1. Description

HOOP SOLUTIONS, S.L. has developed a ride-sharing platform registered under the trademark “TRIBBU,” accessible through the mobile application or web platform tribbuapp.com, designed to connect drivers traveling to a specific destination with passengers heading to the same or a similar destination, so they may share the Trip and the associated costs (hereinafter, the “App”).

These Terms and Conditions are intended to govern access to and use of the App. Please read them carefully. TRIBBU acts exclusively as an intermediary platform facilitating contact between users and, except as expressly indicated in these Terms and Conditions, is not a party to any agreement that may be entered into between Driver and Passenger in relation to a Trip.

By clicking “Register with an email address,” you acknowledge that you have read and accepted these General Terms and Conditions of Use (hereinafter, the “T&C”).

2. Definitions

For the proper interpretation of this document, the following definitions will be taken into account:

‍“Announcement”means an advertisement related to a Trip published by a Driver user on the App;  has the meaning given to it in Article 1 above; means an advertisement related to a Trip published by a Driver user on the App; has the meaning given to it in Article 1 above;

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

‍“CGU” means these General Terms and Conditions of Use;

‍“Account” means the account that must be created to be a User and be able to access certain services offered by the App;

‍“Driver” means the User who uses the App to share a Journey with another person in exchange for sharing the costs associated with the trip, and transporting that person on a specific Route on the date and time when the Driver has previously organized the Journey;

‍“Confirmation of the reservation” has the meaning given to it in Article 4.2 below;

‍“User-developed content” has the meaning given to it in Article 11.2 below;

‍“Management Expenses” has the meaning given to it in Article 5.2 below;

‍“User” means anyone who has created an Account on the App;

‍“Passenger” means the User who has agreed to share a Journey with the Driver, or, if applicable, the person on whose behalf he has reserved a Seat for a User;

‍“Shared expenses” means, for a given Journey, the amount of money requested by the Driver and accepted by the Passenger for their contribution to the travel expenses;

‍“Square” means the seat reserved by a Passenger in the Driver's vehicle;

‍“App” has the meaning given to it in Article 1 above;

‍“Booking” has the meaning given to it in Article 4.2.1 below;

‍“Services” means all the services offered by TRIBBU through the App;

‍“Website” means the website that can be accessed from the address www.tribbuapp.com

‍“Section” has the meaning given to it in Article 4.1 below;

‍“Trip” means the route subject to an Announcement published by a Driver on the App by which the Driver agrees to share a Trip with Passengers, Users of the App, in exchange for sharing the costs associated with the Journey.

“Instant Trip” means a Trip subject to a Listing published by a Driver on the App that will not recur over time and is therefore occasional.

“Security Verification Measures” means the technical, documentary, and/or operational checks reasonably implemented by TRIBBU to (i) verify the User’s identity, (ii) validate the authenticity of the Trip, (iii) prevent Fraud and/or Identity Theft, and/or (iv) protect the security and integrity of the Platform, including, without limitation: phone number verification, email validation, identity document requests and verification, photo/selfie verification, profile consistency checks, verification of presence during the Trip, and other equivalent measures.

“Fraud” means any intentional, abusive, or bad-faith conduct, whether individual or coordinated, intended to (i) improperly obtain payments, incentives, balances, or advantages through the App, (ii) manipulate or falsify the verification of Trips or Users, or (iii) circumvent Platform controls, including, without limitation: simulating Trips, registering or declaring false information, falsely declaring travel in a private vehicle when that is not the case, using multiple devices or accounts to simulate Trips, making fictitious Bookings, or any similar conduct. For the purposes of these T&C, this concept includes conduct that may qualify as fraud under the criminal code.

“Identity Theft” means the unauthorized use of another person’s identifying data, credentials, documents, or images, or the creation, access, or use of an Account while impersonating a third party, regardless of whether economic harm occurs.

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3. Registration in the app and creation of the account

3.1 Terms of Registration in the App

The Platform can only be used by people over 18 years of age. Registration on the platform by a minor is strictly prohibited. By accessing, using or registering on the Platform, you confirm and guarantee that you are over 18 years of age.

3.2 Creating an Account

The Platform enables Users to publish and view Listings and to interact with one another in order to reserve a Seat. It is not possible to view Listings or access certain functionalities without being registered on the Platform.

To access the Platform and/or certain functionalities, you must complete the verification mechanisms implemented by TRIBBU, which may include validation of an access code or verification of a corporate/institutional email address (company, university and/or local authority), as applicable.

In order to create your Account, you must complete all mandatory fields in the registration form.

To register on the Platform, you must have read and accepted these T&C and the Privacy Policy.

When creating your Account, regardless of the method selected, you undertake to provide truthful and accurate information and to update such information via your profile or by notifying TRIBBU, in order to ensure its relevance and accuracy throughout the entire duration of your contractual relationship with TRIBBU.

You are solely responsible for any use of your Account by third parties, unless you have expressly notified TRIBBU of the loss of your credentials, fraudulent use by a third party, or disclosure of your password to a third party.

It is prohibited to create or use, under your own identity or that of a third party, more than one Account, or to assign, rent, share or otherwise make your Account or credentials available to third parties.

Failure to comply may result in the immediate suspension of the Account, temporary retention of balances or incentives and, where applicable, the initiation of legal proceedings (civil or criminal), including claims for damages.

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3.3 Verification

TRIBBU may implement, for purposes of security, transparency, service integrity, and the prevention and detection of Fraud and Identity Theft, verification procedures in relation to the information provided by the User in their profile. Such procedures may include, among others, verification of the User’s telephone number, the request for and verification of an identity document, and any additional mechanisms that TRIBBU reasonably considers necessary to protect the Platform and its Users.

In particular, TRIBBU may require photo-selfie verifications associated with a Trip (for example, at the start of and/or during the Trip), and may request that such capture allow verification of the presence of the occupants linked to that Trip, strictly to the extent necessary to confirm identity and/or presence and to prevent Fraud or Identity Theft.

Unjustified refusal to complete such verifications, manifestly defective completion thereof, or the existence of objective and reasonable inconsistencies detected by TRIBBU may result, as applicable, in: (i) limitation or suspension of functionalities; (ii) suspension of payments, incentives or balance withdrawals; (iii) temporary retention of amounts under review; (iv) cancellation of the Trip; and/or (v) suspension or termination of the Account. This shall be without prejudice to TRIBBU’s right to seek reimbursement of improperly received amounts and to take any appropriate legal action.

You acknowledge and accept that any reference on the Platform or in the Services to “certified” information, or any similar term, merely means that a User has successfully completed the verification procedure available on the App or Services in order to provide additional information about the User with whom you are considering sharing a Trip. TRIBBU does not guarantee the truthfulness, reliability or validity of information subject to such verification procedure.

TRIBBU reserves the right to request Drivers to provide their driving licence and/or third-party liability insurance and to share such information with their company/university in order to verify that both documents are valid and up to date.

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4. Use of the services

4.1 Publication of Announcements

As a User, as long as you meet the conditions set out below, you can create and publish Announcements in the App by entering information about the Journey you are going to take (dates/times/points of pickup and arrival, number of places offered, options available, number of shared costs, etc.).

You will only be able to post an Ad if you meet each and every one of the conditions indicated below:

I. you have a valid driver's license;

II. you only publish Ads with vehicles you own or used with the express consent of the owner, and as long as you are authorized to use the vehicle for ridesharing purposes;

III. You are and will remain the primary driver of the vehicle subject to the Announcement;

IV. the vehicle has at least valid third-party insurance; V. you have no contraindications or medical incapacity to drive;

V. no tienes ninguna contraindicación ni incapacidad médica para conducir;

VI. The vehicle you are going to use for the Journey is a 4-wheeled passenger car with a maximum of 7 seats, excluding those known as “license-free” vehicles or light quadricycles and quad bikes;

VII. you have no intention of posting another advertisement for the same Journey on the App with the same date and time;

VIII. you do not offer more Seats than those available in your vehicle and those allowed in the App;

IX. all the seats offered have a seat belt, even if the vehicle is approved with seats without a seat belt;

X. you use a vehicle that is in good condition and that complies with all legal regulations, and that the vehicle has the updated MOT Certificate;

XI. Comply with the provisions of section 3; You acknowledge that you are solely responsible for the content of the Ad that you publish on the App. Therefore, you recognize and guarantee the veracity and accuracy of all the information included in your Announcement, and you undertake to carry out the Journey under the conditions described in your Announcement.

XII.  the vehicle used for the Trip must not be intended for professional activities, such as buses, taxis, private hire vehicles (PHV/VTC) or any other vehicles subject to special licences or authorisations. The Platform is intended exclusively for journeys carried out using privately owned vehicles.

Your advertisement, as long as it complies with these CGU, will be published on the App and can therefore be seen by all Users who search the App or on the website of the companies associated with TRIBBU. TRIBBU reserves the right, at its sole discretion and without the need for prior notice, not to publish or delete, at any time, any Advertisement that does not comply with these Terms of Use or that it believes may damage your image, the image of the App or the image of the Services.

You acknowledge and accept that the criteria used to classify and establish the order in which your Ad is displayed among other Ads are at the sole discretion of TRIBBU.

TRIBBU and the company promoting the service reserve the right to modify the incentives at any time, making the corresponding notification to all users of such change.

4.2 Book a Place

TRIBBU has established a system for booking seats online (“Reservation”) for some of the Routes offered on the App.

When a Passenger is interested in an Announcement, they can make an online Reservation request. This Reservation request will be automatically accepted by the Driver. At the time of the Reservation, the Passenger makes the online payment for the amount of Shared Costs and the related Management Fees, if applicable. Once payment has been received by TRIBBU and after the validation of the Reservation by the Driver, if applicable, the Passenger receives a Reservation Confirmation (the “Reservation Confirmation”).

In case of rejection or expiration of the Reservation request by the Driver, the Passenger receives a refund in the amount of the total amount paid at the time of the Reservation request.

At the time of the Booking Confirmation, TRIBBU will provide you with the telephone number of the Driver (if you are the Passenger) or the Passenger (if you are the Driver). From this moment on, you are solely responsible for the fulfillment of the contract that binds you to the other User.

4.2.1 Nature of the reservation of places and terms of use of the services on behalf of a third party

Any use of the Services, both as a Passenger and as a Driver, is related to a specific name. The identity of the Driver and the Passenger must match the identity provided by them to TRIBBU and to the other Users participating in the Journey.

The App is designed to reserve seats for people. It is forbidden to reserve a place to transport any object, package, animal that travels alone or any other material element.

It is also prohibited to post an Announcement for any Driver other than you.

4.3 Evaluation System

4.3.1 Operation

TRIBBU encourages you to post your comments and/or reviews about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a Journey or with whom you are supposed to have shared a Journey. However, you are not allowed to leave any comments about another Passenger if you are a Passenger, or about any other User with whom you have not traveled or with whom you did not plan to travel.

Your opinion, like the opinions published by other Users about you, can only be viewed and published on the App after the shortest of the following periods: (I) immediately after both of you have left a comment, or (II) after a period of 14 days after the first review.

You can reply to a comment made on your profile by another User 14 days after the date the comment was received. The comment and, if applicable, your response, will be published on your profile.

4.3.2 Moderation

You acknowledge and accept that TRIBBU reserves the right not to publish or to delete any comment, question, opinion or answer to them if it considers that their content does not comply with the provisions of these Terms and Conditions.

4.3.3 Limit

TRIBBU reserves the right to suspend your Account, restrict your access to the Services, or terminate these T&C in the event that (I) you have received at least three negative ratings and (II) your average rating is 3 or below.

Access to and registration on the App, as well as the searching, viewing and publication of Listings, are free of charge. However, a Booking shall be made subject to payment of the applicable fee, under the conditions set out below.

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5. Financial Conditions

Accessing and registering on the App, as well as searching, viewing and publishing Ads, do not involve any cost. However, the Reservation will be made after the corresponding payment of a fee, under the conditions described below.
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5.1 Shared Costs

The Shared Costs are determined by you, as a Driver, under your sole responsibility. It is strictly forbidden to obtain any type of benefit through the use of our App. Therefore, you agree to limit the amount of shared costs requested from your Passengers to the actual costs of the journey you are going to share with the Passengers. Otherwise, you will assume the risks of requalifying the transaction made through the App.

When you publish an Announcement, TRIBBU will suggest a Number of Shared Costs, which mainly takes into account the nature of the Journey and the distance traveled. This amount is indicated only as a guide and you can increase or reduce it taking into account the actual costs of the Journey. To avoid abusive use of the App, TRIBBU limits the possibility of adjusting Shared Costs.
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5.2 Management Expenses

In the context of Reservation Trips, TRIBBU will not charge for the use of the App. There will be no Management Fees associated with making the Reservation, and no rates based on Shared Costs will be calculated. There will be no commission from TRIBBU on each reserved seat, nor will there be any commission from MangoPay. TRIBBU does not charge any amount for Seats subject to a Reservation by a Passenger.
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5.3 Rounding
You acknowledge and accept that TRIBBU may, at its sole discretion, round up or down the Management Fees and the Amount of Shared Costs.
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5.4. Methods of payment and repayment of the Amount of costs shared to the Driver‍

5.4.1 PAYMENT PLATFORM AGREEMENT

Payment processing services for Drivers and Passengers on TRIBBU are provided by Stripe and are subject to the Stripe Terms of Service (the “Stripe Services Agreement”), which are available at the link provided by Stripe. By accepting these Terms or continuing to operate as a User on TRIBBU, you agree to comply with the obligations set out in the Stripe Services Agreement, as may be amended by Stripe from time to time.

In order for TRIBBU to offer payment processing services through Stripe, you agree to provide TRIBBU with complete and accurate information about yourself and authorise TRIBBU to share such information, as well as transaction data related to your use of Stripe’s payment processing services.

5.4.2 STRIPE PAYMENT SOLUTION.

TRIBBU usa la infraestructura del proveedor de pagos Stripe para poder ofrecer todos los servicios de procesamiento de pagos dentro de la aplicación. Para evitar cualquier duda, TRIBBU no presta ningún servicio de procesamiento de pagos para los Miembros y no entra en posesión de los fondos de los Miembros.

Cuando el Pasajero confirma el Trayecto de coche compartido, tú, como Conductor, tienes la opción de recibir tu Contribución de Costes en tu cuenta bancaria o acumularla en tu monedero virtual dentro de la aplicación.

Para ello, puedes utilizar la Solución de Pago Stripe suscribiendo un contrato directamente con el Proveedor de la Solución de Pago Stripe y aceptando las CGU de Stripe.

A los efectos de recibir la primera transferencia de la Contribución de Costes, se te pedirá que facilites los datos de tu cuenta bancaria, así como la dirección postal. Si no lo haces, o si la información que facilitas es incorrecta, inexacta o no está actualizada, no se transferirá la Contribución de Costes.

La transferencia será realizada por el Proveedor de la Solución de Pago Stripe.

Al final del plazo de 5 meses, se considerará que cualquier cantidad de la Contribución de Costes que no hayas reclamado como desde la fecha en la que apareció en tu Cuenta a través de la Solución de Pago Stripe pertenece a TRIBBU. 

5.4.3 KYC CHECKS

By using the Stripe Payment Solution, you acknowledge and agree that you may be subject to regulatory procedures applied by the Stripe Payment Solution provider in accordance with its terms and conditions.

Such procedures may include identity verification checks and other “Know Your Customer” (KYC) requirements based on the criteria established by the Stripe Payment Solution provider. These criteria may include financial thresholds depending on the total amount of Shared Costs Contributions you receive.

For KYC verification purposes, you may be required to provide additional information requested by the Stripe Payment Solution provider. If you fail to provide the required documentation, you will not be able to receive the Shared Costs Contribution until your identity has been confirmed.

There may be circumstances in which the Stripe Payment Solution provider is required, in accordance with applicable laws, to suspend the transfer of the Shared Costs Contribution or access to the Payment Solution. TRIBBU has no control over such actions taken by the Stripe Payment Solution provider.

The KYC checks carried out by the Stripe Payment Solution provider are separate from and independent of any checks that TRIBBU may conduct in relation to your use of the Platform in accordance with these Terms and the Privacy Policy.

5.4.4 COLLECTION AUTHORIZATION

By using the App as a Driver for Trips with Booking, you grant TRIBBU a mandate to collect the Shared Costs amount on your behalf and in your name. Accordingly, in the context of a Trip, and following the automatic or manual acceptance of the Booking, TRIBBU collects the total amount paid by the Passenger (Management Fees and the Shared Costs amount) and deposits the Shared Costs amount into the Driver’s associated Stripe account (Section 5.4.1).

You acknowledge and agree that none of the amounts received by TRIBBU on behalf of the Driver give rise to any entitlement to interest. You undertake to respond with due diligence to any request made by TRIBBU and, more generally, by any competent administrative or judicial authority, particularly in relation to anti-money laundering matters. You expressly agree to provide, upon request, any evidence of your address and/or identity that may be required.

TRIBBU may retain, block, withhold release of and/or request the reimbursement of any associated incentive where there are reasonable grounds to suspect Fraud or Identity Theft, or where this is necessary in order to comply with applicable legal obligations (including anti-money laundering obligations). In such cases, TRIBBU may request additional information and/or supporting documentation.

In the event of failure to respond to such requests, TRIBBU may take any measures it deems necessary, including freezing paid amounts and/or suspending your Account or terminating these T&C.

5.4.5 PAYMENT OF THE SHARED COSTS AMOUNT TO THE DRIVER

Following the Trip, Passengers shall have a period of 24 hours from the time the Trip has ended to submit a complaint to TRIBBU in relation to the Trip. In the absence of any complaint from the Passenger during this period, TRIBBU shall consider the Trip to be confirmed.

From the moment of such express or tacit confirmation, you, as Driver, shall have a credit to be paid into your Account. This credit corresponds to the total amount paid by the Passenger at the time of Booking confirmation, less the Management Fees, that is to say, the Shared Costs amount paid by the Passenger.

When the Passenger confirms the Trip, you, as Driver, may provide instructions to TRIBBU to transfer the funds to your bank account (by entering your bank details in advance in your Account). The payment order in your name shall be issued no later than the following working week after your request.

Upon expiry of the applicable time limits, any amount that has not been claimed shall be deemed to belong to TRIBBU.

5.4.6 REQUEST TO WITHDRAW CASH FROM THE TRIBBU ACCOUNT

Users who hold a balance in their virtual wallet may withdraw such amount provided that they meet the following conditions:

(i) The amount must be equal to or greater than €10. Amounts below this threshold may not be withdrawn. If the User wishes to close their Account and withdraw the remaining funds beforehand, they must contact customer support.

(ii) The User must have successfully completed the KYC process. Further information in this regard can be found in Section 5.4.3 above.

(iii) The User must hold a valid and active bank account to which the funds may be transferred.

5.5 Issuance of proof of payment and/or collection of the Journey

a) Issuance of receipts

Upon request, TRIBBU shall make available to Users a payment receipt (for Passengers) or a receipt of funds received (for Drivers) relating to a specific Trip. The User must identify the Trip ID, their role (Passenger or Driver), and indicate the date and amount.

Such receipt shall be for informational purposes only and shall not be considered a commercial or tax document, and is intended solely for payment/collection traceability purposes (amount, date, Trip, payment method and counterparty pseudonym/ID).

TRIBBU may refuse to issue receipts and/or invalidate previously issued receipts where there are reasonable grounds to suspect Fraud or Identity Theft, or where required by legal obligations or requests from competent authorities.

b) Prohibition on invoicing by Drivers

As Drivers do not act as businesses or professionals on the Platform and the sole purpose is cost sharing, Drivers may not issue invoices for amounts received from Passengers or from TRIBBU in connection with a Trip.

Where applicable, only TRIBBU may issue invoices for its own services (for example, commissions or platform services), without this affecting the non-commercial nature of the Trip between Users.

c) Shared Costs limit and Driver responsibility

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

d) Verification and compliance measures

TRIBBU may require the User to provide reasonable information and/or documentation in order to verify compliance with this clause.

TRIBBU reserves the right to suspend your Account if you use a vehicle with a driver for hire, or any other commercial vehicle, taxi or company vehicle, with the purpose of generating a profit through the App. You must provide TRIBBU, upon request, with a copy of your vehicle registration certificate and any other information demonstrating that you are authorised to use the vehicle on the App and that you are not deriving any profit from its use.

TRIBBU also reserves the right to suspend your Account, restrict your access to the Services, or terminate these T&C where your activity on the Platform—taking into account the nature of the Trips offered, their frequency, the number of Passengers transported and the Shared Costs amount requested—places you in a position where you generate profit, or where any other circumstances suggest to TRIBBU that you are generating profit through the Platform.

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6. Non-commercial and non-business purpose of the services and the app

You agree to use the Services and the App only to get in touch, for non-commercial and non-business purposes, with people who want to share a Journey with you.

As a Driver, you agree not to request an amount of shared costs greater than the actual costs of the trip and that could generate a benefit, specifying that, in the context of sharing a cost, you have to assume as a Driver your own part of the costs incurred on the Journey.

You are solely responsible for calculating the costs you incur during the Journey and for ensuring that the amount requested from your Passengers does not exceed the actual costs of the journey (excluding your share of the costs). TRIBBU reserves the right to suspend your Account if you use a rental vehicle with a driver or other commercial vehicle, taxi or company vehicle in order to generate a profit through the App. Remember to provide TRIBBU, if requested, with a copy of your vehicle registration certificate and any other information that shows that you are authorized to use the vehicle in question on the App and that you are not getting any benefit from using it.

TRIBBU also reserves the right to suspend your Account, limit your access to the Services or resolve these Terms of Use if your activity on the Platform, given the nature of the Routes offered, your frequency, the number of Passengers transported and the amount of shared costs requested, leads you to a position where you generate a profit, or for any other reason that suggests to TRIBBU that you are generating a profit through the Platform.

Furthermore, any conduct aimed at obtaining undue benefit, incentivising fictitious Trips or manipulating the incentive system may be considered Fraud and shall give rise to the measures provided for in these T&C.

6.1 Responsibility of facilitators

When there are companies or universities that make available to their employees the possibility of using the APP for shared trips, this will be carried out for the sole purpose of facilitating or potentiating cooperation and participation networks within the framework of the collaborative economy, so the decision on its use depends exclusively on the users and is completely voluntary.

The facilitators are exempt from any responsibility for the interaction that exists between the APP and its users or between the users of the APP with each other, even if they are closed groups promoted by the same facilitators. You acknowledge and accept that Users (Drivers or Travelers) act under their sole and total responsibility; TRIBBU, nor its facilitators, control the validity, veracity or legality of the Advertisements, Places and Routes offered, do not offer transportation services or act as public transport companies.

Therefore, you accept that the facilitators will not be held responsible for any incident that occurs during a Journey, especially in relation to:

(I) erroneous information communicated by the Driver in his Announcement, or by any other means, regarding the Trip and its conditions;

(II) the cancellation or modification of a Trip by a User;

(III) the behavior of its Users during, before or after the Journey and

(IV) traffic accidents.

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7. Cancellation Policy

7.1 Payment refund conditions in case of cancellation

This cancellation policy will only apply to Booked Trips. The cancellation of a seat on a reserved Journey by the Driver or the Passenger once the reservation has been confirmed, will be subject to the following:

— If the cancellation is made by the Driver, the Passenger will be refunded the total amount they have paid (i.e., the Amount of shared costs and related Management Fees). Basically, these are cases in which the Driver cancels the trip or does not arrive at the meeting point within 20 minutes after the agreed time;

— In case of cancellation by the Passenger:

I. If the Passenger cancels more than 24 hours in advance of the scheduled departure time mentioned in the Announcement, only the Amount of shared costs will be returned to the Passenger. The Management Expenses will be left by TRIBBU and the Driver will not be entitled to receive any sum of any kind;

II. If the Passenger cancels the trip less than 24 hours before the departure time mentioned in the Announcement and more than 30 minutes before the start of the Journey, the Passenger will be entitled to a refund of half of the Amount of shared costs paid at the time the Reservation was made. The Management Fees will be kept by TRIBBU and the Driver will be paid 50% of the Amount of shared costs;

III. If the Passenger cancels less than thirty minutes before the scheduled departure time in the Announcement, the Passenger will not be refunded the full Amount of shared expenses. The Management Expenses will be left by TRIBBU and the Driver will receive the full amount of shared expenses;

IV. If the Passenger cancels after the scheduled departure time mentioned in the Announcement, or if they have not arrived at the meeting point within 15 minutes after the agreed time, they will not be entitled to any refund. The Driver will be compensated for the total cost of the Amount of shared costs and the Management Expenses will be kept by TRIBBU.

If the cancellation occurs before the departure date and for reasons attributable to the Passenger, the Square or Seats canceled by the Passenger will automatically be available to other Passengers, who can book them online under the conditions of these CGU.

TRIBBU will assess, at its discretion and based on available information, the legitimacy of reimbursement requests.

7.2 Right of withdrawal

In accordance with the provisions of Article 103 a) of the General Law for the Protection of Consumers and Users, you will not have the right to withdraw from the moment of delivery of the Booking Confirmation, provided that the Contract between you and TRIBBU, consisting of contacting another User, has been fully executed.

8. Behavior of App Users

8.1 Commitment of all people who visit the App

You acknowledge that you are solely responsible for complying with all laws, regulations and obligations applicable to the use of the App. The driving entity through which you access the platform and TRIBBU are not responsible for the behavior of drivers or passengers, or for incidents that occur during the journey.

In addition, by using the App and during the Journeys, you commit to:

(I) not to use the App for professional, commercial or for-profit purposes;

(II) not to send TRIBBU (especially when creating or updating your Account) or other Users of the App false, confusing, malicious or fraudulent information;

(III) not to speak or behave, or publish any content on the App that may be defamatory, insulting, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic in nature, that has sexual connotations, incites violence, discrimination or hatred, or that encourages illegal activities or the use of substances or more generally that is contrary to the objectives of the App and that may infringe the rights of TRIBBU or a third party, or which may be contrary to good morals;

(IV) not infringe the rights and not damage the image of TRIBBU, especially with regard to its intellectual property rights;

(V) not to open more than one Account in the App and not to open an Account on behalf of a third party;

(VI) not to attempt to circumvent the App's online booking system, mainly by trying to send another User your contact information to make the reservation outside the App in order to avoid paying Management Fees;

(VII) not to contact another User, through the App, for any purpose other than the definition of the conditions of shared travel;

(VIII) not to accept or make payment outside the App;

(IX) comply with these Terms and Conditions and with the Privacy Policy.

(X) In the case of trips financed totally or partially by the company, the chosen route must be the most direct one from the point of departure to the point of destination and in the time slot corresponding to the beginning or end of the working day or shift. The Mutual Society for Work Accidents and Occupational Diseases may reject the classification of a possible accident as work based on the concurrent circumstances. The company is not responsible for the consequences resulting from any accident or contingency that may arise from the use of the APP and/or from carrying out the trips under the modality it offers.

8.2 Driver Commitment

When you use the App as a Driver, you commit to:

(I) respect all laws, regulations and codes regarding driving and vehicles, especially having civil liability insurance in force at the time of taking the Trip and being in possession of a valid driving license;

(II) verify that your insurance policy covers shared travel and that the Passengers with whom you share the ride are considered third parties in your vehicle and, therefore, are covered by your insurance;

(III) not to take any risks while driving, or to take any product that could negatively affect your attention and your ability to drive in an attentive and completely safe manner;

(IV) publish Announcements that only correspond to Routes already scheduled;

(V) take the Journey according to the description in the Announcement (especially with regard to whether or not to use the highway) and to respect the times and places agreed with other Users (especially the meeting point and the place of destination);

(VI) do not carry more Passengers than the number of Seats indicated in the Announcement;

(VII) use a vehicle in good condition and that complies with all legal regulations, especially with the current MOT Certificate;

(VIII) to share with TRIBBU or with any Passenger who requests it your driver's license, your vehicle registration certificate, your insurance policy, the MOT certificate and any other document that demonstrates your ability to use the vehicle as a Driver in the App;

(IX) in the event of a delay or change in the time or in the Journey itself, inform your Passengers without delay;

(X) in the case of a cross-border Journey, keep and have available to the Passenger and to any authority that requests it, a valid document showing your identity and your right to cross the border;

(XI) wait for Passengers at the agreed meeting point at least 30 minutes after the agreed time;

(XII) not to post any Advertisement relating to a vehicle that is not your own or for which you do not have permission to use it as a shared transport;

(XIII) ensure that Passengers can contact you at the phone number registered in your profile;

(XIV) not to generate any benefits through the App;

(XV) not have any contraindications or medical incapacity to drive;

(XVI) behave appropriately and responsibly during the Journey, in accordance with the philosophy of shared travel.

8.3 Passenger Commitment

When you use the App as a Passenger, you commit to:

(I) adopt appropriate behavior during the Journey so that it does not interrupt the Driver's concentration or driving or the peace and quiet of the rest of the Passengers;

(II) respect the Driver's vehicle and its cleanliness;

(III) in the event of a delay, inform the Driver without delay;

(IV) wait for the Driver at the agreed meeting point at least 30 minutes after the agreed time;

(V) communicate to TRIBBU, or to any Driver who requests it, your identity document or any other document that proves your identity;

(VI) not to carry during a Journey any item, substance or animal that may distract the Driver's concentration and driving, or whose nature, possession or transport is illegal;

(VII) in the case of a cross-border Journey, keep and have available to the Driver and to any authority that requests it, a valid document showing your identity and your right to cross the border;

(VIII) ensure that Drivers can contact you at the phone number registered in your profile, even at the meeting point.

In the event that you have made a Reservation for one or more Seats on behalf of third parties, in accordance with the provisions of the previous Article 4.2.3, you guarantee that said third party will respect the conditions established in that Article and, in general, these Terms and Conditions. TRIBBU reserves the right to suspend your Account, limit your access to the Services or terminate these T&Cs in the event of non-compliance by the third party on whose behalf you reserved the Plaza in accordance with these T&C.

8.4 Fraudulent Behavior: Consequences

The use of the App, the Platform or the Services to carry out Fraud and/or Identity Theft is expressly prohibited, as is any unlawful, deceptive or suspicious activity (including conduct that may constitute fraud and/or computer-related offences) that may disrupt, alter or compromise the proper functioning, integrity or security of the App, the Users or the company.

In this regard, the User expressly undertakes, on an ongoing and recurring basis, to make proper and lawful use of the content and services offered by TRIBBU. In particular, the User shall refrain from engaging in any conduct that: (i) involves the provision or use of false or misleading data; (ii) entails the manipulation or circumvention of the Platform’s controls (including the Security Verification Measures); or (iii) may jeopardise the security of other Users or of the Platform (for example, identity theft, impersonation, spam, the use of IP addresses or suspicious activity patterns, or any coordinated actions aimed at generating fictitious Trips or undue incentives).

For these purposes, TRIBBU warns that certain conduct may constitute criminal offences under the Spanish Criminal Code, including, among others, fraud and its various forms (Articles 248, 249, 250, 251 and 251 bis), as well as computer-related crimes (for example, phishing), without prejudice to their specific legal classification by the competent authorities.

Likewise, where TRIBBU operates or provides services in other jurisdictions, equivalent provisions and analogous consequences under the applicable regulations of such territories may apply.

Where TRIBBU detects or reasonably suspects Fraud and/or Identity Theft, including conduct based on deception, computer manipulation, simulation of Trips or any other activity that may constitute a criminal offence, TRIBBU may take the following actions, without prior notice and without prejudice to any other rights or remedies available to it:

(I) Temporarily suspend or block the User’s Account, restrict access to the Services, and/or cancel associated Listings, Bookings or Trips;
(II) Retain, block or temporarily withhold the release of payments, balances, Shared Costs Contributions and incentives, as well as suspend transactions or withdrawals, where there are reasonable grounds to suspect Fraud and/or Identity Theft or where required to comply with legal obligations or requests from competent authorities; and
(III) Request additional information and/or supporting documentation and/or require the completion of additional Security Verification Measures.

Failure to respond, an insufficient response, or the persistence of reasonable inconsistencies may result in the adoption of additional measures, including the permanent termination of the Account.

If, following an internal review, TRIBBU reasonably confirms the existence of Fraud and/or Identity Theft, or identifies a serious breach of these T&C, TRIBBU may:

(I) Permanently block the Account and immediately remove the User from the community;
(II) Withhold payment of outstanding amounts, cancel improperly generated incentives and/or request the reimbursement of any amounts unduly received, to the extent permitted by law and by payment service providers;
(III) Claim compensation for damages suffered by TRIBBU, other Users or third parties, including verification costs, operational expenses, legal advisory costs and any other costs reasonably arising from the management of the incident and/or the recovery of amounts;
(IV) Report the facts to the competent authorities where there are reasonable grounds to suspect unlawful activity, providing the available information in accordance with applicable regulations; and
(V) Take any legal action deemed appropriate, including civil and/or criminal proceedings.

8.5 Reintegros y compensación de costes por Fraude

(IV) Where TRIBBU reasonably confirms the existence of Fraud and/or Identity Theft, the User shall reimburse TRIBBU for any amounts improperly obtained, as well as repay any reasonable and duly evidenced costs incurred by TRIBBU in verifying and investigating the incident.

TRIBBU may set off such amounts against any sums outstanding and payable to the User, to the extent permitted by applicable law and by the relevant payment service providers.

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9. Limitation of Liability

TRIBBU provides the App and Website services “as is” and “as available”. The services of the App and the Website may be subject to limitations, delays and/or other problems inherent to the use of the Internet and electronic communications and are not guaranteed to be available or error-free at all times.

Neither TRIBBU nor any TRIBBU client or collaborator company will be responsible for any damage or harm suffered by users as a result of the misuse of the Website or App owned by TRIBBU, except in the case of malicious conduct, deliberate recklessness or serious negligence on the part of TRIBBU or its customers or collaborators.

At all times, the User (whether driver or passenger) will be personally responsible for compliance with the TRIBBU terms and conditions and for everything that happens before, during and after the course of the trip, exonerating TRIBBU and TRIBBU's client or collaborating companies from any liability arising from damages, injuries, delays or failures in execution that result from causes that are beyond our reasonable control.

Any harm caused by the fact of having indicated in an insufficient, untimely or incorrect way the information relating to the trips, as well as the origin and destination addresses necessary for the proper provision of the services, will be the responsibility of the user.

By accepting these CGU, the User releases TRIBBU and TRIBBU's client and collaborating companies from any and all liability for any accident or incident that may arise during the trip.

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10. Suspension of Accounts, Limitation of Access and Termination

You may terminate your contractual relationship with TRIBBU at any time, free of charge and without providing any reason. To do so, you must send us an email via the incident management section, and we will proceed to deactivate your Account.

In the event of (I) your breach of these T&C, including, among others, failure to comply with your obligations as a User as set out in Sections 6 and 8 above; (II) exceeding the limit set out in Section 4.3.3 above; or (III) where TRIBBU has reasonable grounds to believe that it is necessary to protect its security and integrity, that of Users or third parties, or for the purposes of fraud prevention or investigations, TRIBBU reserves the right to:

- Temporarily suspend your Account and/or restrict your access to the Services;

- Cancel or block Listings, Bookings or Trips;

- Retain, block or temporarily withhold payments, balances and incentives in accordance with these T&C;

- Permanently terminate your Account where the breach is serious or repeated, or where there are reasonable grounds to confirm Fraud and/or Identity Theft.

Where such termination or suspension is implemented, you will be notified of the decision so that you may submit your explanations to TRIBBU. TRIBBU shall decide, at its sole discretion, whether to lift or maintain the measures applied.

11. Personal Data

In the context of your use of the Platform, TRIBBU will collect and process your personal data for the purposes of: (i) managing registration, the Account and the provision of the Services; (ii) enabling the publication and management of Listings and Bookings; (iii) managing payments, incidents and customer support; (iv) ensuring the proper functioning and security of the Platform and preventing and detecting Fraud and/or Identity Theft; and (v) complying with legal obligations.

By using the App and registering as a User, you acknowledge and consent to the processing of your personal data by TRIBBU in accordance with applicable legislation and as set out in the Privacy Policy.

TRIBBU ensures the protection of Users’ personal data and its processing in accordance with applicable data protection and privacy regulations. The information collected is used for various purposes, including management of the Platform’s services, fraud prevention, compliance with legal requirements and improvement of the user experience.

The processing of personal data is based on different legal grounds, including: (i) the performance of these T&C and the provision of the Services; (ii) compliance with legal obligations; and (iii) TRIBBU’s legitimate interest in improving its services and protecting the integrity of the Platform, preventing abusive use and ensuring security, without prejudice to the rights and freedoms of the User. Where required by law, TRIBBU shall request the User’s express consent.

Where Security Verification Measures are applied (including photo-selfie verification associated with a Trip), TRIBBU shall process only the images and data strictly necessary to verify identity and/or presence and to prevent Fraud and/or Identity Theft, in accordance with the data minimisation principle.

The retention periods and deletion criteria applicable to such evidence are detailed in the Privacy Policy, taking into account: (i) the purpose of verification; (ii) the need to defend against claims or chargebacks; and (iii) applicable legal obligations.

Users have the right to access, rectify and erase their personal data, as well as to restrict or object to its processing and to request data portability. To exercise these rights or to obtain further information about how personal data is processed and protected, Users may consult TRIBBU’s Privacy Policy or contact dataprotection@tribbuapp.com

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12. Intellectual and Industrial Property

TRIBBU is the sole owner or licensee of all intellectual and industrial property rights relating to the App, the Website, their content (including, in particular, text, images, designs, logos, videos, audio, data and graphics), as well as the software and databases that ensure their operation.

TRIBBU grants the User a limited, personal, non-exclusive, non-transferable and revocable licence to use the App and the Services in accordance with these T&C and for non-commercial purposes only. Any use or exploitation of the App and the Services, including their content, for any purpose other than that expressly permitted, is strictly prohibited without the prior written consent of TRIBBU.

In particular, the following are strictly prohibited:

- Reproducing, modifying, adapting, distributing, publicly displaying or disseminating the App, the Services or any of their content, without TRIBBU’s prior express authorisation;

- Decompiling or reverse engineering the App or the Services, except where expressly permitted under applicable law; and

- Extracting or attempting to extract (in particular by means of data scraping robots or similar data collection tools) a substantial part of the App’s data.

12.1 Content posted by the User on the App

For the sole purpose of enabling the proper provision of the Services and the operation of the App in accordance with its intended purpose, the User grants TRIBBU a non-exclusive, royalty-free, worldwide licence, limited to the duration of the contractual relationship, in respect of the content, information and materials provided, published or transmitted by the User through the Platform (the “User Content”).

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

Reproduction and storage: the right to reproduce, in whole or in part, the User Content on any digital medium, whether now known or hereafter developed (including servers, cloud storage systems, hard drives, backups or other equivalent technical means), 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;

Technical adaptation and translation: the right to adapt and translate the User Content, and to reproduce such adaptations on any digital medium, whether now known or hereafter developed, as referred to in point (I) above, for the purpose of providing the Services in different languages. This right includes the possibility of making formatting changes to the User Content, without prejudice to the User’s moral rights, in order to comply with the App’s graphic design or to ensure technical compatibility with TRIBBU’s software for subsequent publication through the App;

Limited promotional use: the User authorises TRIBBU to use their name and activity within the Platform for informational or promotional purposes related to the promotion of the Services, provided that such use is proportionate and in accordance with applicable data protection regulations. Under no circumstances shall sensitive personal data or private information, such as full surnames, addresses or other data whose disclosure could compromise the User’s security, be disclosed.

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13. TRIBBU function

The App constitutes an online technological intermediation platform that enables Users to create and publish Trip Listings for the purpose of sharing journeys and the costs associated therewith. These Listings may be viewed by other Users in order to review the conditions of the Trip and, where applicable, to directly book a Seat in the relevant vehicle with the User who published the Listing on the App.

TRIBBU acts exclusively as an information society service provider and as a technical intermediary facilitating contact between Users. Under no circumstances does TRIBBU organise, manage, direct or control the Trips published on the Platform, nor does it participate in determining their essential conditions (including route, schedules, vehicle used or the amount of Shared Costs, within the limits set out in these T&C).

By using the App and accepting these T&C, you acknowledge that TRIBBU is not a party to any agreement entered into between you and other Users for the purpose of sharing the costs related to a Trip.

TRIBBU has no control whatsoever over the conduct of its Users or App users. It does not own, operate, lease, control or manage the vehicles used in the Trips published on the Platform, nor does it provide passenger transport services.

Users (Drivers or Passengers) act under their sole and entire responsibility.

In its capacity as an intermediary, TRIBBU shall not be considered liable for any incident occurring during a Trip, in particular in relation to:

• inaccurate information communicated by the Driver in the Listing or by any other means regarding the Trip and its conditions;
• the cancellation or modification of a Trip by a User; or
• the conduct of Users before, during or after the Trip.

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14. Operation, Availability and Functionality of the App

In addition, TRIBBU reserves the right to modify or suspend all or part of access to the App or its functionalities, at its discretion, either temporarily or permanently.

TRIBBU will try as far as possible to maintain the constant operation of the App 7 days a week and 24 hours a day. However, access to the App may be temporarily suspended, without prior notice, for technical reasons, maintenance, migration or upgrade operations, or due to power outages or restrictions related to network operation.

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15. Amendment to the Terms and Conditions

These T&Cs and the integrated reference documents form the entire agreement between you and TRIBBU regarding the use of the Services. Any other document mentioned in the App (Frequently Asked Questions, for example), is for indicative purposes only.

TRIBBU may modify these CGU to adapt them to its technological and commercial environment, and to comply with current legislation. Any changes made to the Terms and Conditions will be published on the App indicating the date of entry into force.

These CGU have been drafted in Spanish, in accordance with Spanish legislation.

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16. Identification of Energy Savings Certificates (only for Spain)

16.1 Description of the Incentive

Within the framework of the legislation on energy savings certificates (CAE), TRIBBU and Delcae (limited company with registered office at Paseo de la Castellana 140, 6ºB, 28046 Madrid, Spain, registered under number B56305618) allow you, at your discretion, to obtain an incentive derived from the energy savings generated by sharing a car using the Platform as a Driver and/or Passenger under the conditions established by Royal Decree 36/2023 of January 24, 2023, which establishes a system of energy savings certificates in Spain, partially developed by Order TED/815/2023 of July 18, 2023, Order TED/845/2023 of July 18, 2023, Resolution of July 3, 2024, of the General Directorate of Energy Planning and Coordination, updating Annex I of Order TED/845/2023, of July 18, approving the catalog of standardized energy efficiency measures, and the TRA030 and TRA040 Sheets according to additional verification criteria provided by the Ministry for the Ecological Transition and the Demographic Challenge applicable to travel carried out through the Platform between January 26, 2023 and July 18, 2024 inclusive and subject to the conditions described below.

If you meet the conditions of the offer (see article 16.2 below) and subject to the validation of your file by the Ministry for the Ecological Transition and the Demographic Challenge, you can receive an incentive subject to conditions.

The details and value of the incentive will be communicated once the mandatory checks mentioned in clause 16.3 have been carried out. The communication of this information does not guarantee payment of the incentive, which will be subject to energy savings validations in accordance with clause 16.3.

TRIBBU may at any time modify, suspend or end the incentive offer with prior notice. You understand and accept that the existence and validity of the regulations of the CAE System is an essential condition for the issuance and/or payment of the incentive by TRIBBU. You acknowledge and accept that, in the event of cancellation, invalidation or total or partial disappearance of the regulations of the CAE System, the incentive offer will automatically expire and that you will not be entitled to any incentive nor will you be entitled to any payment from TRIBBU.

In addition, TRIBBU reserves the right to specify additional conditions for the use of incentives on the Platform. TRIBBU reserves the right to cancel or set an expiration date for any credit issued in the following cases:

- The credit is not being used strictly in accordance with the terms of use;

- TRIBBU suspects fraudulent or misuse of credit.

16.2 Eligibility for the incentive offer

You can only benefit from this incentive offer as a Driver and/or as a Passenger, provided that you meet all of the following conditions:

(i) you are registered on the website www.tribbuapp.com and have an active account on the Platform;

(ii) you have registered your first and last name in your account (pseudonyms, random series of letters, use of numbers or other similar registrations are not accepted) before July 18, 2024 inclusive;

(iii) you have entered and certified your email and mobile phone number before July 18, 2024 inclusive;

(iv) you have made between January 26, 2023 and July 18, 2024, including at least one trip in Spain and between two cities in Spain - (a) as a Driver with at least one Passenger who has paid the Shared Expenses through the Platform, and/or- (b) as a Passenger and you have paid the Shared Expenses to the Driver through the Platform;

(v) If you are a Driver, you have registered your bank details in your Platform account and you have received the payment of the Shared Expenses for the trip mentioned above in your bank account;

(vi) you have received a communication directly from TRIBBU informing you about CAE and the possibility of benefiting from an incentive in exchange for the transfer of ownership of the energy savings you have generated through the use of the Platform and you have not requested not to benefit from this incentive or refused the processing of associated personal data as described in our Privacy Policy;

(vii) you have not benefited from an equivalent incentive for the same trip proposed by another car-sharing platform.

16.2 Verification of compliance with the conditions of the incentive offer and validation of your energy saving action by the authorities

If you are a driver and/or if you are a passenger, you agree to respond in a timely manner to any TRIBBU request if compliance with this condition is verified. In the absence of a satisfactory response to these requests, TRIBBU reserves the right not to deliver or pay the incentive.

In addition, the regulations of the CAE System require mandatory checks and validations of energy savings submitted by entities responsible for controls, such as the National Coordinator or energy savings verifiers. These verifications and validations are conditions for the issuance and/or payment of the incentive, which will be made after the final validation by the National Coordinator. You recognize that, if your energy savings are not validated by the National Coordinator, TRIBBU will not be able to issue or pay the incentive.

17. Applicable Law and Litigation

These T&C have been drafted in Spanish in accordance with Spanish law. The App is published and managed by HOOP SOLUTIONS S.L., whose registered office is located at Calle de Bravo Murillo, 231, 28020 Madrid, Spain.

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

For any queries, you may contact HOOP SOLUTIONS S.L. at the following email address: info@tribbuapp.com

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