and agrees that, due to the very nature of the service, the departure and arrival point of the shuttle, as well as the timetable, may be modified after finalizing the reservation. All information on the place of departure and arrival of the shuttle, as well as the times of the reservation, is accessible through the application.
The User is held responsible for regularly informing himself in the application about any changes to the place of departure and arrival as well as the times of the reserved shuttle.
UFT can not, however, in any way be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the User or to the unpredictable and insurmountable fact of a third party who is not a party to the contract, or to a case of force majeure notably including the following events: strike, governmental disposition, natural disaster, flood, deluge, heavy snowfall, explosion, fire, popular movement, impossibility to use public or private means of telecommunication.
More generally, if the liability of UFT was engaged, it could in no way agree to compensate the User for indirect damages or whose existence and / or quantum would not be established by evidence.