Index

Terms and Conditions of Access and Use

Valid from: 07/02/2022
Last modification:
30/05/2023

Índice

  1. Subject Matter

This document, together with all the documents mentioned in it, such as, inter alia, the Web Privacy Policy,  App Privacy Policy and the Cookie Policy (all of them jointly, the ‘Conditions’) establish the terms and conditions of access, use and contract for any product and/or service over either version of the dōcō platform - website and/or mobile application (hereinafter, the ‘Platform’) - belonging to Entidad Pública Empresarial Renfe-Operadora (hereinafter, the ‘Company’).

Accessing and/or using the Platform implies your express acceptance of the Conditions; you must, therefore, read them beforehand and, if you are not in agreement with them, you must not access and use the Platform and the services available over it.

The Company may modify the Conditions at any time and without prior warning, in order to adapt them to the current legislation applicable at any given time, to changes resulting from case law and to the customary market practices. Accessing and/or using the Platform implies your express acceptance of the Conditions, in the version published on the Platform. Any changes made will not be retroactive in nature.

Over the Platform, you may access third-party content and services, by means of a point-to-point travel system, covering every stage of the planning and administration of a journey, from the starting point to the destination, namely Search, planning, purchase, monitoring, cancellation and invoicing, as well as accessing and making use of the Services in the terms set out in sections 3-11.

  1. Details of the Platform Owner

  • Company name: ENTIDAD PÚBLICA EMPRESARIAL RENFE-OPERADORA

  • NIF (tax ID number): Q-2801659J

  • Registered office: Avda. Pío XII, 110. 28036, Madrid

  • Telephone: 91 300 73 36

  1. Access to and use of the Platform

3.1. Users of the Platform: User and Registered User

Accessing the Platform confers the status of user of it (‘User’).

In order to access and use all the Services offered on the Platform, it is necessary to create an account (‘Account’), which is associated with a user and a personal password, to be entered by the user. The creation of the Account confers the status of registered user (‘Registered User’). In order to obtain the Account, you must be at least 16 years of age.

Any Users who are not Registered Users will have limited access to the Platform and will not be able to access all its functions or take out the Third Party Services on the Platform.

For the purposes of the Conditions, Users and Registered Users are referred to jointly as ‘Users of the Platform’.

3.1.1. User Registration

The registration of the User and the creation of the Account must be done according to the following procedure (hereinafter, ‘User Registration’):

  1. When accessing the app or the web site, cookies and SDKs must be accepted or, if appropriate, configured. For more information, see our dōcō Cookie Policy.

  2. Next, these Terms and Conditions and dōcō privacy policies must be accepted.

  3. The next step in order to register as a User and obtain an Account will be to provide the email address with which you wish to register.

  4. The email address will then be verified by inputting a code on the app/web site sent to the address given by the User.

  5. Once the email address has been verified, a strong password will be crated, containing a minimum of 8 and a maximum of 16 characters, including at least one upper-case letter, one lower-case letter, one number and one special character.

  6. In the next step, the name and surname(s) will be entered, as well as the identity document (Spanish ID card, Spanish ID card for foreign nationals or passport - just once on the platform), the mobile phone number and the date of birth, although it is possible not to specify the age if the individual confirms that he or she is at least 16 years of age.

  7. Finally, transport preferences are set based on the User's interests. These can be changed later on at any time.

Once User Registration has been completed, the User acquires the status of Registered User and will be able to access all of the Third Party Services (those Services being as described in section 4 of these Conditions) and the Platform’s functions.

As a Registered User, the individual concerned will have provided the Company with certain personal information, such as, inter alia, his or her name, address, email address, mobile phone number, and, where appropriate, a valid payment method (either a payment card or an accepted payment parter). The Registered User undertakes to ensure that the information in his or her Account is accurate, complete and up-to-date. Otherwise, the User will not be able to access and use the Services and the Company may temporarily and/or permanently suspend the User Registration and the Account. The Registered User is responsible for all activity occurring in his or her Account and undertakes to keep the username and password of the Account secure and secret at all times. Unless the Companies gives written permission to do otherwise, the User may only carry out one User Registration and possess one Account.

The Registered User may change and manage the personal information he or she provided during User Registration and add new information, using the ‘My Profile’ section of the Platform.

He or she will be able to access the Account 7 days a week, 24 hours a day, except in the event of force majeure, technical or computer-related difficulties, or difficulties relating to telecommunications beyond the control of the Company. Furthermore, the Company reserves the right to interrupt access to the Account for any reason.

3.1.2. Removal of a Registered User

If a Registered User wishes to cease to use the Platform permanently, he or she must ask to be removed from the Platform using the following procedure (hereinafter, ‘User Deregistration’):

  1. Going to the ‘Profile’ section of the Platform.

  2. Clicking on ‘Edit personal details’ in the ‘Profile’ section.

  3. From that section, the Registered User can remove his or her registration by confirming using a function provided for that purpose.

The User Deregistration will take effect forty-eight (48) hours from when the relevant request is made. During those forty-eight (48) hours, the User may withdraw the deregistration request and request the reactivation of the Account, using any of the channels provided (chat, email and form). Once that period of forty-eight (48) hours has elapsed, the Account will be blocked and it will not be possible to recover it.

In the event that the User then wishes to start using the Platform again, he or she will have to carry out a new User Registration.

3.2. Licence to access the Platform

Subject to compliance with the Conditions, the Company grants Users of the Platform a right of use which is limited, non-exclusive, revocable and non-transferable, and which may not be sublicensed, in order to: (i) access and use the Platform on their personal device and (ii) access and use any related content, information and material that may be made available to them over the Platform, in every case only for their personal, non-commercial use.

3.3. Declarations by the Users of the Platform

Users of the Platform understand and accept that:

  1. The Company does not provide transport services or function as a transport company and that such transport services, by whatever mode of transport, are provided by independent third parties (the ‘Third Parties’), who are not employed by and who act independently of the Company.

  2. Accessing and using the Platform and the content and/or Services accessible over the Platform will take place at their own risk and/or on their own responsibility and, in any event, in compliance with the Conditions.

  3. They have sole responsibility for obtaining access to the data network necessary for accessing the Platform and the Services and will be responsible for any tariffs or fees charged for the use of the access networks. Furthermore, they are responsible for acquiring and updating the compatible hardware or the devices necessary to access the Platform and the Services and any updated versions of them.

  4. The Company does not guarantee the compatibility of the Platform and the Services with any particular hardware or device.

  5. Accessing and using the Platform and Services may be affected by operational problems or delays inherent in the use of the Internet and electronic communications.

  6. The Services are subject to different conditions and third-party privacy policies. Those third-party beneficiaries do not form part of this contract.

  7. They declare that they have complied with all of the requirements stipulated by the Third Parties in order to be able to access and make use of the Services and that, prior to purchasing them, they have accepted the terms and conditions relating to the provision of the Services.

  8. They declare that they are over 16 years of age and have the legal capacity to enter into contracts and make use of the Services.

  9. In some cases, they may be required to provide an identity document, or some other means of verifying their identity, in order to access or use the Services. Registered Users accept that they may be denied access to or the use of the Services, if they refuse to provide that information and/or that information does not allow their identity to verified adequately.

  10. The Platform and the Services and all rights relating to them are and will remain the property of the Company and of its licensors. Neither the Conditions nor the use of the Services transfer or grant to the Users of the Platform and right: (i) over or in relation to the Platform and the Services, except for access to the Platform as set out in section 3.2 above; (ii) to use in any way and in any medium the trade names, company names, logos, names of products and services, trademarks or service marks of the Company or of its licensors.

  11. They are obliged to pay the price of the Services in the terms established in the Conditions.

  12. They are obliged to use the Platform and all of its content and Services in accordance with the regulations applicable at any given time, with good morals, with civil order and, at all times, following the provisions of these Conditions and any other notice or instruction of which they are made aware, either by means of this document or anywhere else within the content of the Platform, as well as complying with standards relating to neighbourliness, morality and generally accepted good conduct.

  13. They undertake to make an appropriate use of the Platform and/or the Services, which in no event may be used for illicit purposes or purposes which may constitute a crime or infringe the rights, of any kind, of the Company and/or third parties and/or which constitute an infringement of intellectual and industrial property rights protected by law or any other rules of the applicable legal code.

  14. They are obliged not to use the Services and/or content of the Platform for purposes or with effects that are illicit, prohibited in the Conditions or by the applicable regulations, injurious to the rights and interests of third parties, or which, in any way, may worsen or impede the normal use of the content of the Platform, or damage, render useless or overload computer equipment or documents, files and content of any kind, stored on any computer equipment belonging to or contracted for by the Company, belonging to other users or to any user of the Internet (hardware and software). You undertake to notify the Company of any illicit content of which you become aware.

  15. They are obliged to make use of the Platform solely to access the content available on it and/or request the Services, request specific information, make legally valid searches or requests, or any other functions permitted on the Platform.

  16. They are obliged not to make any false or fraudulent requests. Where it may reasonably be considered that a request of that nature has been made, the Company is authorised to cancel it and inform the relevant authorities.

  17. They are the sole and exclusive owner of, or own all the necessary rights, licences, consents and permissions for, all the information, of any kind, provided to the Company over the Platform and, consequently, guarantee that the Company making such information available or using it in the manner set out in the Conditions does not constitute an infringement of the rights, of any kind, of third parties or the violation of any applicable legislation.

  18. They are obliged to treat their Registered User and Account details as confidential, personal and non-transferable and not to communicate them to third parties, informing the Company, immediately, of any unauthorised access and/or use of those details of which they become aware.

  19. They are obliged to ensure that the information they provide, of any kind, including that which, in accordance with the applicable current legislation, constitutes personal data, is truthful, accurate, up-to-date and complete, for the purposes for which the information was required.

  20. They are obliged not to assume the identity and/or make use of the details of other Registered Users.

  21. They are obliged not to insert, provide or distribute any information or false, ambiguous or inaccurate content that may mislead the recipients of the information.

  22. They are obliged to refrain from any act or omission that implies, or could imply, an infringement of the confidentiality of telecommunications and the regulations relating to the protection of personal data.

  23. They are obliged not to transmit advertising that has not been requested or authorised, publicity material, spam, chain letters, pyramid schemes or any other form of request.

  24. They are obliged not to distribute, transmit or make available to third parties any information, element or content that constitutes illicit or unfair advertising.

  25. They are obliged not to transmit, disseminate or make available to third parties any kind of material appearing on the Platform, including, but not limited to, information, texts, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, trademarks, icons, technology, links, graphic design and source code, or any other material to which they have access as a result of being Users of the Platform.

  26. They acknowledge that access to the Platform does not imply any kind of guarantee with regard to the suitability of the Platform and/or Services.

  1. Third-Party Services

4.1. What are Third Party Services?

The Company offers the Users of the Platform the service of access to and use of the Platform and its content (the ‘Service’ or ‘Services’), so that Registered Users may, according to their preferences, select, book and purchase the transport services of the different providers (hereinafter, the ‘Third-Party Services’).

Registered Users may, through the Platform, directly or indirectly through third-party technology platforms designed for the digital intermediation of transport services, contact the Third Parties that offer their services over the Platform.

The provision of Third-Party Services is, at all times, subject to the agreement between the Registered User and the Third Party, as well as the terms and conditions of the Third-Party Service. The Company does not in any way participate in, or supervise, that agreement and/or compliance by the Third Parties with the terms and conditions applicable to the Services, and, consequently, will not be responsible for any right or obligation arising from the relationship between the Registered User and the Third Party.

The Services offered on the Platform are available in all the Autonomous regions in Spanish national territory, subject to the availability of the mobility companies that are a part of dōcō.

You can see more information about our Third Parties by clicking here.

4.2. Differences between Third Party Services available through the website and the mobile application

Depending on how you access dōcō, you can access a greater or smaller number of Third Party Services.

When you access dōcō via our mobile app, you can access all our Third Party Services. However, if you access dōcō via our web site, you cannot access the following free floating services:

  • Cooltra

  • Karhoo

  • Movitaxi

  • Reby

  • Bolt

  • Transporte Metropolitano de Barcelona (TMB)

     

Therefore, you also cannot access the “Nearby services Map”, for which reason the provisions in these Terms and Conditions relating to the “Nearby services Map” will not apply when you access dōcō via the mobile app.

  1. How to make a request for services

5.1. Contracting procedure

Requesting, booking, confirming, monitoring and cancelling any Third-Party Service will be done over the Platform following the procedure set out below.

5.1.1. Requesting Third-Party Services

Registered Users may initiate a request for Third-Party Services by two means in the application (hereinafter, the ‘Request for Services’):

(a) Route planner:

  1. The Registered User carries out a search entering the starting point, destination, date, time and transport preferences for the journey that he or she wishes to make.

  2. The Platform will suggest routes ordered by duration, price and environmental footprint.

  3. The Registered User must select the route with the transport services that best suit his or her needs.

(b) Map of nearby services: this is located in the ‘Near to you’ section of the Platform:

  1. The Registered User must access the Platform’s map of nearby services.

  2. On the map of nearby services, the Registered User must select the Service that suits his or her needs.

 

5.1.2. Booking Third-Party Services

Once the Request for Services has been made, the Registered User must make a booking for the Services in question (hereinafter, the ‘Third-Party Services Booking’), the procedure for which will vary according to the means used to make the Request for Services.

(a) Route planner:

  1. The Registered User must configure (where applicable) each Third-Party Service, selecting, where relevant, the type of carriage, fare, ticket type, extras, etc.

  2. The Registered User must enter the names of the passengers, where required in order to purchase the tickets.

  3. The Registered User must accept the terms and conditions and privacy policy of each of the Third Parties that are going to provide the Service (hereinafter, the ‘Third-Party Conditions’) in order to be able to continue with the Services Booking process.

  4. The Registered User must confirm the Final Price and Payment Method and make the purchase as set out in section 6 of these Conditions. In the case of planned Services that do not require prepayment, or which depend on a tariff based on use, the Registered User will receive the Final Price of the Service at the end of each journey, as set out in section 6 of these Conditions.

(b) Map of nearby services:

  1. The Registered User accepts the Conditions for the provision of the Third-Party Services.

  2. The Registered User confirms the associated fare, confirms and/or adds the Payment Method and accepts the purchase as set out in section 6 of these Conditions.

5.1.3. Confirming Third-Party Services

Once the Third-Party Services Booking has been made, confirmation of the Third-Party Services Booking will take place. The Platform will confirm the Services Booking once: (i) Payment has been made for the Services as set out in section 6 of these Conditions; and (ii) the Third Party(ies) has (have) confirmed the availability of the Services. It will also schedule the requested transport services that are not provided by Third Parties and generate the necessary tickets.

By sending a notification over the Platform and/or an email to the address provided by the Registered User, the Platform will be considered to have confirmed the requested Services (hereinafter, the ‘Confirmation of the Services’).

Furthermore, in the case of purchasing services with a variable price, the notification will be sent once the service has ended, when the final price is available.

5.1.4. Monitoring Third-Party Services

Once Confirmation of the Third Party Services is notified, the Registered User may track the Services booked using the “My Trips” section on the Platform. The Registered User may see the route information and times at any time using the app, but they cannot track any service live using the Platform’s web site.

In order to be able to access each Service, the Registered User will have to make use of the tickets generated or the information provided in the Confirmation of the Services notification.

5.1.5. Cancelling Third-Party Services over the Platform

The Registered User will be able to cancel those Services that allow it, in accordance with each of the Third-Party Terms accepted when making the Services Booking, in the ‘My Journeys’ section of the Platform, selecting the specific section for each of the Services purchased and following the instructions for cancellation shown in that section (hereinafter, the ‘Cancellation of the Services by the Registered User’).

The Cancellation of the Services by the Registered User may entail a cost. Please read carefully the cancellation policy in section 8 of these Conditions.

5.1.6. Unavailability or Cancellation of, or Changes to, Third-Party Services

In the event the Service is unavailable and/or your order is partly or completely cancelled, the Registered User will be notified when the Third Party informs the Platform, and always as soon as possible.

Where the order is cancelled, in full or in part, for reasons attributable to the Platform:

  • The Registered User will be refunded the price of the Service or Services that are not available in the shortest time frame possible and, as a maximum, within 14 days of the notification that the Service was not available.

  • The payment will be refunded by the same method as used for the payment.

  • We will contact the Registered User by email and over the Platform to inform him or her of the cancellation, in full or in part, of the order and, where possible, offer him or her alternatives.

The Company may close the Platform temporarily or permanently, without prior warning. In such a case, the Company undertakes to deal with those Service Bookings for which Confirmation of the Services has been has been received prior to the temporary or permanent closure of the Platform. In no event will the temporary or partial closure of the Platform give rise to any.

5.2. Declarations regarding Requesting, Booking and Confirming Third-Party Services

Registered Users of the Platform acknowledge and accept that:

(i) they will be bound by the version of the Conditions available on the Platform at the time when the Request for Services is validated.

(ii) depending on the Services requested, during the Services Booking process, in order to be able to continue with the Services Booking process it is a necessary requirement to accept the Third-Party Conditions of each of the Third Parties that are going to provide them the service.

(iii) acceptance on the part of the Registered User of the Conditions and the Third-Party Conditions implies acceptance of both sets of conditions by the passenger(s). In that regard, a passenger will be understood to be any person who has a ticket and/or makes a journey contracted for over the Platform.

  1. Price and Payment for Third-Party Services

6.1. Price of Third-Party Services

The prices of Services that are set by Third Parties will be those stated on the Platform at the time of selecting and booking the Service. All prices include VAT and constitute the final price of the Service (hereinafter, the ‘Final Price’).

For those Services where, on account of the mode of transport concerned, the Final Price only becomes known when the service ends, you will be informed at the time of the Services Booking regarding the fare applicable to Services of that kind.

Prices can change at any time during the process of selecting and booking the Services. Once the Service has been confirmed, the price stated cannot change.

Once you have selected all the Services that you wish to purchase, those Services will have been added to your basket and you must complete the purchase and make the payment. To do so, you must following the steps of the purchasing process, providing and checking the information requested at each stage. Furthermore, during the purchasing process, before making the payment, you will be able to change the details of your purchase. You can also find the details of all the orders you have placed in the ‘My Journeys’ section.

6.2. Payment for Services

The Platform takes payment for the Services from the Registered User, over the Platform, on behalf of the Third Parties. The payment for the Services is, therefore, considered to be a payment made by the Registered User directly to the Third Party.

Payment for fixed-price Services will be made at the time of the Confirmation of the Services, as set out in section 5.1.3 of these Conditions. In the case of variable-price Services, payment will be made once the Service has ended.

The registered user may use debit and credit cards (VISA and MasterCard, among others) as a payment method (the ‘Payment Method’)

By clicking on ‘Pay’, you are confirming your acceptance and payment of the price.

The booking and/or the performance of the Service, whatever its nature and regardless of the extent to which the Service has been preformed, may be suspended and/or cancelled (i) where payment, or partial payment, of the full amount owed by the user has not been made, (ii) in the event of an incident relating to the payment, or in the case of fraud or attempted fraud in relation to the use of the Platform.

Payment for the Service will only be final when it has been confirmed. It should be noted that payment by bank card initiates a systematic debit authorisation request and any rejection of the payment, for whatever reason, entails the order in question being abandoned (hereinafter, ‘Payment for the Services’). The user will receive notification of all of the above.

In order to minimise the risk of unauthorised access, your credit card details will be encrypted. The Platform is protected by a security system using SSL encryption, which offers the best possible protection for all data relating to payment methods. Credit cards will be subject to checks and authorisations on the part of the issuing entity, but where that entity does not authorise the payment, we will not be liable for any delay or non-delivery and nor will we be able to formalise any contract with you.

Any promotions agreed in the form of discount vouchers will only be valid for one order per person and in the agreed validity period, and it will not be possible to use them in combination with other promotions.

  1. Value-added Tax and Invoicing

In accordance with the provisions of article 69 of Law 37/1992, of 28 December, on Value-Added Tax, the provision of the Services will be understood to take place in the territory to which Spanish VAT applies. The applicable rate of VAT will be the current legal rate at any given time, according to the specific item concerned.

The Platform allows Registered Users who have made a purchase to generate a dynamic purchase summary, allowing them to see the details of each journey contracted for, which will be updated automatically as the services are paid for or used, depending on the mode of transport (pre-paid or post-paid).

Within the purchase summary, users will be able to access each of the journeys they have made, where they will find the details of those journeys. For example, they will be able to find the mode of transport, the date and time and the price, among other relevant details, depending on the transport type. Along with that summary, a button will appear giving the option to ‘Request/download invoice’. Selecting that option, users will be able to download a simplified invoice provided by the Third Party.

  1. Cancellation Policy

8.1. Cancellations by the Third Party

The Platform cannot be held responsible for cancellations of Services by Third Parties. Registered Users will be subject to the Terms and Conditions of each of the Third Parties that the Registered Users accepted at the time of the Services Booking and, consequently, the cancellations policy of each Third Party with which they have contracted for the Service.

Where they are entitled to a refund of the Final Price, or part of it, will be refunded in accordance with the Terms of the Third Parties; in no event will the Platform be liable for refunds for Services on account of cancellations of the Services for reasons attributable to Third Parties.

8.2 Cancellations by the Registered User

Registered Users may cancel the Services following the procedure set out in section 5.1.5. of these Conditions.

Cancellations of the Services by the Registered User are subject to the Terms of the Third Party from which the Service was purchased and which the Registered User accepted during the Services Booking process.

Cancellations may entail a cost depending on the Terms of the Third Party in question; the cost of the cancellation will be charged using the same payment method that was used during the Services Booking. Where the Registered User is entitled to a refund of the Final Price, or part of it, will be refunded in accordance with the Terms of the Third Parties; in no event will the Platform be liable for refunds for Services on account of cancellations of the Services by the Registered User.

  1. Customer Support

The Platform has its own customer support service, which Users of the Platform can access (the ‘Customer Support Service’). That service has the following functions:

  1. Centralising the management of the incidents, enquiries and complaints of Users of the Platform.

  2. Handling incidents, enquiries and complaints using the following channels: forms, chat (live with an agent or with a chatbot) or on the telephone.

  3. Allowing the frequently asked questions be consulted in a section provided for that purpose.

  4. Refer incidents relating to the Third Party Services to the Third Parties.

From the Platform's ‘Help centre’, you will be able to access the Customer Support Service through three (3) different channels:

  1. ‘Frequently asked questions’: using this channel, you will find answers to the main questions relating to the Platform.

  1. ‘Send a question’: using this channel, by filling in a form, you will be able to ask a question, which will subsequently be answered by email.

  1. ‘Chat with us’: using this channel, you will be able to ask the virtual assistant anything and the assistant will answer your question automatically. Where the assistant is not able to resolve the matter, depending on the nature of the query, it will refer you directly to: (i) live chat with one of our agents, (ii) the form to be filled in, (iii) the telephone number of one of our agents; (iv)You can also access dōcō’s Customer Care Service on our social networks when you send us any incident, query or claim using the channels in place on them. Once we receive the query, the Platform will contact the user, verifying if they are a registered user of the Platform, or not, and responding using the same channel the query was received on, requesting the information needed to be able to take care of it and resolve it, which may include, amongst others:

    • Email;
    • Name;
    • Surname;
    • Contact telephone in case we need to get in contact with you; and
    • More details about the query.

     

The Company will respond to any incident, enquiry or complaint as soon as possible and never more than one (1) month after receiving it.

In the event of a query or resolution of an incident relating to the provision of Services by a Third Party, the information needed to access the Third Party's contact channel will be provided over the Platform, amongst other things, when it cannot be resolved directly by the Platform. Resolution of incidents, complaints and claims relating to the Services will be the sole, exclusive responsibility of the Third Party that provided the Service, with the Platform being a third party unrelated to the contract. The intervention of the Platform in managing the resolution of incidents, complaints and claims is only carried out with the aim of improving the User's experience on the Platform. No contractual liability of any kind is ever accepted. This information can be requested on our “Send a query” section or “Chat to us” once the Service has begun, or, if appropriate, days before the Service starts this information will be available in the “My Trips” section. The Company will not be liable for any delay or lack of response by the Third Parties to the incidents, queries and claims by users relating to Third Party Services. Moreover, the information provided relating to the Third Party Services will be the information provided to the Platform by the Third Parties. The Platform will, in this respect, merely act as a data host, for which reason the Registered User acknowledges that any discrepancy, incoherence or incident with this information will be solely attributable to the Third Party.

  1. Absence of Guarantees

The Company repudiates any declaration or guarantee, whether express or implicit, that is not expressly stated in the Conditions, including (i) implicit guarantees of suitability for a particular purpose (ii) guarantees of reliability, punctuality, quality, suitability or availability of the Services (iii) guarantees regarding the quality, suitability, safety or competence of the Third Parties.

  1. Liability

The Company will not be liable for harm or loss, of any kind (inter alia, lost profits, lost data, personal injury or damage to property), directly or indirectly arising from and/or related to: (i) the legal relationships, of whatever nature, established with the Users of the Platform and the Third Parties and between the Users of the Platform; (ii) non-performance or defective performance of the Services by the Third Parties; (iii) the activities, of whatever nature, carried out over the Platform by the Users of the Platform and/or by Third Parties and which result in damage, of any kind, to other Users of the Platform and/or Third Parties; (iv) any advertising, marketing or communications activity, in any medium, relating to the Services defined by the Third Parties; (v) the insufficiency, imperfection or incapacity of the personal and material means of any kind that are used to perform the Services by the Third Parties; (vi) the insufficiency, imperfection or incapacity of the personal and material means of any kind that are used by the Users of the Platform to access the Platform and/or the Services; (vii) the processing of personal data carried out by the Third Parties; (viii) improper use of the information relating to Registered Users made by the Third Parties and the consequences that may flow from that, in particular, as regards the decisions or actions that may be taken on the basis of that information; (ix) the unavailability of the Platform and/or access to the Services for reasons of force majeure or on account of faults in elements under the control of the Third Parties and/or the Users of the Platform; (x) lack of veracity, inaccuracy or errors in any content of the Platform belonging to and/or under the responsibility of the Third Parties and the Users of the Platform.

Except where expressly provided otherwise in these Conditions, the liability, of whatever nature, of the Company in relation to and/or resulting from access to and use of the Platform will be strictly limited to that conferred on it by law as the owner and administrator of the Platform, resulting from its management, administration, control, functioning and total and/or partial availability.

To that effect, the Company undertakes to:

  1. Carry out diligently those tasks that inherently fall within its area of competence in relation to the management and functioning of the Platform.

  2. Implement and maintain those elements that fall within its area of competence and responsibility and which are necessary for Users of the Platform to be able to access it, registered with it, make use of it and deregister from it.

  3. Validate the correct registration of the Users of the Platform and keep an up-to-date register of the Registered Users.

  4. Manage the correct functioning of the Platform, as well as the technical and operational support for Users and Registered Users.

  5. Be accountable for the availability and quality of the Platform.

  1. Industrial and Intellectual Property

The industrial and intellectual property rights over the Platform taken as a whole and each one of their components taken independently, including programs and developments and specific items of content containing data, text, images and animations, logos, sounds, graphics and files, are the exclusive property of the Company or third parties who have granted a licence or right of use. Any representation of the Platform or of any of its components, in full or in part, without the express permission of the Company is prohibited and may constitute and infringement.

The trademarks and other distinctive signs that appear on the Platform are registered trademarks of the Company or of third parties. Any reproduction, imitation or use, in full or in part, of the distinctive signs without express authorisation is prohibited.

The unauthorised use of the information contained in the Platform, or any harm to the intellectual or industrial property rights, will give rise to liability in accordance with law.

  1. Data Protection

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data provided while accessing and using the Platform will be processed in accordance with provided for in Web Privacy Policy, App Privacy Policy and dōcō's Cookie Policy.

  1. Availability of th Platform, Content, Viruses, Piracy and other Cyber Attacks

The Company undertakes to use its best endeavours to ensure that Users of the Platform can access it at any time. Nevertheless, the Company will not be liable in the event that the Platform is unavailable for reasons beyond its control.

Users of the Platform acknowledge having the knowledge and means necessary to access and make use of the Platform and the Services. They further acknowledge having checked that the computer set-up used does not contain any viruses and is in perfect operating condition.

The Company cannot guarantee the accuracy and completeness of third-party information published on the Platform, nor that the Platform will always function correctly, nor that it is entirely secure from cyber threats.

The Company endeavours to offer the Users of the Platform information and tools that are available and verified, but it will not be liable for any errors, unavailability of information and/or the presence of viruses or other computer infections on the Platform

Users of the Platform acknowledge using the information and tools available on the Platform exclusively on their own responsibility. The information provided by the Company is only by way of a guide. The Company cannot guarantee that third-party information published on the Platform is accurate, complete or up-to-date.

Users of the Platform must not make improper use of the Platform by deliberately introducing into it viruses, Trojans, worms, logic bombs or any other program or material that is technologically harmful or damaging. Nor must they attempt to gain unauthorised access to the Platform, to the server on which the Platform is hosted or to any server, computer or database related to our Platform. Users of the Platform undertake not to attack the Platform by means of a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause may entail the commission of offences classified by the applicable regulations. We will inform the competent authorities of any breach of those regulations and will cooperate with them in order to discover the identity of the attacker. Furthermore, Users failing to comply with this clause will immediately cease to be authorised to use the Platform.

We will not be liable for any harm or loss resulting from a denial-of-service attack, virus or any other program or material that is technologically harmful or damaging and which may affect a User’s computer, terminal, mobile phone, computer equipment, data or materials, as a consequence of using the Platform or downloading content from it or content to which the Platform redirects the User.

  1. Sites linked to the Platform

The Platform makes available to Users of the Platform technical linking devices and search tools that allow access to websites, platforms (including third-party technology platforms designed for the digital intermediation of transport services) and applications belonging to and under the responsibility of Third Parties and other entities (‘Linked Sites’).

Users of the Platform understand and accept that Linked Sites will be accessed and used at their own risk and on their own responsibility and the Company is exonerated from any liability relating to the technical availability of the Linked Sites, the quality, reliability, accuracy and/or veracity of the services, information, elements and/or content that Users of the Platform may access on those sites and in the search directories included the Linked Sites. With the limitations set out in the applicable current regulations relating to information society services, the Company will not be liable, whether directly or secondarily, for any harm or loss, of any kind, resulting from: a) the functioning, unavailability, inaccessibility or lack of continuity of the Linked Sites and/or the available search directories; b) failure to maintain and update the content and services contained in the Linked Sites; c) any lack of quality, accuracy, lawfulness or usefulness of the content and services of the Linked Sites.

  1. Communications in writing

The applicable regulations require that part of the information or communications that we send you should be in writing. By using this Platform, Users of the Platform accept that such communications from the Company may be in electronic form. We will contact you by email, SMS or any other means of electronic communication, or we will provide you with information by placing notices on the Platform.

For contractual purposes, you consent to the use of such electronic means of communication and acknowledge that any contract, notification, information and other communications that we send you electronically comply with the legal requirement to be in writing. This condition does not affect your statutory rights.

  1. Events beyond our control

The Company will not be liable for any failure to comply, or delay in complying, with any of the obligations it has assumed where that failure or delay is due to events that are beyond our reasonable control (‘Situation of Force Majeure’).

Situations of Force Majeure will include any act, event, failure to act, omission or accident that is beyond our reasonable control and, inter alia, the following:

  1. Strikes, lockouts or other protest measures.

  2. Civil unrest, revolt, invasion, terrorist threat or attack, war (declared or otherwise) or the threat of or preparations for war.

  3. Fire, explosion, storm, flooding, earthquake, subsidence, epidemic or any other natural disaster.

  4. Impossibility of using trains, boats, planes, motor transport or other modes of transport, whether public or private.

  5. Impossibility of using pubic or private telecommunications systems.

  6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

The obligations will be understood to be suspended for as long as the Situation of Force Majeure continues and the time available to us to comply with those obligations will be extended by a period of time equal to that for which the Situation of Force Majeure lasts. We will apply all reasonable means to bring the Situation of Force Majeure to an end or to find a solution that allows us to comply with our obligations, in spite of the Situation of Force Majeure.

  1. Applicable Law and Jurisdiction

Access to and use of the Platform and the Services shall be governed by Spanish law. Any dispute arising from or related to the use of the Platform will be subject to the jurisdiction of Spanish courts. If you are contracting as a consumer, nothing in this clause will affect the rights you are accorded as such under current legislation.