1. Description

HOOP SOLUTIONS, S.L. with Tax ID No. B88304126 and registered office at C/ Espronceda 40, Local Zinco, Chamberí, 28003 Madrid (Spain), has developed a carpooling platform registered under the trademark “TRIBBU,” accessible through the mobile app or the web platform tribbuapp.com. This platform is designed to connect drivers travelling to a specific destination with passengers heading to the same or a similar destination, so that they can share the journey and the associated costs (hereinafter referred to as the “App”)

These Terms and Conditions govern access to and use of the App. Please read them carefully. 

TRIBBU acts exclusively as digital intermediation platform that facilitates contact between Users and, unless expressly provided in these Terms and Conditions, TRIBBU is not a party to any agreement that may be entered into between the Driver and the Passenger regarding the organisation, execution or conditions of the Trip, nor does it assume any liability arising from the relationship that may be established between said Users.

By clicking on “Register with an email address,” you acknowledge that you have read and accepted these General Terms and Conditions of Use (hereinafter, the “GTCU”) in their entirety.

2. Definitions

For the proper interpretation of this document, the following definitions shall apply:

“Account” means the account that must be created in order to become a User and access certain services offered by the App.

“App” or “Platform” means, interchangeably, the mobile application, the website and any other digital channels owned or operated by TRIBBU through which Users may register, access the Services, publish and consult Announcements, reserve Seats, undertake Trips, participate in the BBono Energético Programme and use the other functionalities offered by TRIBBU.

“Available Balance” means the amount associated with Certified Trips that have fulfilled all the requirements set out in these GTCU and which, following the relevant Certification and any other applicable verifications, has been made available by TRIBBU for withdrawal by the User in accordance with the conditions set out in these GTCU. Only the Available Balance may be withdrawn by the User, provided that the additional requirements regarding the minimum withdrawal amount, identity verification, fraud prevention and any other operational controls established by TRIBBU have been met.

“Balance Under Review” means the amount associated with one or more Trips in respect of which TRIBBU has carried out a preliminary technical validation or is currently carrying out the relevant verifications, but which have not yet obtained the Certification required under the CAE System or have not met all the requirements necessary to become an Available Balance. The Balance Under Review is provisional, estimated and non-enforceable, may be modified, reduced, cancelled or excluded where the requirements set out in these GTCU are not met, and does not give rise to any right of withdrawal, payment or disposal on the part of the User.

“BBono Energético” means the financial incentive to which a User may become entitled in respect of an eligible Trip, once all the requirements set out in these GTCU have been fulfilled and, where applicable, the corresponding Certification has been obtained within the framework of the CAE System.

“BBono Energético Programme” means TRIBBU's incentive programme through which certain Trips may generate a BBono Energético, in accordance with these GTCU and the applicable regulations.

“Booking Confirmation” shall have the meaning attributed to it in Clause 4.2 below.

“CAE” means the Energy Saving Certificate, an electronic document issued, registered or recognised in accordance with the applicable regulations governing the CAE System, which certifies the achievement of a specific amount of final energy savings resulting from an eligible measure.

“CAE Incentive” means the financial consideration that TRIBBU may grant to the Driver as a result of the assignment of the rights to the energy savings generated by an eligible Trip within the CAE System, in accordance with the conditions set out in these GTCU.

“Certification” means the procedure for the verification, validation, recognition or official certification of the energy savings associated with an eligible Trip, carried out by the Ministry for the Ecological Transition and the Demographic Challenge ("MITECO") or by the applicable authority, body, entity, accredited verifier, obligated party, delegated party or any other competent third party in accordance with the regulations governing the Energy Saving Certificates System ("CAE System"). Certification constitutes an essential requirement for the amounts associated with a Trip to acquire the status of Available Balance, without prejudice to any other verifications, settlements or requirements set out in these GTCU.

“Certified Trip” means a Trip which, having passed TRIBBU's Internal Validation, has subsequently been certified, validated, verified or recognised in accordance with the CAE System regulations by MITECO or by the applicable authority, entity, verifier or competent body, thereby enabling the amounts associated with that Trip to acquire the status of Available Balance in accordance with these GTCU.

“Driver” means the User who uses the App to share a Trip with one or more Passengers, transporting them in the Driver's private vehicle in exchange for the sharing of the costs associated with the Trip, on the date and at the time previously arranged by the Driver.

“Fraud” means any intentional, abusive or bad-faith conduct, whether individual or coordinated, aimed at (i) improperly obtaining payments, incentives, balances or advantages through the App; (ii) manipulating or falsifying the verification of Trips or Users; or (iii) circumventing the Platform's controls, including, without limitation, simulating Trips, registering or declaring false information, falsely claiming to travel in a private vehicle where this is not the case, using multiple devices or accounts to simulate Trips, making fictitious Reservations, or engaging in any analogous conduct. For the purposes of these GTCU, this definition shall include any conduct capable of constituting the criminal offence of fraud under the Spanish Criminal Code.

“GTCU” means these General Terms and Conditions of Use.

“Identity Theft” means the unauthorised use of another person's identifying data, credentials, documents or images, or the creation, access to or use of an Account while impersonating a third party, regardless of whether economic harm is caused to other Users or to TRIBBU.

“Internal Validation” means the technical, operational and anti-fraud process carried out by TRIBBU in relation to a Trip through the analysis of the information available on the Platform, including, among other elements, the identity of the participating Users, Reservations, the commencement and completion of the Trip, geolocation data, GPS traces, the distance travelled and any other technical evidence necessary to verify, on a preliminary basis, compliance with the requirements set out in these GTCU. Internal Validation is exclusively preliminary, technical and informational in nature and does not constitute Certification of the Trip nor, by itself, give rise to any right to payment, withdrawal, settlement or receipt of the CAE Incentive.

“Listings” means a listing relating to a Trip published by a User acting as a Driver on the App.

“Passenger” means the User who has agreed to share a Trip with the Driver or, where applicable, the person on whose behalf a User has reserved a Seat.

“Reservation” shall have the meaning attributed to it in Clause 4.2.1 below;

“Seat” means the seat reserved by a Passenger in the Driver’s vehicle for the purpose of completing a Trip;

“Security Verification Measures” means the technical, documentary and/or operational checks reasonably implemented by TRIBBU in order to (i) verify the User's identity; (ii) validate the authenticity of a Trip; (iii) prevent Fraud and/or Identity Theft; and/or (iv) protect the security and integrity of the Platform, including, without limitation, telephone number verification, email verification, the request for and verification of identity documents, verification by means of photographs or selfies, consistency checks against the User's profile, verification of the User's presence during the Trip, and any equivalent measures.

“Segment” means a section of a Trip defined by intermediate pick-up and/or destination points where the Trip is divided into stages within the App.

“Services” means all services offered by TRIBBU through the Platform and/or via the App.

“Shared Costs” means, in relation to a particular Trip, the amount requested by the Driver and accepted by the Passenger as their contribution to the costs associated with the Trip.

“TRIBBU” means the trade name and trademark used by HOOP SOLUTIONS, S.L. for the provision of carpooling services through the Platform.

“Trip” means the journey that is the subject of an Announcement published by a Driver on the App, whereby such Driver offers to share a journey with one or more Passengers in exchange, where applicable, for their contribution to the Shared Costs associated with that journey. Trips shall be occasional, non-professional and non-commercial in nature. Within the framework of incentive programmes, bonus schemes or the BBono Energético Programme operated by TRIBBU, each User may undertake a maximum of four (4) eligible Trips per calendar day. Furthermore, Trips eligible to generate incentives, bonuses or BBonos Energéticos may not exceed, unless TRIBBU expressly establishes a different limit, a maximum distance of one hundred and seventy (170) kilometres per Trip. TRIBBU may technically restrict the publication, editing, validation, certification or bonus eligibility of Trips that fail to comply with such limits or with any other requirements set out in these GTCU.

“User” means any person who has created an Account in the App;

“User-Generated Content” shall have the meaning attributed to it in Clause 12.1;

“Wallet” means the personal area of the Platform where the amounts associated with the User's Trips are displayed, distinguishing between the Balance Under Review and the Available Balance.

“Website” or “Web Platform” means the website accessible at the address www.tribbuapp.com.

3. Registration on the App and Account Creation

3.1 Registration Requirements

The Platform may only be used by individuals who are at least eighteen (18) years of age. Registration on the Platform by any minor is strictly prohibited. By registering for, accessing or using the Platform, the User represents and warrants that they satisfy this requirement and have the legal capacity to accept these GTCU.

The Platform is intended exclusively to facilitate the sharing of private vehicles for occasional journeys between Users. Any use for professional, business, commercial, profit-making or organised or habitual transport activities is expressly prohibited. 

Accordingly, the User undertakes to use the Platform in accordance with its collaborative purpose and to comply at all times with the operational limitations established by TRIBBU, including those relating to the territorial scope of Trips, the maximum number of eligible Trips and any other requirements established for participation in the BBono Energético Programme.

3.2 Account Creation

The use of certain functionalities of the Platform requires the prior creation of a User Account. To do so, the User must complete the registration form, provide truthful, accurate and up-to-date information, and accept these GTCU and the Privacy Policy.

TRIBBU may require, either during the registration process or at any time thereafter, the completion of identity verification procedures, which may include, among others:

• verification of the User's telephone number or email address;
• submission of official identification documents;
• verification through a selfie or any other reasonably necessary mechanism to verify the User's identity; and
• declarations confirming the accuracy of the information provided.

These verification procedures are intended to protect the security of the Platform, prevent Fraud, avoid Identity Theft, and ensure the proper operation of the Services and of the BBono Energético Programme.

Completion of such verification procedures may constitute a mandatory requirement in order to access or maintain certain functionalities of the Platform, participate in specific programmes, submit Trips to Internal Validation or Certification processes, or request the withdrawal of an Available Balance.

The successful completion of any verification procedure shall not, in itself, constitute Internal Validation or Certification of a Trip, nor shall it create any financial entitlement in favour of the User..

The User shall be responsible for ensuring that all information relating to their Account remains accurate and up to date throughout the duration of their relationship with TRIBBU.

The User shall also be solely responsible for the use of their Account and for maintaining the confidentiality of their access credentials, unless the User has previously notified TRIBBU of the loss, theft, unauthorised use or any other incident that may compromise the security of the Account..

Users are expressly prohibited from creating or using more than one Account, or from assigning, lending, renting, sharing or otherwise allowing third parties to use their Account.

Failure to comply with these obligations, an unjustified refusal to complete the required verification procedures, the provision of false or inaccurate information, or the existence of reasonable indications of Fraud may result, where appropriate, in the suspension of Platform functionalities, Internal Validation or Certification processes, participation in the BBono Energético Programme, the User's Account or the Balance Under Review, without prejudice to any legal actions that may be available..

3.3 User and Trip Verification

In order to ensure the security of the Platform, prevent Fraud and verify the proper functioning of the Services and the BBono Energético Programme, TRIBBU may carry out verification procedures relating both to the identity of Users and to the authenticity of Trips recorded on the Platform.

Such verification procedures may include, among other measures:

• verification of the information provided by the User;
• documentary verification of the User’s identity;
• validation of telephone numbers or email addresses;
• capture of individual or group photographs or selfies;
• verification of the physical presence of the occupants during the Trip;
• analysis of geolocation data, distances travelled, GPS tracks and any other technical evidence associated with the Trip; and
• any other technical, documentary or operational check that TRIBBU reasonably considers necessary to prevent Fraud and verify the authenticity of the Trip.

Verification procedures may be carried out randomly or on the basis of objective risk criteria established by TRIBBU.

Where necessary, certain verification procedures may constitute a mandatory requirement for a Trip to continue through the Internal Validation process and, where applicable, the Certification process within the BBono Energético Programme.

The completion or successful outcome of any such verification procedure shall not imply that the Trip has been Internally Validated, Certified or accepted within the BBono Energético Programme, nor shall it give rise to any entitlement to the CAE Incentive, the conversion of the Balance Under Review into an Available Balance, or the withdrawal of any amount.

The User acknowledges and accepts that the verification procedures described in this section constitute solely a preliminary requirement for a Trip to proceed through the review, validation and, where applicable, Certification process.

In the event that the User unjustifiably refuses to complete the required verification procedures, breaches these GTCU, or objective inconsistencies are detected that reasonably call into question the authenticity of the Trip or the identity of the User, TRIBBU may adopt, among others, one or more of the following measures:

1. limit or suspend certain Platform functionalities;
2. suspend the Internal Validation or Certification process relating to one or more Trips;
3. maintain the amounts associated with a Trip as a Balance Under Review while the relevant checks are carried out;
4. exclude the Trip from the BBono Energético Programme where it is not capable of being certified or fails to satisfy the applicable requirements;
5. prevent the amounts associated with the Trip from acquiring the status of Available Balance; and/or
6. suspend or terminate the User's Account..

The processing of personal data obtained during these verification procedures shall be carried out in accordance with TRIBBU's Privacy Policy.

Any reference on the Platform to Users, Trips or information as being "verified", "validated" or any equivalent expression refers exclusively to the successful completion of certain internal checks implemented by TRIBBU and shall not, by itself, imply that the Trip has obtained the corresponding Certification or that any debt or payment obligation is owed by TRIBBU.

Only those amounts corresponding to Trips that have obtained the relevant Certification, successfully passed all applicable technical, legal, operational and anti-fraud verifications, and acquired the status of Available Balance in the Wallet may be withdrawn by the User in accordance with these GTCU. While an amount remains designated as a Balance Under Review, it shall remain purely provisional, may be modified or removed, and shall not constitute an enforceable debt owed by TRIBBU to the User.

4. Use of the Services

4.1 Publishing Listings

As a User, provided that you comply with the conditions set out below, you may create and publish Listings on the App by entering information relating to the Trip you intend to make (dates/times, pick-up and destination points, number of Seats offered, available options, amount of Shared Costs, etc.).

You may only publish a Listing if you comply with each and every one of the following conditions:

1. you hold a valid driving licence;
2. you publish Listings only in respect of vehicles that you own or are authorised to use with the express consent of the owner, and you are authorised to use such vehicle for carpooling purposes;
3. you are, and will remain, the principal driver of the vehicle covered by the Listing;
4. the vehicle is covered by, at a minimum, valid third-party liability insurance;
5. you do not suffer from any medical condition or incapacity that prevents you from driving;
6. the vehicle to be used for the Trip is a four-wheel passenger car with a maximum of seven (7) seats, excluding so-called "licence-free vehicles", light quadricycles and quad bikes;
7. you do not intend to publish another Listing for the same Trip on the App for the same date and time;
8. you do not offer more Seats than are available in your vehicle or permitted by the App;
9. every Seat offered is equipped with a seat belt, even if the vehicle is legally approved with seats that do not have seat belts;
10. you use a vehicle that is roadworthy, complies with all applicable legal requirements and has a valid roadworthiness inspection certificate (ITV);
11. you comply with the provisions set out in Section 3;
12. you acknowledge that you are solely responsible for the content of the Listing you publish on the App. Accordingly, you represent and warrant that all information included in your Listing is true and accurate, and you undertake to complete the Trip under the conditions described therein;
13. the vehicle to be used for the Trip must not be intended, whether wholly or partially, for the performance of professional or economic activities, nor may it be assigned to the provision of public services or be subject to specific administrative licences, authorisations or permits. By way of illustration only, and without limitation, the following are excluded: buses, taxis, VTC vehicles, ambulances, police vehicles, official vehicles of the State, Autonomous Communities, local authorities or any public body, military vehicles, armoured vehicles, special-purpose vehicles, machinery, industrial vehicles and, generally, any vehicle that does not satisfy the requirements for classification as a private vehicle for the purposes of the CAE System.

Provided that your Listing complies with these GTCU, it will be published on the App and may therefore be viewed by all Users carrying out searches through the App or through the websites of companies associated with TRIBBU. TRIBBU reserves the right, at its sole discretion and without prior notice, to refuse to publish or to remove at any time any Listing that does not comply with these GTCU or which it considers may damage its reputation, the reputation of the App or the reputation of the Services.

You acknowledge and agree that the criteria used to classify and determine the order in which your Listing appears among other Listings are determined exclusively by TRIBBU.

TRIBBU and the service promoter reserve the right to modify the incentives applicable to the Platform at any time, provided that Users are duly informed of such changes.

4.1.1 TERRITORIAL LIMITATIONS ON TRIPS

In order to ensure that the Platform continues to be used within the scope of collaborative, non-professional transport, Users acknowledge and agree that Trips carried out through the App shall be subject to the following operational limitations:

1. Trips carried out through the Platform may take place either within the same province or between different provinces, provided that they comply with the requirements and limitations set out in these GTCU and, where applicable, in the relevant incentive programmes.
2. Trips eligible to participate in the BBono Energético Programme may not exceed a maximum distance of one hundred and seventy (170) kilometres per Trip.
3. The App may technically restrict the publication, editing, validation or bonus eligibility of Trips that do not comply with the limitations established in this section.
4. Failure to comply with these limitations may result in the cancellation of the Trip, its exclusion from the BBono Energético Programme, the temporary suspension of certain Account functionalities or, in cases of Fraud or repeated breaches of these GTCU, the suspension or termination of the User's Account.

4.1.2 DAILY LIMIT TRIP

In order to preserve the occasional nature of the App and prevent professional or intensive use of the service, Users acknowledge and agree that: 

1. Each User may complete a maximum of four (4) Trips eligible for the BBono Energético Programme per calendar day.
2. For the purposes of this limit, a Trip shall mean any journey published or completed through the App, regardless of the number of Passengers carried or the number of Reservations associated with it.

3. TRIBBU may establish additional eligibility limits applicable to Trips eligible for the BBono Energético Programme, including, without limitation:

1. maximum daily mileage eligible for incentives, which at the date of publication of these GTCU is three hundred and forty (340) kilometres per User per calendar day;
2. minimum intervals between Trips, requiring at least sixty (60) minutes to elapse between the end of one Trip and the start of the next for both Trips to qualify under incentive or bonus schemes
3. TRIBBU may implement technical, operational or algorithmic control mechanisms to verify compliance with these daily limits and with the eligibility conditions applicable to incentive-eligible Trips.

4. Where such limits or conditions are not complied with, TRIBBU may, among other measures: 

1. Exclude certain Trips from the BBono Energético Programme; 

2. Prevent the publication, validation or participation of new Trips within that Programme; 

3. Cancel Trips where appropriate under these GTCU; and/or
4. Temporarily restrict or suspend certain functionalities relating to the BBono Energético Programme.

4.2 Booking a Seat

TRIBBU has implemented an online Seat booking system ("Reservation") for certain Trips offered through the App.

Where a Passenger is interested in a Listing, the Passenger may submit an online Reservation request. Such Reservation request shall be automatically accepted by the Driver. At the time the Reservation is made, the Passenger shall make the online payment, through the payment service provider, of the amount corresponding to the Shared Costs and, where applicable, the related Management Fees. Once payment has been received by TRIBBU and, where applicable, the Reservation has been validated by the Driver, the Passenger will receive a booking confirmation (the "Booking Confirmation").

If the Reservation request is rejected by the Driver or expires, the Passenger shall receive a refund of the full amount paid when submitting the Reservation request.

Upon issuance of the Booking Confirmation, TRIBBU shall provide the Passenger with the Driver's telephone number and the Driver with the Passenger's telephone number. From that moment onwards, each User shall be solely responsible for complying with the agreement entered into with the other User in relation to the relevant Trip.

4.2.1 NATURE OF SEAT RESERVATIONS AND USE OF THE SERVICES ON BEHALF OF THIRD PARTIES

Any use of the Services, whether as a Passenger or as a Driver, is linked to a specific identity associated with a User Account. The identity of both the Driver and the Passenger must correspond to the identity provided by them to TRIBBU and to the other Users participating in the Trip.

The App is designed exclusively for reserving Seats for individuals. It is prohibited to reserve a Seat for the transportation of packages, goods, unaccompanied animals or any other physical item without the presence of a User participating in the Trip.

It is also prohibited to publish a Listing on behalf of a Driver other than the User who is the holder of the relevant Account.

4.3 Rating System

4.3.1 OPERATION

TRIBBU allows Users to publish reviews and ratings regarding other Users with whom they have shared a Trip or with whom they were scheduled to share a Trip booked through the Platform. Users may not publish reviews or ratings concerning Users with whom they have neither shared, nor were scheduled to share, a Trip.

Reviews and ratings submitted by Users shall be published on the Platform when either of the following occurs: (i) both Users have submitted their respective ratings; or (ii) fourteen (14) calendar days have elapsed since the first rating was submitted, whichever occurs first.

Users may reply to reviews received. Both the review and, where applicable, the corresponding reply shall be displayed on the User's profile in accordance with the operation of the Platform.

4.3.2 MODERATION

TRIBBU may review, moderate, refuse to publish or remove any review, rating or reply where it reasonably considers that its content breaches these GTCU, the applicable law, or is unlawful, offensive, defamatory, discriminatory, fraudulent or otherwise contrary to the purpose of the Platform.

4.3.3 LIMIT

TRIBBU may temporarily restrict certain Account functionalities, suspend the Account or terminate it where, having regard to all the relevant circumstances, it considers that the User's conduct compromises the security, trustworthiness or proper functioning of the Platform.

For these purposes, TRIBBU may take into consideration, among other factors, whether the User has received at least three (3) negative ratings and maintains an average rating of three (3) stars or less, without prejudice to taking into account any other breaches of these GTCU or objective indications of misuse of the Platform.

5. Economic Terms and Payment Conditions

Trips published on the Platform may be subject to different financial arrangements depending on their type, whether or not Shared Costs are payable between the Driver and the Passenger, and whether they participate in the BBono Energético Programme.

This Section governs, firstly, the rules applicable to Shared Costs and payments made between Users through the Platform and, secondly, the general rules applicable to the Wallet, without prejudice to the specific rules governing the BBono Energético Programme, which are set out in Section 15 of these GTCU.

Access to and registration on the App, as well as searching for, viewing and publishing Listings, are free of charge. However, Reservations may only be completed upon payment of the applicable amount under the conditions described below.

5.1 Economic Models for Trips

For the purposes of these GTCU, Trips published on the Platform may operate under one of the following economic models:

1. Trips with Shared Costs: The Passenger contributes to the cost of the journey by paying the Shared Costs determined by the Driver in accordance with these GTCU. Such Trips do not necessarily participate in the CAE System.
2. Trips without Shared Costs linked to the BBono Energético: The Driver may offer a Trip without requiring any payment from the Passenger. In such cases, no payment obligation shall arise between the Users, without prejudice to the possibility that the Trip may qualify for participation in the BBono Energético Programme.
3. Mixed Trips: The Passenger contributes to the Shared Costs of the Trip and, in addition, the Trip may qualify for participation in the BBono Energético Programme. Participation in the BBono Energético Programme constitutes a regime separate and independent from the financial relationship between the Driver and the Passenger and does not, in itself, confer any entitlement to a BBono Energético or to receive any payment until all the requirements set out in these GTCU have been satisfied.

5.2 Shared Costs

Shared Costs shall be freely determined by the Driver under the Driver's sole responsibility, subject to any technical or functional limits that TRIBBU may establish in order to preserve the collaborative nature of the Platform.

The Driver undertakes that the amount requested from Passengers shall not exceed the actual costs associated with the Trip, such as fuel, tolls or other expenses directly related to the journey, excluding any element of profit.

It is expressly prohibited to use the Platform for the purpose of carrying out professional transport activities or generating financial profit through the publication of Trips.

TRIBBU may suggest indicative Shared Costs calculated automatically on the basis of the distance, duration or other objective characteristics of the Trip. Such suggested amounts are provided for information purposes only and shall not affect the Driver's sole responsibility for determining the final amount requested.

The existence of Shared Costs shall be independent of any participation by the relevant Trip in the BBono Energético Programme.

5.3 Trips without Shared Costs

The Driver may publish Trips without requiring any payment from Passengers. In such cases:

1. no payment obligation shall arise between the Users;
2. no Shared Costs shall accrue; and
3. no Management Fees associated with such Shared Costs shall apply.

The fact that a Trip is offered free of charge shall not, in itself, make it eligible for participation in the BBono Energético Programme or give rise to any entitlement to receive a BBono Energético.

5.4 Management Fees

Where a Trip includes Shared Costs and uses the payment services made available by TRIBBU, the Platform may charge Management Fees for the use of its technological and intermediation services.

Management Fees shall be disclosed to the User before the Reservation is confirmed and may consist of a fixed amount, a percentage of the Shared Costs, or a combination of both.

Management Fees are separate from the Shared Costs and shall not form part of the amount payable to the Driver.

TRIBBU may amend the Management Fees at any time, informing Users where required by applicable law.

5.5 Rounding

Where technically necessary for the proper operation of the Platform or the payment systems, TRIBBU may apply upward or downward rounding to the amounts displayed to the User.

Such rounding shall be applied solely for technical and operational purposes and shall under no circumstances result in any additional economic benefit for TRIBBU.

5.6 Payment Methods for Shared Costs

5.6.1. PAYMENT PLATFORM 

Payment processing services relating to Shared Costs between Drivers and Passengers are provided by an external payment service provider, currently Stripe, and shall be governed by the terms and conditions of such provider in force from time to time, which are available at the following link (hereinafter, the “Stripe Services Agreement”).

By accepting these GTCU or continuing to use the Platform as a User of TRIBBU, you agree to comply with the obligations set out in the Stripe Services Agreement, as amended by Stripe from time to time, insofar as such obligations are necessary for the proper execution of payments relating to Trips involving Shared Costs.

TRIBBU does not provide payment services, does not act as a payment institution or financial institution and does not hold Users' funds. Its role is limited to providing the technological infrastructure necessary to facilitate payments made through the Platform.

5.6.2. PAYMENT OF SHARED COSTS

Once a Trip has been confirmed in accordance with these GTCU, the amount corresponding to the Shared Costs shall be paid to the Driver through the payment service provider, subject to the applicable operational and security controls.

In order to receive such amounts, the Driver must provide valid bank account details and keep all information required by the payment service provider up to date.

Where payment cannot be made for reasons attributable to the User, including incorrect, incomplete or outdated banking information, TRIBBU shall bear no liability whatsoever.

If any amount corresponding to Shared Costs remains unclaimed by the Driver for a period of five (5) months after becoming available in the Account, TRIBBU may take such measures as may be necessary to deal with those amounts in accordance with applicable law and these GTCU. Any amount that remains unclaimed shall be deemed to belong to TRIBBU.

5.6.3. KNOW YOUR CLIENT (KYC) CHECKS

Prior to the payment of Shared Costs, the payment service provider may require the User to complete customer identification and verification procedures ("Know Your Client" or KYC), together with any other verification required under applicable law.

The User undertakes to provide all documentation and information that may reasonably be requested.

Until such verification procedures have been successfully completed, the payment service provider may temporarily suspend payment of the relevant amounts, without giving rise to any liability on the part of TRIBBU.

These verification procedures are independent from any other identity verification, validation or fraud prevention measures that TRIBBU may carry out under these GTCU.

5.6.4. COLLECTION AUTHORISATION

By using the Platform for Trips involving Shared Costs, the Driver expressly authorises TRIBBU to collect, on the Driver's behalf and for the Driver's account, the amounts paid by Passengers through the payment systems available on the Platform and subsequently to instruct their payment through the payment service provider.

Such authorisation is granted solely for the operational purpose of facilitating payments relating to Trips and shall not confer upon TRIBBU ownership of the funds or the status of a payment institution.

The User further acknowledges that TRIBBU may temporarily withhold the relevant amounts where necessary to deal with incidents, disputes, legal obligations, requests from competent authorities or where there are reasonable indications of Fraud, Identity Theft or misuse of the Platform.

5.6.5. PAYMENT TO THE DRIVER

Upon completion of the Trip, Passengers shall have a period of twenty-four (24) hours to report any incident relating to the Trip.

If no claim is made within that period, or once any reported incident has been resolved, the Trip shall be deemed confirmed and the Driver shall become entitled to receive the corresponding Shared Costs.

Payment shall then be instructed through the payment service provider in accordance with the operational procedures and timelines applicable at that time.

The provisions of this Section govern exclusively the payment of Shared Costs arising from the financial relationship between Drivers and Passengers and shall not apply to the BBono Energético Programme, whose specific rules are set out in Section 15 of these GTCU.

5.6.6. WALLET AND WITHDRAWAL OF FUNDS

The Wallet is the functionality of the Platform that enables the User to view and manage the monetary amounts associated with the User's Account.

Where applicable, the Wallet may display:

1. amounts corresponding to Shared Costs available for withdrawal;
2. BBonos Energéticos that have acquired the status of Available Balance in accordance with Section 15 of these GTCU; and
3. any other amounts that TRIBBU may lawfully recognise in favour of the User under these GTCU.

The mere display of an amount in the Wallet does not necessarily imply that such amount is due or may be withdrawn. In each case, the applicable legal regime governing the relevant amount shall apply..

The User may request the withdrawal of Shared Costs available in the Wallet provided that all of the following conditions are met:

(i) the applicable KYC identification and verification procedures have been successfully completed; and

(ii) the User holds a valid and active bank account of which the User is the account holder.

Withdrawal requests shall remain subject to such technical, operational, security and anti-fraud checks as may reasonably be required.

5.7 Issuance of Payment and Collection Receipts

a) Issuance of Receipts

TRIBBU may make available to Users, through the Platform or by any other appropriate means, receipts, payment confirmations or other supporting documents relating to financial transactions carried out through the Platform.

Such documents shall merely constitute evidence of the relevant transaction and shall not replace any tax, accounting or documentary obligations applicable to each User under the relevant legislation.

Each User shall remain solely responsible for complying with any tax, fiscal or accounting obligations arising from amounts paid or received through the use of the Platform.

TRIBBU may refuse to issue receipts and/or cancel receipts previously issued where there are reasonable indications of Fraud or Identity Theft, or where required to do so by law or by a request from a competent authority.

b) Prohibition on Invoicing by Drivers:

As Drivers do not act as businesses or professionals through the Platform and the sole purpose of the Platform is cost-sharing, Drivers may not issue invoices to either Passengers or TRIBBU in respect of amounts received in connection with a Trip.

Where applicable, only TRIBBU may issue invoices in respect of its own services (for example, commissions or Platform fees), without affecting the non-commercial nature of the relationship between Drivers and Passengers.

c) Limit on Shared Costs and Driver’s liability:

The Driver undertakes not to request Shared Costs exceeding the actual costs of the Trip, excluding the Driver's own share of those costs and without any profit margin. The Driver shall be solely responsible for calculating those costs and ensuring that the amount requested does not exceed them.

d) Verification and Compliance Measures:

TRIBBU may request such information and/or documentation from the User as may reasonably be necessary to verify compliance with this Section.

TRIBBU reserves the right to suspend your Account if you use a chauffeur-driven hire vehicle, commercial vehicle, taxi or company vehicle with the purpose of generating profit through the App. If requested by TRIBBU, you must provide a copy of the vehicle registration certificate and any other information demonstrating that you are authorised to use the relevant vehicle on the App and that you are not deriving any financial profit from its use.

TRIBBU also reserves the right to suspend your Account, restrict your access to the Services or terminate these GTCU where your activity on the Platform, having regard to the nature of the Trips offered, their frequency, the number of Passengers transported and the amount of Shared Costs requested, places you in a position where you generate financial profit, or for any other reason that reasonably leads TRIBBU to conclude that you are using the Platform for profit-making purposes.

6. Collaborative Nature of the Platform and Participation of Facilitators

6.1. Purpose of the Platform

The purpose of the Platform is to facilitate contact between Users for the purpose of sharing Trips using private vehicles within the framework of collaborative mobility.

The User undertakes to use the Services and the App exclusively for personal, private and non-professional purposes and shall refrain from carrying out any business, commercial, professional or profit-making activity through the Platform.

Accordingly, the use of the Platform shall at all times comply with the principles governing collaborative carpooling between private individuals and with the operational limitations established by TRIBBU in these GTCU.

As a Driver, the User undertakes to ensure that the amount requested as Shared Costs does not exceed the actual costs associated with the Trip, excluding the Driver's own share of those costs and without generating any financial profit.

TRIBBU reserves the right to suspend your Account if you use a chauffeur-driven hire vehicle, buses, taxis, VTC vehicles, ambulances, police vehicles, official vehicles of the State, Autonomous Communities, local authorities or any public body, military vehicles, armoured vehicles, special-purpose vehicles, machinery, industrial vehicles or any other vehicle subject to licences, special authorisations or assigned to purposes other than private use.

TRIBBU may also request, whenever it considers this necessary, a copy of the vehicle documentation or any other information allowing it to verify that you are authorised to use the relevant vehicle through the App and that you are not obtaining any financial profit from such use.

TRIBBU further reserves the right to suspend your Account or restrict your access to the technological Services where your activity on the Platform, having regard to the nature of the Trips offered, their frequency, the number of Passengers transported and the amount of Shared Costs requested, reasonably suggests the existence of a professional transport activity or the generation of financial profit.

Finally, any conduct intended to obtain an improper benefit, promote fictitious Trips or manipulate the incentive system may be considered Fraud and shall give rise to the measures provided for in these GTCU.

6.2 Companies, Universities and Facilitating Organisations

Certain companies, universities, public authorities or other organisations may facilitate access to the Platform for their members through specific shared mobility programmes (the “Facilitators”).

The participation of Facilitators is solely promotional in nature and is limited to supporting access to and use of the Platform. Accordingly, the decision to register, use the App, publish Listings, offer or reserve Seats and undertake Trips rests solely with each User and is entirely voluntary.

Facilitators are not parties to the relationship between TRIBBU and the Users or to any relationship established between Drivers and Passengers. Likewise, they do not organise, manage, supervise or control Trips carried out through the Platform, nor do they provide transport services, transport intermediation services or public transport services.

Accordingly, Facilitators shall not be liable for any incident occurring during a Trip, including, without limitation: (i) incorrect or inaccurate information communicated by the Driver in the relevant Listing or by any other means regarding the Trip and its conditions; (ii) the cancellation or modification of a Trip by a User; (iii) the conduct of Users before, during or after the Trip; or (iv) any road traffic accident or other incident occurring during the Trip.

Each User acknowledges and agrees that they act under their sole responsibility and that any relationship arising from the use of the Platform is established directly between the Users concerned and, where applicable, with TRIBBU under the terms set out in these GTCU.

7. Cancellation Policy

7.1. Reservation Cancellation and Refund Policy

This cancellation policy applies exclusively to Trips requiring a Reservation. The cancellation of a Seat in a Trip requiring a Reservation by either the Driver or the Passenger after the Reservation has been confirmed shall be subject to the following rules:

• Where the Driver cancels a confirmed Trip or fails to appear at the agreed meeting point within twenty (20) minutes after the scheduled departure time, the Passenger shall be entitled to a full refund of the Shared Costs paid.
• Where the cancellation is made by the Passenger, the following rules shall apply:

1. If the Passenger cancels more than twenty-four (24) hours before the scheduled departure time indicated in the Listing, the Passenger shall be entitled to a full refund of the Shared Costs paid.
2. If the Passenger cancels within the twenty-four (24) hours preceding the scheduled departure time indicated in the Listing, but more than thirty (30) minutes before departure, the Passenger shall be entitled to a refund of fifty per cent (50%) of the Shared Costs paid.
3. If the Passenger cancels less than thirty (30) minutes before the scheduled departure time indicated in the Listing, the Passenger shall not be entitled to any refund, and the Driver shall be entitled to receive the full amount of the Shared Costs.

Where the cancellation is attributable to the Passenger and occurs before the Trip begins, the Seat or Seats released shall automatically become available for reservation by other Users through the Platform.

TRIBBU may assess refund requests taking into account the relevant circumstances, the information available and any verification procedures that may reasonably be necessary to prevent Fraud or misuse of the Platform.

7.2. Right of Withdrawal

Pursuant to Article 103(a) of the consolidated text of the Spanish General Law for the Protection of Consumers and Users, the User shall not have a statutory right of withdrawal once the Booking Confirmation relating to a Trip with a specific date and time has been issued.

The foregoing is without prejudice to the cancellation and refund policy set out in Section 7.1 above, which governs the conditions under which Users may cancel a Reservation and, where applicable, obtain the corresponding refund.

8. Obligations of Users and Proper Use of the App

8.1 Commitment of all Users

The User shall be solely responsible for complying with all laws, regulations and obligations applicable to the use of the App. Neither TRIBBU nor, where applicable, the Facilitators shall assume any liability whatsoever for the conduct of Drivers, Passengers or any other Users, or for any incidents that may arise in connection with a Trip.

Furthermore, by using the App and during any Trip, you undertake to:

1. not use the App for professional, commercial or profit-making purposes;
2. not provide TRIBBU (particularly when creating or updating your Account), or any other User of the App, with any false, misleading, malicious or fraudulent information;
3. not speak, behave, or publish any content on the App that is defamatory, insulting, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic in nature, has sexual connotations, incites violence, discrimination or hatred, promotes illegal activities or the use of illegal substances, or is otherwise contrary to the objectives of the App or capable of infringing the rights of TRIBBU or any third party;
4. not infringe the rights of, or damage the reputation of, TRIBBU, in particular its intellectual property rights;
5. not create more than one Account on the App or create an Account on behalf of a third party;
6. not attempt to circumvent the App's online Reservation system, in particular by attempting to provide another User with your contact details in order to arrange a Reservation outside the App and thereby bypass the operation of the Reservation system;
7. not contact another User through the App for any purpose other than organising or coordinating a shared Trip;
8. not accept or make payments outside the App in relation to a Trip reserved through the Platform;
9. comply with these GTCU and the Privacy Policy;
10. For Trips funded, in whole or in part, by a company, university or any other Facilitator, the User acknowledges that the route should reasonably correspond to the journey associated with their employment or academic activity. The legal classification of any accident or incident shall be determined exclusively by the competent authorities or entities in accordance with the applicable legislation. The Facilitators shall not be liable for any consequences arising from any accident or other event resulting from the use of the App and/or from Trips carried out through the carpooling arrangements offered by the Platform.

8.2 Commitment of Drivers

When using the App as a Driver, you undertake to:

1. comply with all applicable laws, regulations and traffic rules relating to driving and the use of the vehicle, including maintaining valid third-party liability insurance at the time of the Trip and holding a valid driving licence;
2. ensure that your insurance policy covers carpooling activities and that the Passengers with whom you share the Trip are regarded as third parties in your vehicle and are therefore covered by your insurance policy;
3. refrain from taking any unnecessary risks while driving and from consuming any product or substance that may adversely affect your attention or your ability to drive safely and responsibly;
4. publish Listings only for Trips that have already been planned;
5. carry out the Trip in accordance with the description contained in the Listing (in particular, whether or not motorways will be used) and comply with the times and locations agreed with the other Users, especially the meeting point and destination;
6. not carry more Passengers than the number of Seats specified in the Listing;
7. use a privately owned vehicle that is in good condition and complies with all applicable legal requirements, including holding a valid roadworthiness inspection certificate (ITV);
8. promptly inform your Passengers of any delay or change to the departure time or to the Trip itself;
9. wait for the Passengers at the agreed meeting point for at least thirty (30) minutes after the agreed departure time;
10. not publish any Listing relating to a vehicle that you do not own or for which you do not have the necessary authorisation to use it for carpooling purposes;
11. ensure that Passengers are able to contact you using the telephone number registered in your profile;
12. not suffer from any medical condition or impairment that may prevent you from driving safely; and
13. behave appropriately and responsibly throughout the Trip, in accordance with the principles of collaborative mobility.

8.3 Commitment of Passengers

When using the App as a Passenger, you undertake to:

1. behave appropriately throughout the Trip so as not to distract the Driver or interfere with the Driver's concentration, or disturb the comfort and tranquillity of the other Passengers;
2. respect the Driver's vehicle and keep it clean;
3. promptly inform the Driver in the event of any delay;
4. wait for the Driver at the agreed meeting point for at least thirty (30) minutes after the agreed departure time;
5. provide, where reasonably required, proof of identity or any other documentation necessary to verify your identity;
6. not transport during a Trip any item, substance or animal that may distract the Driver or impair the Driver's ability to drive safely, or whose nature, possession or transportation is unlawful; and
7. ensure that Drivers are able to contact you using the telephone number registered in your profile, including while at the agreed meeting point.

Where you have made a Reservation for one or more Seats on behalf of third parties, in accordance with Clause 4.2.3, you warrant that such third party will comply with the conditions set out in that Clause and, more generally, with these GTCU. TRIBBU reserves the right to suspend your Account and/or restrict your access to the Services in the event of any breach.

8.4 Fraudulent Conduct: Consequences

The use of the App, the Platform or the Services to engage in Fraud and/or Identity Theft, as well as any unlawful, deceptive or suspicious activity (including conduct that may constitute fraud and/or cybercrime), which may disrupt, interfere with or compromise the proper functioning, integrity or security of the App or its Users, is expressly prohibited.

Accordingly, the User expressly undertakes, on a continuous and ongoing basis, to make lawful and proper use of the content and services provided by TRIBBU. In particular, the User shall refrain from engaging in any conduct that (i) involves providing or using false or misleading information, (ii) involves manipulating or circumventing the Platform's controls (including the Security Verification Measures); or (iii) may jeopardise the security of other Users or of the Platform itself, including, by way of example, identity theft, impersonation, spam, the use of suspicious IP addresses or activity patterns, or any coordinated conduct intended to generate fictitious Trips or obtain undue incentives.

For these purposes, TRIBBU expressly warns that certain conduct may constitute civil, administrative or criminal offences under applicable Spanish law, including, among others, the offence of fraud and its various forms, as well as cybercrime offences (such as phishing), without prejudice to the legal classification ultimately determined by the competent authorities.

Furthermore, where TRIBBU operates or provides services in other jurisdictions, the equivalent legal provisions and analogous legal consequences under the applicable legislation of those jurisdictions may also apply.

Where TRIBBU identifies objective and reasonable indications of Fraud and/or Identity Theft, including conduct involving deception, computer manipulation, simulated Trips or any other activity that may constitute a criminal offence, TRIBBU may, without prior notice and without prejudice to any other rights or remedies available to it, take one or more of the following measures:

• temporarily suspend or block the User's Account, restrict the User's access to the Services, and/or cancel any related Listings, Reservations or Trips;
• retain, block or temporarily withhold payments, balances, Shared Costs, BBonos Energéticos or other incentives, as well as suspend transactions or withdrawals where there are reasonable indications of Fraud and/or Identity Theft or where necessary to comply with legal obligations or requests from competent authorities; and
• request additional information or documentation and require the User to complete any Security Verification Measures that TRIBBU reasonably considers necessary.

Failure to respond, the provision of insufficient information or the persistence of objective and reasonable inconsistencies may result in the adoption of additional measures, including the permanent termination of the User's Account.

Where, following the relevant review, TRIBBU reasonably concludes that Fraud, Identity Theft or a serious breach of these GTCU has occurred, it may:

1. permanently block the User's Account and immediately exclude the User from the Platform;
2. refuse to pay any outstanding amounts, cancel any BBonos Energéticos, incentives or any other amounts improperly generated, and, where appropriate, seek reimbursement of any amounts unduly received, to the extent permitted by applicable law and the terms of the payment service provider;
3. claim compensation for any loss or damage suffered by TRIBBU, other Users or third parties, including reasonable costs incurred in investigating, verifying and managing the incident, legal fees and recovery costs;
4. report the relevant facts to the competent authorities where there are reasonable indications of unlawful activity, providing the information available in accordance with applicable law; and
5. take any legal action necessary to protect its legitimate rights and interests.

8.5 Reimbursements and Recovery of Cost arising from Fraud

Where TRIBBU reasonably concludes that Fraud or Identity Theft has occurred, the User shall be obliged to reimburse any amounts improperly obtained and to repay all reasonable and duly evidenced costs incurred by TRIBBU as a result of the detection, verification, investigation and management of the incident.

TRIBBU may set off such amounts against any balances or other sums pending payment to the User, to the extent permitted by applicable law and the terms and conditions of the relevant payment service provider.

9. Limitation of Liability

TRIBBU provides the Platform as an information society service provider and makes available to Users a technological infrastructure designed to facilitate the publication, search, reservation and management of shared Trips between private individuals.

The Platform is provided on an “as is” and “as available” basis. Accordingly, TRIBBU does not warrant that the Services will be available on an uninterrupted, timely or error-free basis, as they may be affected by maintenance operations, technical incidents, failures in communication networks, acts of third parties or any other circumstances beyond TRIBBU's reasonable control.

Except where liability cannot be excluded or limited under applicable law, neither TRIBBU nor the Facilitators shall be liable for any loss or damage arising from the temporary unavailability of the Platform or from technical incidents affecting its operation.

Furthermore, TRIBBU acts solely as a technological platform connecting Users and does not provide transport services, organise Trips, act as a carrier, agent, mandatary or representative of the Users, nor does it form part of the legal relationship established between Drivers and Passengers.

Accordingly, each User shall be solely responsible for complying with these GTCU, for the information provided through the Platform, and for their conduct before, during and after each Trip. Neither TRIBBU nor the Facilitators shall be liable for the performance of Trips, the conduct of Users, the information provided by them, or for any damage, injury, delay, cancellation, loss or any other incident arising in connection with a Trip, except where such liability is mandatorily imposed by applicable law.

Any loss or damage resulting from false, inaccurate, incomplete or outdated information provided by a User, including the origin and/or destination addresses required for the proper provision of the Services, shall be the sole responsibility of the User who provided such information.

10. Suspension, Restriction of Access and Account Termination

The User may terminate their Account and end the contractual relationship with TRIBBU at any time, free of charge, through the channels made available on the Platform. To do so, the User must submit a request through the incident management section or through any other channel designated by TRIBBU for that purpose.

Without prejudice to the foregoing, in the event of: (i) a breach of these GTCU, including, among others, the obligations set out in Clauses 6 and 8; (ii) a breach of the operational limitations established in these GTCU; or (iii) where TRIBBU detects objective and reasonable indications that make it necessary to protect the security, integrity or proper functioning of the Platform, its Users or third parties, to prevent or investigate possible cases of Fraud and/or Identity Theft, or to comply with legal obligations or requests from the competent authorities, TRIBBU may, without prior notice where the circumstances so justify, adopt one or more of the following measures:

• temporarily suspend the User's Account and/or restrict the User's access to the Platform or to certain Services or functionalities;
• cancel, block or invalidate Listings, Reservations or Trips;
• retain, block or temporarily withhold payments, balances, BBonos Energéticos, Shared Costs or other incentives, in accordance with these GTCU; and/or;
• permanently terminate the User's Account where the breach is serious or repeated, or where TRIBBU reasonably concludes that Fraud, Identity Theft or any other unlawful or abusive use of the Platform has occurred.

Whenever the circumstances permit and provided that doing so does not compromise the security of the Platform, an ongoing investigation or compliance with legal obligations, TRIBBU shall inform the User of the measures adopted and shall give the User the opportunity to submit any observations or explanations they consider appropriate.

Once the relevant circumstances have been assessed, TRIBBU shall decide, giving due reasons and in accordance with these GTCU, whether the measures adopted should be maintained, amended or lifted.

11. Personal Data

The processing of Users' personal data arising from access to, registration with and use of the Platform shall be carried out in accordance with the applicable data protection legislation and the provisions of TRIBBU's Privacy Policy, which forms an integral part of these GTCU.

The User declares that they have read the Privacy Policy and agrees to the processing of their personal data in accordance with its terms.

12. Intellectual and Industrial Property

TRIBBU is the sole owner or lawful licensee of all intellectual and industrial property rights relating to the App, the Website, their contents (including, without limitation, texts, images, designs, logos, videos, audio, data and graphics), the software and the databases that ensure their operation.

Nothing in these GTCU shall be construed as assigning, transferring or granting any intellectual or industrial property rights to the User.

TRIBBU grants the User a limited, personal, non-exclusive, non-transferable, revocable and non-commercial licence to access and use the App and the Services in accordance with these GTCU. The User is strictly prohibited from using or exploiting the App, the Services or any of their content for any purpose other than that expressly contemplated herein without TRIBBU's prior written consent.

In particular, the User is strictly prohibited from:

1. reproducing, modifying, adapting, distributing, publicly displaying or otherwise disseminating the App, the Services or any of their content without TRIBBU's prior express authorisation;
2. decompiling, disassembling or reverse engineering the App or the Services; and
3. xtracting, reusing or attempting to extract (including by means of data mining robots, crawlers, scrapers or similar data collection tools) any substantial part of TRIBBU's data.

12.1 User Content Published on the App

The User shall retain ownership of all intellectual property rights in any content, information, images, text, comments, photographs or other materials published or otherwise made available through the Platform (the “User Content”).

For the sole purpose of enabling the operation of the Platform and the proper provision of the Services, the User grants TRIBBU a non-exclusive, royalty-free, worldwide licence to use the User Content for the duration of the contractual relationship.

Such licence is granted solely to the extent necessary for the provision of the Services and includes the following rights:

1. Reproduction and storage: the right to reproduce, in whole or in part, the User Content on any existing or future digital medium (including servers, cloud storage systems, hard drives, backup systems or equivalent technical media), to the extent strictly necessary for its storage, indexing, backup, transmission, making available or downloading in connection with the operation of the App and the provision of the Services.
2. Technical adaptation and translation: the right to adapt and translate the User Content, and to reproduce such adaptations on any existing or future digital medium referred to above, for the purpose of providing the Services in different languages. This right includes making technical formatting changes to the User Content, while respecting the User's moral rights, where necessary to preserve the graphic design of the App or to ensure technical compatibility with TRIBBU's software for publication through the App.
3. Limited promotional use: the User authorises TRIBBU to use the User's name and activity within the Platform for informational or promotional purposes relating to the promotion of the Services, provided that such use is proportionate and complies with applicable data protection legislation. Under no circumstances shall TRIBBU disclose sensitive personal data or private information, such as full surnames, addresses or any other information whose publication could compromise the User's security.

13. Operation, Availability and Features of the App

TRIBBU shall use reasonable efforts to maintain the availability and proper functioning of the Platform and to ensure that it remains operational on a continuous basis, twenty-four (24) hours a day, seven (7) days a week. However, access to the Services may be temporarily interrupted, restricted, slowed down or otherwise affected by maintenance operations, updates, system migrations, technical incidents, system overloads, telecommunications failures, security measures, power outages or any other technical, operational or legal circumstances beyond TRIBBU's reasonable control.

Accordingly, TRIBBU does not guarantee the continuous or uninterrupted availability of the App or permanent access to all of its functionalities. Except where liability cannot be excluded or limited under applicable law, TRIBBU shall not be liable for temporary service interruptions, technical errors, temporary loss of access, automatic blocks resulting from security measures, or any other limitations or incidents arising from the circumstances described above.

The User acknowledges and accepts that certain functionalities of the Platform, including the registration and validation of Trips, the Security Verification Measures, the management of the Wallet, the allocation of BBonos Energéticos or any other functionality relating to the BBono Energético Programme, depend upon the proper functioning of the Platform and of TRIBBU's own information systems or those of third parties.

In the event of technical incidents preventing the proper registration, validation or processing of a particular activity, TRIBBU shall not be obliged to recognise any BBonos Energéticos, incentives, credits or other benefits that have not become vested as a result of such incident, without prejudice to TRIBBU's right, on a voluntary basis and without acknowledging any liability, to implement corrective measures or grant commercial compensation where it considers appropriate.

TRIBBU may also introduce new functionalities, modify existing ones, temporarily suspend them or remove them, in whole or in part, whenever reasonably necessary for technical, operational, commercial, security or legal reasons. Whenever the nature of the change permits and where legally required, Users shall be notified of such modifications in advance.

14. Amendment to these GTCU

These GTCU, together with the documents incorporated herein by reference, constitute the entire agreement between the User and TRIBBU regarding the use of the Platform and the Services. Any other documents referred to within the App or on the Website, including FAQs, user guides or informational materials, are provided solely for explanatory purposes and shall not prevail over these GTCU.

TRIBBU may amend these GTCU in order to adapt them to its technological or commercial environment or to comply with applicable legislation. Any amendment to these GTCU shall be published within the App together with its effective date. Where the amendments are material, TRIBBU shall notify Users, through reasonably available means, before such amendments enter into force.

The continued use of the Platform after the effective date of any amendment shall constitute acceptance of the revised GTCU, except where applicable law requires the User's express consent.

15. Energy Saving Certificates and BBono Energético (Spain Only)

15.1 CAE System and Applicable Regulations

The BBono Energético Programme is TRIBBU's incentive programme linked to the Energy Saving Certificates System (the "CAE System"), under which certain Trips completed through the Platform may generate certifiable energy savings and, where applicable, entitle the User to receive a BBono Energético, provided that all applicable technical, documentary, regulatory, anti-fraud and eligibility requirements are satisfied.

The BBono Energético Programme is governed by the Spanish regulations governing the CAE System, including, without limitation, Royal Decree 36/2023 of 24 January, establishing the Energy Saving Certificates System in Spain, as partially implemented by Order TED/815/2023 of 18 July and Order TED/845/2023 of 18 July, together with the Resolution of 3 July 2024 of the Directorate-General for Energy Planning and Coordination updating Annex I to Order TED/845/2023 approving the catalogue of standardised energy efficiency measures, as well as Technical Data Sheets TRA030, TRA040, and any regulations, technical sheets or provisions replacing or supplementing them from time to time.

For the purposes of these GTCU, the BBono Energético constitutes the financial consideration that may become payable to the User in exchange for assigning to TRIBBU the rights relating to the energy savings generated by an eligible Trip, in accordance with this Clause.

The mere use of the Platform, enrolment in the BBono Energético Programme, publication of a Listing, completion of a Trip, existence of a Reservation, completion of an Internal Validation by TRIBBU, or the display within the App of any amount, estimate, balance or other informational status shall not, in themselves, create any automatic, vested, liquidated or enforceable right to the recognition, receipt or withdrawal of a BBono Energético.

Recognition of a BBono Energético, its conversion into an Available Balance, and its subsequent withdrawal by the User shall always be subject to full compliance with the requirements set out in these GTCU, including, without limitation, completion of TRIBBU's Internal Validation; where applicable, the subsequent verification, validation, certification or recognition of the relevant energy savings by the Ministry for Ecological Transition and the Demographic Challenge (MITECO) or any other competent authority, body or entity; and compliance with all other conditions governing the BBono Energético Programme, including those relating to the Wallet, the Available Balance and the Balance Under Review.

15.2 Activation of the BBono Energético Programme

Participation in the BBono Energético Programme requires the User's express and voluntary activation through the functionality made available by TRIBBU within the App or through any other activation mechanism that TRIBBU may establish from time to time.

Before activating the Programme, the User must expressly accept the specific conditions set out in this Clause and, where applicable, any declarations, consents, assignments, forms or additional documentation required under the regulations governing the CAE System.

TRIBBU may retain the electronic records necessary to evidence the User's enrolment in the BBono Energético Programme, including, without limitation, the date and time of acceptance, the applicable version of these GTCU, the accepted content, the User's IP address, the device used and any other technical information reasonably required to demonstrate the validity of such acceptance.

The User may withdraw from the BBono Energético Programme at any time with effect for future Trips, without prejudice to any obligations already assumed in respect of completed Trips or CAE System applications already in progress.

The User further acknowledges and expressly accepts TRIBBU's right to deactivate, suspend or temporarily restrict the User's participation in the BBono Energético Programme where the User has not successfully completed the required identity verification procedures. The User may request reactivation of the Programme at any time after successfully completing the required identity verification.

15.3 Eligible Trips for the BBono Energético Programme

Only Trips that cumulatively satisfy all requirements set out in these GTCU, the App and the regulations governing the CAE System shall be eligible to participate in the BBono Energético Programme.

Without limitation, an eligible Trip must satisfy all of the following requirements:

1. the Trip must be genuine, effectively completed and capable of verification;
2. the Trip must have been arranged and completed through the Platform;
3. the Driver and, where applicable, the participating Passengers must be duly registered within the App;
4. the Trip must have been started and completed using the functionalities made available by TRIBBU where required;
5. the Platform must have been able to record sufficient technical information to verify that the Trip actually took place, including, where applicable, geolocation data, travelled distance, schedules, duration and other technical evidence;
6. the vehicle used must comply with the applicable legal requirements and these GTCU;
7. the vehicle used for the Trip must not be intended, in whole or in part, for professional or commercial activities, nor be assigned to public services or subject to administrative licences, permits or specific authorisations. Without limitation, the following vehicles are excluded: buses, taxis, VTC/private hire vehicles, ambulances, police vehicles, official State vehicles, regional or local government vehicles, vehicles belonging to public bodies, military vehicles, armoured vehicles, special-purpose vehicles, machinery, industrial vehicles and, generally, any vehicle that does not qualify as a private vehicle under the CAE System.
8. the Trip must not constitute a professional or commercial transport activity or otherwise breach the limitations set out in Clause 6 of these GTCU;
9. there must be no reasonable indications of Fraud, Identity Theft, manipulation, duplication or abusive use of the BBono Energético Programme;
10. the User must provide any information, documentation, declarations or forms that TRIBBU may reasonably require in order to verify compliance with the requirements of the CAE System; and
11. any additional technical, operational, regulatory or documentary requirements imposed under applicable legislation or TRIBBU's internal procedures must be satisfied.

The User acknowledges and accepts that the technical, documentary, operational and anti-fraud checks implemented by TRIBBU in relation to eligible Trips are based, amongst other things, on the criteria established by MITECO under the current catalogue of technical data sheets applicable to the transport sector within the CAE System, available at:

https://www.miteco.gob.es/es/energia/eficiencia/cae/catalogo-de-fichas/catalogo-vigente-de-fichas/transporte.html

In particular, such checks and anti-fraud verification measures are based on Technical Data Sheet TRA040 and its Annex III, entitled "Anti-fraud criteria for the proper accounting and recording of journeys", available at:

https://www.miteco.gob.es/content/dam/miteco/es/energia/files-1/Eficiencia/CAE/cat%C3%A1logo-vigente/fichas-autocompletables/transporte/Ficha%20TRA040_Anexo%20III.pdf

15.4 Internal validation of Trips

Once a Trip has been completed, TRIBBU may carry out an Internal Validation in order to verify compliance with the requirements set out in these GTCU and determine whether the Trip may proceed within the BBono Energético Programme.

For this purpose, TRIBBU may analyse the information generated during the Trip, including, without limitation, geolocation data, distance travelled, Trip duration, information provided by the Users, Reservations made, the identity of the participants, vehicle details, Security Verification Measures carried out and any other available technical evidence.

In particular, TRIBBU may consult the information associated with the registration number of the vehicle used for the Trip through the Spanish Directorate-General for Traffic (Dirección General de Tráfico – DGT), pursuant to the authorisation available to it, solely for the purpose of verifying compliance with the requirements established under the regulations governing the CAE System, and in particular Technical Data Sheet TRA040 and its Annex III. Such checks shall be limited exclusively to the vehicle data strictly necessary to verify the eligibility of the Trip and compliance with the applicable technical and regulatory requirements. TRIBBU shall neither access nor process information unrelated to those purposes.

Internal Validation is exclusively technical and operational in nature and is intended to verify the consistency of the available information, prevent Fraud and Identity Theft, and assess the preliminary eligibility of the Trip.

Under no circumstances shall Internal Validation constitute certification of the energy savings generated by the Trip or, by itself, create any entitlement to receive a BBono Energético.

Where TRIBBU identifies incidents, inconsistencies or insufficient information, it may keep the Trip in the "Balance Under Review" status, request additional information from the User or exclude the Trip from the BBono Energético Programme.

15.5 Verification and Certification of energy savings by the competent authorities

Trips that successfully pass TRIBBU's Internal Validation may be incorporated into the corresponding application for processing within the CAE System.

Thereafter, the verification of the energy savings may be subject to the review, validation, verification, certification, recognition or settlement procedures established under the applicable regulations and carried out by the Ministry for Ecological Transition and the Demographic Challenge (MITECO), accredited verifiers, obligated parties, delegated parties or any other competent authority, body or entity.

TRIBBU neither controls nor determines the outcome of such procedures and therefore does not guarantee that a Trip which has successfully passed Internal Validation will ultimately generate certifiable energy savings or entitle the User to receive a BBono Energético.

Accordingly, the final recognition of a BBono Energético shall depend upon the favourable outcome of the procedures carried out by the competent authorities and full compliance with all requirements established under the regulations governing the CAE System.

Where the outcome of such procedures is unfavourable, or where the relevant application cannot be completed for any reason beyond TRIBBU's reasonable control, the User shall have no right to claim recognition or payment of the corresponding BBono Energético, without prejudice to any internal review that TRIBBU may carry out where sufficient evidence exists to justify further verification.

15.6 Statuses of the BBono Energético

Amounts associated with the BBono Energético Programme may be displayed within the Platform under different informational statuses for the sole purpose of allowing Users to monitor the progress of their Trips and the related CAE applications.

The display of any particular status is for informational purposes only and shall not alter the legal status of the corresponding amounts. Without limitation, the following statuses may be displayed:

1. Balances Under Review

This status indicates that the Trip has been recorded on the Platform and that the corresponding application is still pending one or more of the review, validation, verification, certification, recognition or settlement procedures provided for in these GTCU or under the regulations governing the CAE System.

Amounts displayed under this status are strictly provisional and indicative. Accordingly, they:

1. do not constitute an acquired economic right of the User;
2. are not enforceable against TRIBBU;
3. cannot be withdrawn through the Wallet; and
4. may be modified, reduced or cancelled following the applicable validation, review, certification or settlement procedures.

2. Available Balance

A BBono Energético shall acquire the status of Available Balance only once all the requirements set out in these GTCU have been satisfied and TRIBBU has confirmed that the corresponding incentive may be made available to the User.

Only amounts classified as Available Balance may be withdrawn by the User in accordance with Clause 5 of these GTCU.

Notwithstanding the foregoing, TRIBBU may exceptionally recognise certain amounts as Available Balance in connection with commercial initiatives or promotional campaigns, without creating any entitlement for other Users or for future Trips.

The User acknowledges that there may be a time lag between TRIBBU's Internal Validation and the update of the Trip status due to the processing of the relevant applications or the receipt of information from third parties participating in the CAE System.

15.7 Assignment of Rights to Energy Savings and Representation

Participation in the BBono Energético Programme entails the assignment to TRIBBU of all rights relating to the energy savings associated with eligible Trips, in accordance with these GTCU.

Accordingly, by activating the BBono Energético Programme, the User assigns and transfers to TRIBBU, on an exclusive basis in respect of the relevant Trip, all rights relating to any energy savings capable of recognition under the CAE System, thereby enabling TRIBBU to manage, document, aggregate, verify, certify, transfer, commercialise or settle such rights in accordance with the applicable regulations.

In particular, the User expressly accepts the following:

1. Assignment of ownership of energy savings: The User acknowledges that Trips completed through the Platform may generate energy savings capable of certification under the applicable legislation, including their management, certification, aggregation and commercial exploitation.
2. Granting of representation: The User expressly authorises TRIBBU to act in the User's name and on the User's behalf before any public or private authority, verification body, obligated party, delegated party or other participant in the CAE System, for the purpose of:
   
   • Managing, processing and submitting applications for the certification of energy savings.
   • Signing any documents that may be necessary or appropriate, including declarations, forms and annexes required under the applicable regulations; and.
   • Carrying out any actions necessary for the proper management, validation and monetisation of the energy savings generated.

The User declares that such authority is valid, effective and sufficient for the above purposes and that no incompatible authority has previously been granted to any third party.

3. Declaration on aid and subsidies: The User declares, under his or her own responsibility, that, in relation to the Trips and the energy savings generated:
   
   • No public or private grants or subsidies relating to the same energy-saving measure have been applied for, received or will be applied for; or
   • Where any such aid exists, the User undertakes to disclose it, acknowledging that the relevant Trips may consequently be excluded from the CAE System.

15.8 Accrual and Payment of the BBono Energético

A BBono Energético shall only accrue in favour of the User once it has acquired the status of Available Balance in accordance with these GTCU.

The acquisition of Available Balance status shall require, cumulatively:

1. that the Trip has successfully passed TRIBBU's Internal Validation;
2. that the energy savings associated with the Trip have subsequently been certified in accordance with the regulations governing the CAE System by MITECO or by any other competent authority, body or entity, as applicable; and
3. that TRIBBU has updated the status of both the Trip and the corresponding amount within the Platform as Available Balance.

Until all of the above requirements have been satisfied, the amount associated with the Trip shall, where applicable, remain in the "Balance Under Review" status, shall be purely informational in nature and shall not constitute a liquidated, due or enforceable debt owed by TRIBBU

TThe withdrawal of a BBono Energético shall also be subject to compliance with the general Wallet requirements set out in Clause 5 of these GTCU, including:

• the existence of a valid bank account linked to the User;
• the minimum withdrawal amount established by TRIBBU from time to time (EUR 5.00 as at the publication date of these GTCU); and
• any other reasonable security, ownership, fraud prevention or regulatory compliance checks.

TRIBBU may retain, block or prevent the withdrawal of any amount associated with a BBono Energético, even where such amount is displayed as Available Balance on the Platform, until the User has successfully completed the required identity verification procedures. Such retention may continue indefinitely until the relevant verification has been successfully completed and shall not give rise to any interest, compensation or additional rights in favour of the User.

TRIBBU shall not be obliged to advance, recognise, settle or pay any amount relating to a BBono Energético before it has acquired the status of Available Balance in accordance with these GTCU.

Any advance payment, adjustment, regularisation or exceptional recognition that TRIBBU may grant shall be strictly voluntary and commercial in nature and shall not constitute an acknowledgement of debt, establish a binding precedent or oblige TRIBBU to act in the same manner in future situations.

As there is no direct technical connection between the Platform and MITECO, nor necessarily with the other authorities, bodies or entities participating in the CAE System, TRIBBU shall update the status of Trips and the corresponding BBono Energético amounts as soon as reasonably practicable after receiving the necessary information.

15.9 Reimbursement and Regularisation of BBonos Energéticos

Where TRIBBU reasonably detects or confirms that a BBono Energético has been unduly recognised, confirmed or paid, it may proceed with its regularisation.

For this purpose, TRIBBU may, amongst other measures:

1. cancel all or part of the relevant amount;
2. return the amount to the Balance Under Review status;
3. temporarily block the Available Balance;
4. offset any amounts unduly paid against future amounts payable to the User, to the extent permitted by applicable law; and
5. claim reimbursement of any amounts unduly received.

Such measures may be adopted, amongst other circumstances, where there has been a clerical error, technical incident, failure to satisfy the requirements of the BBono Energético Programme, revocation of the recognised energy savings, Fraud, Identity Theft, duplicate applications, fraudulent documentation or any other circumstance indicating that the incentive should not have been recognised.

Where the undue payment results from fraudulent conduct attributable to the User, TRIBBU may also exercise the rights and remedies provided for in Clause 8 of these GTCU.

15.10 Amendment, Suspension and Termination of the BBono Energético Programme

TRIBBU may amend, suspend, restrict or terminate the BBono Energético Programme whenever this is necessary for technical, operational, regulatory, economic, commercial or CAE System-related reasons.

In particular, TRIBBU may modify, amongst other matters:

1. the eligibility requirements for participation;
2. the eligibility conditions applicable to Trips;
3. the method for calculating the BBono Energético;
4. the applicable incentive amounts;
5. the validation and certification procedures;
6. the conditions under which an amount acquires the status of Available Balance; and
7. any other aspect relating to the operation of the Programme.

Where legally required, TRIBBU shall notify Users in advance of any amendments affecting the BBono Energético Programme.

Unless expressly stated otherwise, any such amendments shall apply only to Trips completed after their effective date and shall not affect amounts that have already acquired the status of Available Balance.

The suspension or termination of the BBono Energético Programme shall not affect applications already in progress where their continuation is required under applicable law, without prejudice to any adjustments necessary to comply with applicable legal or regulatory obligations..

16. Applicable Law and Dispute Resolution

These GTCU have been drafted in Spanish and shall be governed by and interpreted in accordance with Spanish law.

The App is published and managed by HOOP SOLUTIONS, S.L., with registered office at Calle Espronceda 40, Local Zinco, Chamberí, 28003 Madrid, Spain.

The Platform is hosted on the servers of Google Ireland Limited, whose registered office is located at Gordon House, Barrow Street, Dublin 4, Ireland.

In the event of any dispute, conflict or claim arising from the interpretation, validity, execution or performance of these GTCU, the parties submit to the Courts and Tribunals that are competent in accordance with the applicable regulations on consumers and users.

Where the User qualifies as a consumer, jurisdiction shall correspond to the Courts and Tribunals of the User’s domicile or of the place of performance of the obligation, in accordance with the applicable regulations.

For any question or query relating to the Platform or to these GTCU, you may contact HOOP SOLUTIONS, S.L. at the following email address: info@tribbuapp.com.

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