Terms
and Conditions
These terms and conditions
(hereinafter collectively referred to as the "Terms")
govern the access and use by you (hereinafter referred to as the "User")
of the www.redbus.pe Web Site and our mobile applications (hereinafter referred
to as the "Website"). The Web Site is owned, managed and operated by IBIBO Group Private Limited,
Empresa Digital Peruana S.A.C. (hereinafter referred
to as “redBus”).
Please read these Terms
carefully before using the Web Site, which functions as an online marketplace.
For the sake of clarity, it is hereby stated that Redbus
does not provide by itself any transportation services through the Web Site, but is a platform that merely connects various bus
operators with the passengers of such buses. Redbus
makes available to Users the Web Site which displays a large
number of Transportation Service Providers (hereinafter "the
Providers" or "the bus operators"), which offer and market their
transportation services to Users through the Web Site. In this sense, Redbus is an intermediary between the User/Buyer and the
Transportation Service Providers and provides its platforms or Web Site for
them to carry out the transactions. Redbus and the
Providers are independent companies and therefore are not affiliated companies,
and the use of the platform by the Providers does not imply any joint venture
or association between them.
It is expressly stated that
Redbus is not the provider of the Transportation
Services (hereinafter the Services); therefore, it is made absolutely
clear that Redbus acts in the name and on
behalf of the Providers and that Redbus is not
directly or indirectly obliged to perform the Services. The User, by
contracting the Services through the Web Site, is entering into a contract for
Services directly with the Provider offering the Services through the Web Site.
Redbus is an intermediary and its intervention is
limited to the sale of the ticket through the Web Site.
By contracting the Services
of the Providers through the Web Site, the User accepts these Terms, which
constitute an electronic record in accordance with the applicable legislation.
Such electronic record is generated by a computer system and does not require
any physical or digital signature. By using the Web Site, you signify your
agreement to be bound by these Terms.
Redbus allows you to browse the Web Site and purchase bus tickets for you,
your family and/or third parties without registering on the Web Site. You shall
be deemed to have read, understood and expressly
accepted these Terms, which shall govern each desired bus ticket booking and
purchase transaction through the Web Site for all purposes and shall be binding
on You. All of Your rights and obligations with
respect to Your use of the Web Site and to avail of the bus ticket booking and
purchase facility (hereinafter, "Facility") provided by the Web Site
shall be governed by these Terms.
These Terms are of a
general nature and apply to the intermediation services provided by Redbus and to the use of the Web Site; that is to say that
under no aspect and under no circumstances are they applicable, nor do they
replace or modify the legally established Transportation Service rendered by
the Providers, nor do they modify the obligations or limitations of liability
nor the special or specific conditions that each Provider has defined for the
Transportation Services. Before contracting any Provider for the rendering of
the Transportation Service, You (the User) are obliged
to review the particular conditions of each Service that have been established
by each Provider and that are detailed on the web page of each Provider. Redbus is not responsible for, and does not interfere in,
the particular conditions established by each Provider
for the provision of the Transportation Services. In this sense, by contracting
the Service, you (the User) declare that you (the User) have full knowledge of
the conditions and terms of the Transportation Service offered by the Provider
of your choice.
Redbus does not interfere in the collection of penalties, administrative
charges for ticket endorsement by the Providers or fare differences if
applicable, according to the terms and conditions of Service of each Provider.
In addition, by accepting
these Terms, You also agree to the other Redbus policies relating to the Web Site, including but not
limited to the (i) Privacy Policy; and (ii) Cookie
Policy, in effect at the time of the transaction.
In these Terms, both You
and redBus are referred to individually as a 'Party' and collectively as the
'Parties'.
- Terminology:
- For the purposes
of these Terms, where the context so requires, "You" or
"User" (which shall mean the user of 'redBus'), shall mean any
natural or legal person who has agreed to be a purchaser of bus tickets
from any Supplier and/or a user of the Facility being offered on the Web
Site.
- The terms
"We", "Us" or "Our" shall mean redBus
and/or its affiliates.
- Our
Web Site:
Redbus is an online bus ticket aggregator or
intermediary, which simply connects bus operators (carriers or Providers)
with passengers (Users or Consumers). Pursuant to the above, Redbus wishes to state the following:
- The Web Site is
an online Marketplace, which merely details the inventory (itinerary) of
the bus operators (Suppliers) that have registered on the Web Site, but does not itself own or provide the
Transportation Services. Therefore, the limited role of the Web Site is
to connect You with the bus operator (Provider) and viceversa.
- You understand
and agree that the bus tickets listed and/or offered for sale by the bus
operator (Supplier) on the Web Site has been determined solely by the
respective bus operator (Supplier), and redBus, as
aggregator/facilitator/intermediary, has no control over the tickets
listed on the Web Site, nor the Service to be provided by the Supplier. In the event that the tickets or their characteristics
contravene any regulation and/or any mandate or judgment of any
regulatory authority, Court or Tribunal, it shall be the sole
responsibility of each bus operator (Supplier) to ensure that its tickets
comply with the applicable regulations, mandates or judgments, and redBus
shall not be in any way responsible for such contravention.
- In view of the
foregoing, You agree that any liability in
connection with any transportation Service being offered on the Web Site
in accordance with applicable laws shall be borne by the bus operator
(Provider) and not by redBus. In the event of any deficiency of the
Service, You shall direct any action arising out
of such deficiency of the Service against the bus operator (who is the
actual Provider of the Service) and not redBus.
- You further
represent and acknowledge that redBus is only a facilitator or
intermediary and is not and cannot be a party to, or in any way control,
the Services that You purchase through the Web Site. Accordingly, the
contract for Transportation Services that You purchase through the Web
Site shall be a strictly bilateral contract between You and the bus
operators (Providers) listed and offering their Services on the Web Site.
- User Account:
Redbus may offer You the facility to open a user
account on the Website. Such user account may be linked to your email ID
or telephone number, or both. In order for You to
use the Web Site, either by registering an account with Redbus or by using the Web Site as a guest
(unregistered user), You agree to the following conditions:
- You are solely
responsible for maintaining the confidentiality of Your account and
password and for restricting access to Your computer or devices in order to prevent unauthorized access to Your
Account when You use the Website by registering an account with Redbus.
- By using the
Website, whether as a Guest or as a Registered User, You
authorize Redbus and its agents to access third
party websites including but not limited to websites of banks and other
payment gateways, designated by or on behalf of the bank to retrieve
information requested for the processing of a transaction generated by
the Registered User or Guest on the Website.
- In the event
that You use the Website through a registered account, You
agree to accept responsibility for all actions performed through Your Redbus Account.
- In the event
that You use the Website through a registered account, You
shall take all necessary steps to ensure that the password is kept
confidential and secure, and shall inform Redbus
immediately if You have any reason to believe that Your password has been
compromised or if the password is being used or is likely to be used in
an unauthorized manner. Redbus will not be
liable for any loss that You may incur due to the misuse of the
compromised access credential of Your Redbus
account. Please ensure that the details You provide to Redbus are correct and up to date,
and inform Redbus immediately of any
changes to the information You provide at the time of registering Your
account with Redbus.
- You warrant that
You will comply with all additional procedures and guidelines, as amended
from time to time, in connection with Your use of the Web Site. You shall
also be responsible for complying with all applicable laws and
regulations with respect to Your use of the Web Site with respect to the
jurisdiction to which each transaction relates.
- The Web Site may
be used exclusively for personal purposes and not in any way for
commercial purposes. Therefore, You are not
authorized to resell, deep-link, use, copy, monitor (e.g., spider,
scrape), display, download or reproduce any content or information,
software, products or Facility available on the Web Site for any
commercial or competitive activity or purpose.
- Redbus
reserves the right to deny your access to the Website, suspend your Redbus account, cancel any bus ticket reservation,
remove and/or edit content on the Website at any time, without notice and
in its sole discretion if it believes or has reasonable indications that
your account is being used for purposes other than those defined in
paragraph 6 above or that may become unlawful.
- Membership Eligibility:
- Use of the
Website is available only to persons who can enter into
legally binding contracts under Peruvian law. Persons who are
"barred from contracting" under the Civil Code and other
applicable Peruvian law are not eligible to use the Website. If You are a
minor, You shall not register as a User of the
Website and shall not carry out transactions on the Website or use the
Website.
- As a minor, if
You wish to use or transact on the Website, such use or transaction may
be made by Your legal guardian or parent. We reserve the right to suspend
your membership and/or refuse to provide you with access to the Website
if it is discovered that you are a minor or are impaired or do not have
the capacity to contract according to the regulations in force in Peru
-
- RedBus Wallet:
Redbus may provide its registered users, at its sole
discretion, with promotional credits, which will be granted through the Redbus Wallet. Users will be able to make transactions on
the Website, paying a percentage of the ticket price with the credit available
in the online Redbus Wallet (hereinafter, the
"Wallet"), according to the following conditions:
- Redbus
may grant Customers promotional credit directly to the Wallet by the
following mechanisms:
- Promotional
code of partial refund of the amount paid for bus tickets, directly to
the Wallet.
- Promotional
code for Redbus referral program, by means of
which the user with a Redbus account may
invite new users for the use of new Redbus
accounts.
- Other
conditions detailed in the conditions of use of the Wallet.
- The cash
equivalent balance available in the Wallet may be used by the Customer to
make bus ticket reservations on the Website only. The Customer may
purchase up to 10% of the total value of the ticket with money from
his/her wallet in each transaction, the remainder to be paid directly by
the Customer.
- Any promotional
cash deposited in Your Redbus Wallet will not
be refundable to Your bank account upon cancellation of a reservation.
Such promotional cash has an expiration date after which it will not be
available for use by You.
- Any existing
balance in your Wallet that remains unused and unclaimed for more than
six (6) months will be blocked and forfeited.
- If you generate CashPay codes using, in addition, the points in your
wallet and do not make the payment, these points will be lost and will
not be reimbursed.
-
- Privacy:
Redbus internal policies related to privacy of
information are developed in the following documents that are at your disposal:
- The 'Privacy
Policy' of the Web Site; and
- The 'Cookies
Policy' of the Web Site.
- Links:
- This Web Site
may contain links to other web sites maintained by third parties
("External Sites"). Such External Sites are linked to the Web
Site for your reference and convenience only. Redbus
does not operate, control or endorse, in any
way, such External Sites or their content. You, as the User, undertake
sole responsibility for the use of such External Sites and are therefore
advised to carefully review the terms and conditions contained therein.
- You shall not
link your own website or the website of any Third Party to this Website
without obtaining the prior written approval of Redbus.
The use of any automated screen capture or screen adaptation technologies
for the purpose of obtaining information from this Web Site without Redbus' prior written approval is a violation of our
intellectual property rights.
-
- Procedure for
Use:
- You acknowledge
that you have only a limited right to ordinary use of the Web Site and
that you are not entitled to modify any part of the Web Site or to
reproduce, copy, distribute, sell, resell or
access the Facility for any commercial purpose.
- You are also
under an obligation to use this Web Site only for reasonable and lawful
purposes and will not engage in any activity not contemplated by these
Terms. You will use this Web Site and any bus tickets purchased through
this Web Site for personal, non-commercial use only, and will not resell
the tickets to any other person.
- You may not use
any meta tags or any other hidden text using the Website, trade names or
trademarks of Redbus or its affiliates without
the express written consent of Redbus and/or
its affiliates, as applicable.
- You shall not
use the Web Site for any of the following:
- for fraudulent
purposes or in connection with criminal acts or other unlawful activity;
and/or
- to send or
carry on the bus of any Provider any material that does not belong to
You; or material that is illegal, unlawful, dangerous, or subject to fiscalization, offensive (including but not limited
to material that is sexually explicit or that promotes racism, bigotry,
hatred or physical harm), misleading, deceitful, invasive of another's
privacy or intimacy, defamatory, libelous, obscene, pornographic, pedophilic,
ethnically objectionable, denigrating, or in violation of copyright,
trademarks, confidentiality, privacy, or any other information or
protected right; or which is otherwise injurious to third parties; or
that promotes or relates to money laundering, terrorist financing,
gambling or betting; or is in any way harmful to minors; or impersonates
another person; or threatens the unity, integrity, security or
sovereignty of Peru or the friendly relations with foreign states; or is
unlawful in any way whatsoever; or consists of or contains computer
viruses, political campaigning, commercial solicitation, chain letters,
mass mailings and any form of spam intended to cause annoyance,
inconvenience or needless anxiety.
-
- Mail /
Notices:
- When you use the
Website or send emails or other data, information or communication to Redbus, You agree and
understand that you are communicating with us through electronic records
and consent to receive communications through Redbus
electronic media on a regular basis, as and when required. In case you
require to limit the consent given for the receipt of communications by
electronic means you can follow the steps indicated in our Privacy Policy
detailed in point 6 of these Terms.
- We may
communicate with you by email / SMS or other means of communication that
you provide to us and to the extent that you have authorized it. At any
time, you may grant, withdraw or re-grant such consent. Redbus operates within the scope of Law 29733
(Protection of Personal Data), Law 28493 (Antispam Law), the Register
"Thank you, do not insist" and other legal provisions
applicable in Peru.
- Exclusion of
Warranties and Liability:
- This Web Site
and the services inherent therein (including but not limited to software)
included or otherwise made available to You through this Web Site, except
for Transportation Services that are provided by Carriers in accordance
with these Terms, are provided on an “as is” and “as available” basis, at
the time of contracting or using the Web Site, except as otherwise
specified by Redbus in writing or on the Web
Site.
- Notwithstanding
the preceding paragraph, the Web Site does not warrant that: (i) The Web Site will be constantly available or
available at all; or, That the information provided by the Carriers and
reflected on the Web Site is complete, truthful, accurate or not
misleading, since, as specified in these Terms, the information of the
Transportation Service is exclusively the responsibility of the
Providers.
- Redbus
shall only be liable to You for the content, use and operation of, or in
connection with, the Web Site. In that regard, Redbus
warrants that this Web Site; the information and product content (i.e.
software), the Facility, the Redbus servers;
and electronic communication(s) sent by us are secure communications and
sites for the User, in accordance with industry standards.
Notwithstanding the foregoing, Redbus states
that despite all efforts and high security standards, the Web Site may be
exposed to cyber-attacks that may affect its operation and/or security,
which would be immediately brought to the attention of the Users.
- You may be
required to enter a valid telephone number while booking a bus ticket on
the Web Site. By registering your telephone number with us, you consent
to be contacted by us for the purposes of the transaction on the Web
Site. Redbus will not use your personal
information to initiate any promotional phone calls or sms, without your prior consent.
- For the purposes
of booking bus tickets through the Web Site, we guarantee that we will be
responsible for the following activities:
- Issuing a valid
ticket (a ticket that will be previously accepted by the bus operator,
i.e. the Service Provider); and,
- Providing
support and information to the customer (User) in the event of any
delay(s) in the departure of a bus, or of other inconveniences that may
arise. This information will be provided on basis of what the Provider
reports to Us.
- Redbus will process
the ticket cancellation request of customers subject to the cancellation
and refund policy of the relevant bus operator (Supplier). The
cancellation fee may differ for each bus operator (Supplier).
- Notwithstanding
the foregoing, we do NOT assume any liability for the following:
- The bus of a
specific operator (Provider) does not depart from / arrive at the
pick-up or destination point on time;
- The employee(s)
of the bus operator(s) being rude or impolite to you;
- The operator's
bus seats or trip not being up to Your expectations;
- The bus
operator modifies and/or cancels your bus ticket reservation partially
or totally due to unavoidable reasons, as described in the clauses hereinbelow;
- Your luggage is
lost / stolen / damaged;
- The bus
operator changes a customer's seat at the last minute in order to
accommodate a lady, an elderly person or a child as passengers;
- The bus departs
without You being aboard the bus, while You were waiting at the wrong
boarding point (please call the bus operator to find out the exact
boarding point in case You are not a regular passenger of a specific bus
operator);
- The bus
operator changes the boarding point and/or employs a pick-up vehicle at
the boarding point to take passengers to the departure point of the bus;
and
- The bus
operator does not allow luggage beyond a predetermined limit, or of
certain characteristics, at the bus operator's sole discretion and as
detailed in the bus operator's (Supplier's) Terms and Conditions.
- Payment:
- Through Your use
of any of the payment methods available on the Web Site, Redbus shall not be responsible or liable in any way
whatsoever for any losses or damages arising to You either directly or
indirectly due to any of the following reasons:
- Lack of bank or
analogous authorization for any transaction; or
- Exceeding the
limit prefixed and mutually agreed upon by You and any bank(s); or
- Any problem
with the payment arising from the transaction (unless the
problem is caused by a malfunction of the Web Site attributable to Redbus); or
- Decline the
transaction for any other reason(s).
- Please note that:
- Transactions,
the transaction price, and all commercial terms governing the provision
of transportation services are on a principal-to-principal basis and on
basis of the bilateral contractual obligations existing between You and
the chosen bus operator (Supplier). Payment facilities or means of
payment are tools used by You and the bus operator to facilitate the
closing of the transaction. The use of the Payment Facility will not
make Redbus responsible or liable for
non-delivery, non-receipt, non-payment, damage or injury, breach of
representations and warranties, or fraud with respect to the
transportation services offered by the bus operators (Providers) on the
Web Site.
- You have
specifically authorized the Web Site or its service providers to
collect, process, facilitate and remit payments and/or the transaction
price electronically. Your relationship with the Web Site is on a
principal-to-principal basis and, by accepting these Terms, You agree that the Web Site is an independent
contractor for all purposes and has no control of or responsibility for
the Transportation services offered by the bus operators (Providers)
through the Web Site, which are paid for through the use of the payment
facility.
- You understand,
accept and agree that the payment facility
provided through any third party on the Web Site is neither a banking,
nor a financial service provided by Redbus,
but merely a facilitator providing an electronic, automated, online
facility for the remittance and collection of electronic payments for
Transactions made on the Web Site, which utilizes current authorized
banking and credit card payment gateway infrastructure networks. In
addition, when providing the payment facility, the Web Site is not
acting as a trustee or acting in a fiduciary capacity with respect to
the transaction or the transaction price.
- You understand
and agree to pay Redbus the following:
- Pay Redbus the equivalent of 3% of each ticket
(including IVA) for the use of the Platform and the facilities that you
will have for the use of the Platform.
- The collection
of the commission for the use of the platform will not be refundable in
any case, except when there is a fortuitous event or force majeure or,
when the sale could not be completed due to failures of the Platform itself.
- The collection
of the commission for the use of the Platform will be reflected before
the final payment of the transaction (check out). The amount detailed
for the commission for the use of the Platform includes IVA.
- The collection
of the commission for the use of the Platform does not imply in any case
the responsibility of Redbus for the Transport
Service, since said service continues to be the exclusive property of
the Transport Providers, nor does it imply management or administration
of any kind with respect to Transport Services by Redbus.
- Transaction Fees
/ Interbank Transfers and Other Fees:
Additional
costs may be generated by your issuing bank, for more information go to:
- Cancellation and Refund Policy:
Cancellation policy
redBus
will process any ticket cancellation request form in accordance with the bus
operator's (Supplier's) cancellation and/or refund policy. The cancellation fee
and the period taken to process the refund will differ according to each bus
operator. Please refer to the bus operator's cancellation policy.
How does
the customer cancel a ticket?
Please
login to our Web Site or App, go to the Cancellation option and start the
process, each bus operator has its own cancellation policy; you can write to us
at +51 1 6421555 for all cancellation related queries. Our customer support
team will help you process the request according to the bus operator's
cancellation policy.
Refund
Policy
The
Customer shall be entitled to a 100% refund of the fare as
long as the Supplier does not charge a cancellation penalty. The
Customer shall not be entitled to a refund for the cancellation of tickets if
such request is made beyond the established times. The service
charge and travel insurance are non-refundable.
- Transportation Policy:
- You are
responsible for ensuring that your travel date, time
and destination are correct prior to requesting/booking bus tickets or
when you select to confirm your ticket purchase on the Web Site. Please
check the Cancellation Policy available on the Web Site for details
regarding cancellation and refunds.
- You are solely
responsible for being at the designated boarding point reasonably in
advance of the departure time. We are not responsible if you fail to
board the bus around the time the bus is scheduled to depart.
- The bus
operators (Providers) reserve the right to refuse to transport you and
your luggage on the bus for any reasonable and/or justifiable reason,
including but not limited to:
- Carrying
smuggled goods, illegal, dangerous or
controlled substances, fragile, oversized or overweight luggage. Unruly
behavior, drunkenness or any other conduct that the bus operator
considers to affect the comfort or safety of
other passengers.
- Being unable to
display a valid government-issued identification while on the trip.
- Your fare
payment for the ticket is fraudulent;
- Your seat
reservation was made fraudulently or unlawfully, or was acquired from an
unauthorized person;
- The credit card
by means of which your payment for the ticket reservation was made has
been reported as lost or stolen;
- The itinerary
or reservation or confirmation ticket is false or was fraudulently obtained;
- The itinerary
of your reservation has been altered by a person other than Redbus or our authorized agents, by express
instructions from you;
- You are unable
to produce a valid and legible boarding ticket for the journey you
intend to make. The boarding ticket constitutes evidence of the contract
of carriage between the bus operator (Supplier) and the boarding ticket holder;
- You are deemed
medically unfit to travel and could pose a health risk to other
passengers on board the bus, at the sole discretion of the bus operator;
- You fail to
arrive in time to board, prior to the departure time, or fail to board
the bus at the bus departure time. Notwithstanding the Terms, the User
declares that he/she is aware of the special terms and conditions of the
Supplier that will provide the Transportation Service. Furthermore,
he/she undertakes to review the Supplier's terms prior to the provision
of the Service.
- If the bus
operator (Supplier) has refused to carry You or has found it necessary to
remove You from transportation pursuant to the above reasons, We reserve the right to cancel the unused ticket and
You will not be entitled to further transportation or a refund of the
fare. We shall not be liable for any indirect or consequential losses,
damages, costs or fees that You may incur due to
the bus operator's refusal of transportation. Minors will not be allowed
to book tickets on their own and will not be allowed to travel alone.
They must be accompanied by at least one adult with a Notarized or Court
Authorization to Travel for Minors.
- Children above
the age of five (5) years old are required to have a bus ticket for the
regular ticket fare, unless otherwise stated by a specific bus operator
in its terms and conditions.
- Bus operators
reserve for themselves the right to reschedule, cancel and/or delay any
trip and to substitute other buses for reasons they may deem necessary to
proceed in such a manner, and shall make such reasons known to the
passengers in a timely manner.
- You are
responsible for ensuring that you carry valid and necessary
government-issued personal identification documents, such as a passport,
National Identity Card (DNI) or Alien Registration Card (CE), for the
trip. According to MTC regulations, people under 15 years of age,
pregnant women and babies in their arms are not allowed to occupy seats
in Panorámico.
- Intellectual Property
Rights:
- The content
included in the Web Site, including but not limited to text, graphics,
trademarks, distinctive signs, logos, button icons, images, audio clips,
digital downloads, data collection and software, is the property of
redBus, its affiliates or its content providers, and is protected by
Peruvian law and international standards on intellectual property rights
and protection of personal data.
- The collection
of all content on this Web Site is the exclusive property of RedBus and
its affiliates and is protected by Peruvian law and international
copyright and personal data protection laws. All software used on this
Web Site is the property of Redbus, its
affiliates or its software suppliers and is protected by Peruvian and
international copyright laws.
- You may not
systematically extract and/or reuse any part of the content of the Web
Site without our express written consent. In
particular, you may not use data mining, robots or similar
harvesting and extraction tools to extract (either once or many times)
for reuse any substantial part of this Web Site without the express
written consent of Redbus. You may not, in
addition, create and/or publish your own database featuring or containing
substantial portions (e.g. prices and service listings) of the Web Site
without the express written consent of Redbus.
- You may not use Redbus trademarks for any purpose without our express
permission. We reserve the right to take legal action if we discover any
infringement of our intellectual property rights.
- Official
Responsible for Handling Complaints:
In the
event of any consumer complaint and notwithstanding the virtual Complaint Book
contained on the Web Site, the End User may contact Redbus
at the mailing address provided below:
contaco@redbus.pe
- Indemnification:
- You will
indemnify and hold Redbus, its subsidiaries,
affiliates and their respective officers, directors, agents
and employees, harmless from any claim or complaint, or froactions including reasonable attorneys' fees,
brought by any Third Party or penalty imposed on them arising out of Your
breach of these Terms or any document incorporated by reference, or Your
violation of any law, rule, regulation or the rights of a Third Party.
- You hereby
expressly release Redbus or any of its
affiliates or officers and representatives, from any costs, damages, liability or other consequences of any of the
actions/inactions of the suppliers (third parties and/or bus operators)
and specifically waive any claims or complaints to which You may be
entitled under any statute, contract or otherwise, except in cases of
willful misconduct or inexcusable fault.
- Losses:
Redbus shall not be liable for any loss (including loss
of profits, loss of revenue, contracts, anticipated savings, goodwill
or estimated losses) or any other indirect or consequential loss arising from
the User's misuse of the Web Site, unless the loss arises from the malfunction
of the Web Site attributable to Redbus.
The User
represents and acknowledges that in case of loss or damages in general, caused
by the Transportation Service Provider, the Transportation Service Provider and
not Redbus shall be solely liable to compensate the
User for such loss or damage.
- Applicable Law
and Jurisdiction:
These
Terms shall be governed by and construed in accordance with the laws of Peru.
The courts located in Lima Cercado shall have exclusive jurisdiction with
respect to any disputes arising out of or relating to these Terms.
- Suspension, Termination
or Cancellation:
The Web
Site may suspend, cancel or terminate Your account
registered with us, with or without prior notice, if we believe in good faith
that You have breached these Terms or any other terms or policies of Redbus referred to herein.
Redbus reserves the right, in its sole discretion, to
accept, hold and/or cancel any bus ticket reservations made by You on the
redBus Web Site, the redBus mobile Web Site and the redBus mobile applications,
which are deemed fraudulent or suspicious by redBus.
- Amendment / Modification:
Redbus reserves the right to amend these Terms at any
time, with or without prior notice; however, notice will be given on the Web
Site of any amendments to the Terms at the time they are uploaded or posted to
the Web Site. Redbus may request your acceptance of
the Terms again in the event of any variation of the Terms.
Notwithstanding
the foregoing, Users must expressly accept the Terms [by confirmation via check
box] prior to each transaction made on the Web Site.
- Limitation of
Liability:
Redbus shall not be liable for any damages or injury of
any kind, including but not limited to: direct,
indirect, incidental, punitive and consequential damages arising out of the
User's misuse, improper or fraudulent use of the Web Site, the facilities, the
transaction processing service, or the User's inability to contract.
Redbus shall be solely liable for direct damages or
losses caused by the malfunction of the Web Site attributable to Redbus, provided that the User proves the direct damage
caused.