1. Description

HOOP SOLUTIONS, S.L. has developed a shared mobility platform registered under the trademark “TRIBBU,” accessible through the mobile application or the web platform tribbuapp.com, which is designed to connect drivers travelling to a given destination with passengers heading to the same or a similar destination so that they may share the Trip and the associated costs (hereinafter, the “App”).

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

TRIBBU acts exclusively as digital intermediary platform facilitating contact between Users and, except as expressly provided in these Terms and Conditions, TRIBBU is not a party to any agreement that may be entered into between a Driver and a Passenger regarding the organisation, performance or conditions of a Trip, nor does it assume any responsibility arising from the relationship that may be established between such Users.

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

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” has the meaning attributed to it in Clause 1 above;

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

“Driver” means the User who uses the App to share a Trip with one or more Passengers, allowing their transport in the Driver’s private vehicle in exchange for the sharing of the costs associated with the Trip, on the date and time previously organised 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. This includes, without limitation: simulating Trips, registering or declaring false data, falsely declaring travel in a private vehicle when this is not the case, using multiple devices or accounts to simulate Trips, making fictitious Reservations, or any analogous conduct.  For the purposes of these GTCU, this concept shall also include conduct that may qualify as criminal fraud under the Spanish Criminal Code.

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

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

“Listing” means an advertisement relating to a Trip published by a User acting as a Driver in 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 to: (i) verify the identity of the User; (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: telephone number verification, email validation, request and verification of identity documents, verification through photo/selfie, consistency checks with the user profile, verification of presence during the Trip, and other equivalent measures;

“Segment” means a portion of a Trip defined by partial pick-up and/or destination points when 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, for a given Trip, the sum of money requested by the Driver and accepted by the Passenger as their contribution to the expenses 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 a Listing published by a Driver on the App through which the Driver agrees to share a Trip with Passengers, who are Users of the App, in exchange for sharing the expenses associated with the Trip. Each Trip must be carried out entirely within the territorial boundaries of the same province, and a Trip may not have its origin and destination in different provinces. Likewise, each User may carry out a maximum of five (5) Trips per calendar day through the App. Trips are of a one-off or occasional nature;

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

“User-Generated Content” shall have the meaning attributed to it in Clause 11.2;

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

3. Registration in the App and Account Creation

3.1 Conditions for Registration in the App

The Platform may only be used by persons who are at least 18 years of age. Registration on the Platform by any minor is strictly prohibited. By accessing, using or registering on the Platform, you confirm and warrant that you are over 18 years of age.

Users acknowledge and accept that the Platform is intended exclusively to facilitate the sharing of private vehicles for occasional journeys, and that any use of the Platform for professional, business, commercial, profit-making purposes, or for activities characteristic of an organised or habitual transport service is expressly excluded.

Accordingly, the User undertakes not to use the Platform in a manner that may distort its collaborative nature or create the appearance of providing professional transport services. For this purpose, the User shall fully comply with the operational limitations established by TRIBBU from time to time, including those relating to the territorial scope of Trips and the maximum number of Trips permitted per day.

3.2 Creation of 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.

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

To create your Account, you must complete all mandatory fields in the registration form.

In order to register on the Platform, you must have read and accepted these GTCU and the Privacy Policy.

By creating your Account, regardless of the registration method selected, you undertake to provide truthful and accurate information, and to update such information through your profile or by notifying TRIBBU, in order to ensure that such information remains relevant and accurate throughout the entire duration of your relationship with TRIBBU.

You shall be solely responsible for the 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 strictly prohibited to create or use, whether under your own identity or that of a third party, more than one Account, or to assign, lease, share, or otherwise make your Account or login credentials available to third parties.

Failure to comply with these obligations may result in the immediate suspension of the Account, the temporary retention of balances or incentives, and, where applicable, the initiation of legal action (civil or criminal) with a claim for the corresponding damages.

3.3 Verification

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

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

TRIBBU may also implement technical, operational, or algorithmic mechanisms aimed at verifying compliance with territorial limitations and the maximum number of daily Trips.

Any unjustified refusal to carry out such verification procedures, manifestly defective execution thereof, or the existence of objective and reasonable inconsistencies detected by TRIBBU may result, as applicable, in: (i) the limitation or suspension of functionalities; (ii) the suspension of payments, incentives or withdrawals of balances; (iii) the temporary retention of amounts under review;(iv) the cancellation of the Trip; and/or (v) the suspension or termination of the Account.

All of the foregoing shall apply without prejudice to TRIBBU’s right to claim reimbursement of any amounts unduly received and to pursue any legal actions that may be available.

You acknowledge and accept that any reference on the Platform or within the Services to “certified” information, or to any similar term, merely indicates that a User has successfully completed the verification procedure available within 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 any information subject to the verification procedure.

TRIBBU reserves the right to request from Drivers their driving licence and/or civil liability insurance, and to share such information with the relevant company, university or municipality in order to verify that such documents remain valid.

4. Use of the services

4.1 Posting of Listings

As a User, provided that you comply with the conditions set out below, you may create and publish Listings in the App by entering information about the Trip you intend to undertake (dates/times/pick-up and drop-off 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 for vehicles that you own or use with the express consent of the owner, and provided that you are authorised to use the vehicle for ride-sharing purposes;
3. you are and will remain the main driver of the vehicle subject to the Listing;
4. the vehicle has at least valid third-party liability insurance;
5. you do not suffer from any medical condition or incapacity that would prevent you from driving;
6. the vehicle you intend to use for the Trip is a four-wheel passenger vehicle with a maximum of seven seats, excluding vehicles commonly known as “license-free vehicles”, light quadricycles and quads;
7. you do not intend to publish another Listing for the same Trip on the App with the same date and time;
8. you do not offer more Seats than those available in your vehicle and permitted on the App;
9. all Seats offered are equipped with a seatbelt, even if the vehicle is approved with seats without seatbelts;
10. you use a vehicle in good condition that complies with all applicable legal regulations and has a valid vehicle 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 that you publish on the App. Accordingly, you acknowledge and warrant the truthfulness and accuracy of all information included in your Listing and undertake to carry out the Trip under the conditions described therein;
13. the vehicle used for the Trip may not be one intended for professional activities, such as buses, taxis, VTC vehicles or any other vehicles subject to licences or special authorisations. The Platform is intended exclusively for journeys carried out with privately used vehicles.

Your Listing, provided that it complies with these GTCU, will be published on the App and may therefore be viewed by all Users performing a search on the App or on the websites of companies associated with TRIBBU. TRIBBU reserves the right, at its sole discretion and without prior notice, not to publish or to remove, at any time, any Listing that does not comply with these GTCU or that it considers may damage its image, the image of the App or the image of the Services.

You acknowledge and accept that the criteria used to classify and determine the order in which your Listing is displayed among other Listings are defined exclusively by TRIBBU.

TRIBBU and the company promoting the service reserve the right to modify the incentives at any time, notifying all Users of such changes accordingly.

4.1.1 TERRITORIAL LIMITATIONS OF TRIPS

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

1. All Trips carried out by a User within the same calendar day must take place entirely within a single province.
2. Accordingly, a User may not carry out Trips within the same day that involve travel between different provinces.
3. The App may technically restrict the publication or validation of Trips that do not comply with this restriction.
4. Failure to comply with this limitation may result in the cancellation of the Trip, the temporary suspension of Account functionalities or, in the event of repeated breaches, the termination of the User’s Account.

4.1.2 DAILY TRIP LIMIT

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

1. Each User may carry out a maximum of five (5) Trips per calendar day using the App.
2. For the purposes of this limit, any journey published or carried out through the App shall be considered a Trip, regardless of the number of passengers transported or the reservations associated with it.
3. TRIBBU may establish technical control mechanisms to verify compliance with this daily limit.
4. If the maximum daily Trip limit is exceeded, the App may prevent the publication of new Listings, cancel pending Trips, or apply measures limiting or suspending the Account.

4.2 Booking a seat

TRIBBU has implemented a system for online Seat reservations (“Reservation”) for certain Trips offered on the App.

When a Passenger is interested in a Listing, the Passenger may submit an online Reservation request. This Reservation request shall be automatically accepted by the Driver. At the time of the Reservation, the Passenger makes an online payment through the payment service provider for the amount of the Shared Costs and any applicable Management Fees. Once payment has been received by TRIBBU and, where applicable, the Reservation has been validated by the Driver, the Passenger receives a Booking Confirmation (the “Booking Confirmation”).

In the event that the Reservation request is rejected or expires due to the Driver, the Passenger shall receive a refund of the full amount paid at the time of the Reservation request.

At the time of the Booking Confirmation, TRIBBU will provide you with the Driver’s telephone number (if you are the Passenger) or the Passenger’s telephone number (if you are the Driver). From that moment onward, each User shall be solely responsible for fulfilling the agreement binding them with the other User in relation to the Trip.

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

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

The App is designed for reserving Seats for persons. It is prohibited to reserve a Seat in order to transport any object, package, unaccompanied animal, or any other material item without the presence of a User participating in the Trip.

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

4.3 Rating System

4.3.1 OPERATION

TRIBBU encourages you to publish comments and/or ratings about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a Trip or with whom you were expected to share a Trip. However, it is not permitted to leave comments about another Passenger if you are a Passenger, nor about any other User with whom you have not travelled or were not expected to travel.

1. Your opinion, as well as opinions published about you by other Users, will only be visible and published on the App once the earlier of the following events has occurred:
   immediately after both parties have submitted a comment; or
2. after a period of 14 days from the first opinion.

You may respond to a comment posted on your profile by another User once 14 days have elapsed from the date of receipt of the comment. The comment and, where applicable, its response shall be published on your profile.

4.3.2 MODERATION

You acknowledge and accept that TRIBBU reserves the right not to publish or to remove any comment, question, opinion or response thereto if it considers that its content breaches the provisions set out in these GTCU.

4.3.3 LIMIT

TRIBBU reserves the right to suspend your Account or restrict access to the Services if:

(I) you have received at least three negative ratings, and (II) the average rating you have received is 3 or lower.

5. Financial Conditions

Access to and registration on the App, as well as the search, viewing and publication of Listings, shall be free of charge. However, a Reservation shall be made only upon payment of the applicable amount, under the conditions described below.

5.1 Shared Costs

The Shared Costs shall be determined by you, as Driver, under your sole responsibility. It is strictly prohibited to obtain any kind of profit through the use of our App. Accordingly, the Driver undertakes to limit the amount of Shared Costs requested from Passengers to the actual costs of the Trip that you are going to share with them. The Driver acknowledges that they are solely responsible for calculating such costs and for ensuring that the amount requested does not exceed the actual costs of the Trip. Failing this, the Driver shall assume the risks arising from any possible recharacterisation of the transaction carried out through the App.

When you publish a Listing, TRIBBU may suggest an amount of Shared Costs, based primarily on the nature of the Trip and the distance travelled. This amount is provided for guidance purposes only, and the Driver may adjust it taking into account the actual costs of the Trip. In order to prevent abusive use or use contrary to the collaborative nature of the App, TRIBBU may establish technical limits or reasonable parameters in relation to the amount of Shared Costs.

5.2 Management Fees

Access to, registration on and use of the Platform, as well as the publication and consultation of Listings, are free of charge.

In the current context of Trips with Reservation, TRIBBU does not apply any Management Fees or charge any commission on Seats reserved by Passengers. Accordingly, TRIBBU does not receive any commission on the amount of Shared Costs agreed between Drivers and Passengers.

Payments made in the context of a Reservation are processed through the third-party payment service provider indicated in these GTCU.

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5.3 Rounding

You acknowledge and accept that TRIBBU may, where technically necessary for the operation of the Platform or the payment system, round the amount of Shared Costs up or down within reasonable margins.

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

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, which may be consulted at the following link; together, the “Stripe Services Agreement.” By accepting these GTCU or continuing to use the Platform as a User on TRIBBU, you agree to comply with the obligations set out in the Stripe Services Agreement, as amended by Stripe from time to time.

In order to enable payment processing through Stripe, the User agrees to provide TRIBBU with complete, accurate and up-to-date information regarding their identity and authorises TRIBBU to share such information, as well as transaction data related to the use of the Platform, with Stripe where necessary for the provision of payment services.

5.4.2. STRIPE PAYMENT SOLUTION

TRIBBU uses the infrastructure of the payment service provider Stripe to facilitate payment processing within the App. For the avoidance of doubt, TRIBBU does not provide any payment processing services and does not take possession of Users’ funds, which are managed directly by the payment service provider Stripe in accordance with its own terms and conditions.

When the Passenger confirms the carpooling Trip, the Driver may choose to receive the amount of Shared Costs in their bank account or to accumulate such amount in their virtual wallet within the App, where such functionality is available.

For this purpose, the Driver may use the Stripe Payment Solution by entering into an agreement directly with the payment service provider Stripe and accepting its general terms and conditions.

For the purpose of receiving the first transfer of the amount of Shared Costs, the Driver must provide their bank account details and any other information required by the payment service provider. If such information is not provided or is incorrect, incomplete or outdated, the relevant transfer cannot be made.

The transfer shall be made directly by the payment service provider Stripe.

If an amount of Shared Costs remains unwithdrawn by the Driver for a period of five (5) months from the date on which it became available in the Account, TRIBBU may adopt the measures necessary to manage such amount in accordance with the applicable regulations and these GTCU.

5.4.3. KYC CHECKS

By using the Stripe Payment Solution, you accept that you may be subject to regulatory procedures applied by the Payment Solution Provider in accordance with its general terms of use.

Such procedures may include identity checks and other Know Your Client (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 payments made by you.

For the purposes of KYC checks, you may be required to provide such additional information as may be requested by the Stripe Payment Solution Provider. If you do not provide the required documentation, you will not be able to receive the amount of Shared Costs until your identity has been confirmed.

There may be situations in which the Stripe Payment Solution Provider must, in accordance with applicable laws, suspend the transfer of the amount of Shared Costs or access to the Payment Solution. TRIBBU has no influence whatsoever over such actions of 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 carry out in relation to the use of the Platform in accordance with these GTCU and the Privacy Policy.

5.4.4. COLLECTION AUTHORIZATION

By using the App as a Driver for Trips with Reservation, you grant TRIBBU authorisation to collect the amount of Shared Costs on your behalf. Accordingly, in the context of a Trip, and following the automatic or manual acceptance of the Reservation, TRIBBU shall manage the collection of the total amount paid by the Passenger (including, where applicable, Management Fees — if applicable — and the amount of Shared Costs) through the payment service provider, subsequently instructing the transfer of the amount of Shared Costs to the Driver’s Stripe-linked account (see Section 5.4.1).

You acknowledge and accept that none of the amounts managed by TRIBBU on behalf of the Driver shall give rise to any entitlement to interest. You undertake to respond with due diligence to any request made by TRIBBU and, in general, by any competent administrative or judicial authority, particularly in matters relating to anti-money laundering prevention. In particular, you agree to provide, upon request, any evidence of your address and/or identity that may be useful.

TRIBBU may retain, block, withhold and/or claim reimbursement of any associated incentive where there are reasonable indications of Fraud or Identity Theft, or where this is necessary 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 such measures as it deems necessary, including freezing paid amounts and/or suspending your Account.

5.4.5. PAYMENT OF THE AMOUNT OF SHARED COSTS TO THE DRIVER

After the Trip, Passengers shall have a period of 24 hours from the time the Trip has ended to submit a claim to TRIBBU in relation to the Trip. In the absence of any claim by the Passengers during this period, TRIBBU shall deem the Trip to have been confirmed.

From the time of such express or tacit confirmation, you, as Driver, shall have a credit to be paid into your Account. This credit shall correspond to the total amount paid by the Passenger at the time of confirming the Reservation, equivalent to the amount of Shared Costs.

When the Passenger confirms the Trip, you, as Driver, shall have the option of providing instructions to TRIBBU for the amount to be paid into your bank account (having previously entered your bank details in your Account). The payment order shall be transmitted to the payment service provider no later than the following working week after your request.

If an amount of Shared Costs remains unwithdrawn for an extended period in accordance with these GTCU, TRIBBU may adopt the measures necessary to manage such amounts. 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 have a balance in their virtual wallet within the App may request withdrawal of such balance, provided that the following conditions are met:

1. The amount is equal to or greater than EUR 10. Amounts below this threshold may not be withdrawn. However, in the event of a request to close the Account, the User may request withdrawal of the available balance by contacting TRIBBU technical support.
2. The User must have successfully completed the identity verification procedure (KYC). Further information in this regard can be found in Section 5.4.3 of this same clause.
3. The User must have an active and valid bank account in the User’s name, to which the amount of Shared Costs may be transferred through the payment service provider.

5.5. Issuance of proof of payment and/or Receipt for the Trip

a) Issuance of supporting documents:

TRIBBU shall make available to Users, upon request, proof of payment (for Passengers) or proof of receipt (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 supporting document shall be for information purposes only and may not be regarded as a commercial or tax document, but solely for payment/receipt traceability purposes (amount, date, trip, payment method and counterparty pseudonym/ID).

TRIBBU may refuse to issue supporting documents and/or cancel supporting documents previously issued where there are reasonable indications of Fraud or Identity Theft or where required by legal obligations or by 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 the Trip.

Where applicable, only TRIBBU may issue an invoice for its own services (for example, commissions / platform fees), without this altering the non-commercial nature of the Trip between Users.

c) Shared Costs cap and Driver responsibility:

The Driver undertakes not to request an amount of Shared Costs in excess of the actual costs of the Trip, excluding their own share of such costs and without any profit margin. The Driver shall be solely responsible for calculating such costs and for 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 chauffeured rental vehicle or any other commercial vehicle, taxi or company vehicle for the purpose of generating profit through the App. Please remember to provide TRIBBU, if requested, with a copy of your vehicle registration certificate and any other information demonstrating that you are authorised to use the vehicle concerned in the App and that you are not deriving any profit from such 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 carried and the amount of Shared Costs requested, places you in a position where you generate profit, or for any other reason that suggests to TRIBBU that you are generating profit through the Platform.

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

You agree to use the Services and the App solely for the purpose of connecting, on a non-commercial and non-business basis, with persons who wish to share a Trip with you.

As a Driver, you agree not to request an amount of Shared Costs exceeding the actual costs of the Trip or that may generate any profit for you. In this cost-sharing context, the Driver must bear their own share of the costs incurred in the Trip. You are solely responsible for calculating the costs incurred by you during the Trip and for ensuring that the amount of Shared Costs requested from your Passengers does not exceed the actual costs of the Trip (excluding your own share of such costs).

TRIBBU reserves the right to suspend your Account if you use a chauffeured rental vehicle, taxi, VTC vehicle or any other vehicle intended for the professional transport of passengers for the purpose of providing a public transport service or generating profit through the App.

Likewise, TRIBBU may request, whenever it deems necessary, a copy of the vehicle documentation or any other information that makes it possible to verify that you are authorised to use such vehicle in the App and that you are not obtaining any economic benefit through its use.

TRIBBU also 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 carried and the amount of Shared Costs requested, may indicate the existence of a professional activity or the obtaining of an economic benefit.

Finally, any conduct aimed at obtaining an undue benefit, incentivising fictitious Trips or manipulating the incentives system may be regarded as Fraud and shall give rise to the measures set out in these GTCU.

6.1. Liability of facilitators

Where companies, universities or other organisations make available to their members the possibility of using the App to carry out shared Trips, such initiative shall have the sole purpose of facilitating or promoting cooperation and participation networks within the framework of the collaborative economy. Accordingly, the decision to use the App shall rest exclusively with the Users and shall be entirely voluntary.

Facilitators shall not be liability whatsoever in relation to any interactions that may occur between the App and its Users, or between the Users themselves, even where such interactions take place within closed groups promoted by such facilitators.

You acknowledge and accept that Users (whether Drivers or Travellers) act under their sole and entire responsibility. TRIBBU and the facilitators neither control nor guarantee the validity, accuracy or lawfulness of the Listings, Seats and Trips offered, do not provide transport services and do not act as public transport undertakings.

Accordingly, you agree that facilitators shall not be held liable for any incident occurring during a Trip, in particular in relation to: (I) incorrect or inaccurate information communicated by the Driver in their 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; and (IV) any road traffic accident or other incident occurring during the Trip.

7. Cancellation Policy

7.1. Refund Conditions in the Event of Cancellation

This cancellation policy shall apply only to Trips with Reservation. The cancellation of a Seat in a Trip with Reservation by the Driver or the Passenger once the Reservation has been confirmed shall be subject to the following:

• Where the cancellation is made by the Driver, the Passenger shall be refunded the total amount paid (i.e., the amount of Shared Costs). This shall mainly apply in cases where the Driver cancels the Trip or fails to arrive at the meeting point within 20 minutes after the agreed time.
• In the event of cancellation by the Passenger:
  
  • If the Passenger cancels more than 24 hours before the scheduled departure time stated in the Listing, the Passenger shall be refunded the amount of Shared Costs.
  • If the Passenger cancels less than 24 hours before the departure time stated in the Listing and more than 30 minutes before the start of the Trip, the Passenger shall be entitled to a refund of half of the amount of Shared Costs paid at the time of the Reservation.
  • If the Passenger cancels less than 30 minutes before the scheduled departure time stated in the Listing, the Passenger shall not be refunded the amount of Shared Costs and the Driver shall receive the full amount of such Shared Costs.
  • If the Passenger cancels after the scheduled departure time stated in the Listing, or if the Passenger has not arrived at the meeting point within 15 minutes after the agreed time, the Passenger shall not be entitled to any refund. The Driver shall be compensated in the full amount of the Shared Costs.

Where cancellation takes place prior to the departure date for reasons attributable to the Passenger, the Seat or Seats cancelled by the Passenger shall automatically become available to other Passengers, who may book them online in accordance with these GTCU.

TRIBBU may assess, at its discretion and on the basis of the information available, the legitimacy of refund requests.

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 any 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, which governs the conditions under which Users may cancel a Reservation and, where applicable, obtain the corresponding refund.

8. Conduct of App Users

8.1 Commitment of all persons visiting the App

You acknowledge that you are solely responsible for complying with all applicable laws, regulations and obligations relating to the use of the App. The facilitating entity through which you access the Platform and TRIBBU shall not be held liable for the conduct of Drivers or Passengers, nor for any incidents that may occur during a Trip.

Furthermore, by using the App and during Trips, you agree 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 other Users of the App with false, misleading, malicious or fraudulent information;
3. not speak, behave or publish any content on the App that may be defamatory, abusive, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic in nature, that contains sexual connotations, incites violence, discrimination or hatred, promotes illegal activities or the use of illegal substances, or that, in general, is contrary to the objectives of the App or may infringe the rights of TRIBBU or third parties;
4. not infringe the rights of TRIBBU or damage its image, in particular with regard to 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 send another User your contact information in order to make a Reservation outside the App with the aim of bypassing the reservation system;
7. not contact another User through the App for purposes other than organising or coordinating the shared Trip;
8. not accept or make payments outside the App in connection with a Trip reserved through it;
9. comply with these GTCU and the Privacy Policy;
10. not use the App for professional, commercial or profit-making purposes;
11. not provide TRIBBU (particularly when creating or updating your Account) or other Users of the App with false, misleading, malicious or fraudulent information;
12. not speak, behave or publish any content on the App that may be defamatory, abusive, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic in nature, that contains sexual connotations, incites violence, discrimination or hatred, promotes illegal activities or the use of illegal substances, or that, in general, is contrary to the objectives of the App or may infringe the rights of TRIBBU or third parties.
13. In the case of Trips financed wholly or partially by the facilitating company or organisation, the User acknowledges that the chosen route must reasonably correspond to the usual journey between the pick-up point and the destination associated with the start or end of the working day or work shift. The User further acknowledges that the possible classification of an accident as a work-related accident shall depend exclusively on the applicable legislation and on the assessment carried out by the competent authorities or entities. The Mutual Insurance Company for Occupational Accidents and Professional Diseases may refuse to classify a potential accident as a work-related accident depending on the circumstances involved. The company shall not be responsible for any consequences resulting from any incident or eventuality that may arise from the use of the APP and/or from the performance of Trips under the modality offered by it.

8.2 Commitment of Drivers

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

1. comply with all laws, regulations and codes relating to driving and the vehicle, in particular by having valid civil liability insurance at the time of carrying out the Trip and holding a valid driving licence;
2. verify that your insurance policy covers ride-sharing journeys and that the Passengers with whom you share the Trip are considered third parties in your vehicle and therefore covered by your insurance;
3. not take any risks while driving and not consume any product or substance that may negatively affect your attention and ability to drive safely and attentively;
4. publish Listings that correspond only to Trips that have already been planned;
5. carry out the Trip in accordance with the description in the Listing (in particular with regard to whether or not highways are used) and comply with the times and locations agreed with other Users (in particular the meeting point and destination);
6. not carry a number of Passengers greater than the number of Seats indicated in the Listing;
7. use a privately owned vehicle, in good condition and compliant with all applicable legal regulations, particularly with a valid vehicle inspection certificate (ITV);
8. provide TRIBBU, when requested, or Passengers when reasonably necessary, with your driving licence, the vehicle registration certificate, your insurance policy, the vehicle inspection certificate or any other document demonstrating your ability to use the vehicle as a Driver on the App;
9. inform your Passengers without delay in the event of delay or any change in the time or the Trip itself;
10. wait for Passengers at the agreed meeting point for at least 30 minutes after the agreed time;
11. not publish any Listing relating to a vehicle that is not your property or for which you do not have authorisation to use within the context of ride-sharing;
12. ensure that Passengers can contact you at the telephone number registered in your profile;
13. not generate any economic profit through the use of the App;
14. not suffer from any medical condition or incapacity that prevents safe driving;
15. behave appropriately and responsibly during the Trip, in accordance with the principles of ride-sharing.

8.3 Commitment of Passengers

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

1. behave appropriately during the Trip so as not to disturb the Driver’s concentration or driving or the peace and quiet of other Passengers;
2. respect the Driver’s vehicle and its cleanliness;
3. inform the Driver without delay in the event of delay;
4. wait for the Driver at the agreed meeting point for at least 30 minutes after the agreed time;
5. provide TRIBBU, or any Driver who reasonably requests it, with your identity document or any other document proving your identity;
6. not transport during a Trip any item, substance or animal that may distract the Driver’s concentration or driving, or whose nature, possession or transport is illegal;
   
   
7. ensure that Drivers can contact you at the telephone number registered in your profile, including at the 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 guarantee that such third party shall comply with the conditions set out in that clause and, in general, with these GTCU. TRIBBU reserves the right to suspend your Account and/or limit your access to the Services in the event of non-compliance.

8.4 Fraudulent Behavior: Consequences

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

In this regard, the User expressly undertakes, on a continuous 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:

1. involves the provision or use of false or misleading data;
2. involves the manipulation or circumvention of the Platform’s controls (including Security Verification Measures); or
3. may endanger the security of other Users or the Platform (for example identity theft, impersonation, spam, the use of suspicious IP addresses or 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, the offence of fraud and its variants (Articles 248, 249, 250, 251 and 251 bis), as well as cybercrime offences (for example phishing), without prejudice to their possible specific classification by the competent authorities.

Likewise, where TRIBBU operates or provides services in other jurisdictions, equivalent provisions and analogous consequences provided for in the applicable legislation 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 actions available to it:

1. temporarily suspend or block the User’s Account, restrict access to the Services and/or cancel Listings, Reservations or Trips linked to such conduct;
2. retain, block or temporarily withhold payments, balances, cost contributions and incentives, and 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
3. request additional information and/or supporting documentation and/or require completion of Security Verification Measures.

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

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

1. permanently block the Account and expel the User from the community with immediate effect;
2. refuse to pay outstanding amounts, cancel improperly generated incentives and/or claim reimbursement of any amounts improperly received, to the extent permitted by law and payment providers;
3. claim damages caused to 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 funds;
   
   
4. report the facts to the competent authorities where there are reasonable indications of unlawful activity, providing available information in accordance with applicable regulations; and
5. exercise any legal actions available to it, including civil and/or criminal actions.

8.5 Reimbursements and Cost Compensation in the Event of Fraud

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

TRIBBU may offset such amounts against balances pending payment to the User, to the extent permitted by applicable regulations and by payment service providers.

9. Limitation of Liability

TRIBBU provides the services of the App and the Platform “as is” and “as available.” The services of the App and the Platform may be subject to limitations, delays and/or other problems inherent to the use of the Internet and electronic communications. Accordingly, it is not guaranteed that such services will be continuously available or free from errors at all times.

Neither TRIBBU nor any client company or partner company of TRIBBU shall be liable for any loss or damage suffered by Users as a result of improper use of the App and/or Platform owned by TRIBBU, except in cases of wilful misconduct or gross negligence on the part of TRIBBU or its clients or partners.

At all times, the User (whether Driver or Passenger) shall be personally responsible for complying with these GTCU and for everything that occurs before, during and after the Trip, thereby releasing TRIBBU and TRIBBU’s client or partner companies from any liability arising from damages, injuries, delays or failures in performance resulting from circumstances beyond TRIBBU’s reasonable control.

Any damage or loss caused as a result of insufficient, incorrect or incomplete information relating to the Trip, including the origin and/or destination addresses required for the proper provision of the services, shall be the sole responsibility of the User.

By accepting these GTCU, the User acknowledges and agrees that TRIBBU acts exclusively as a technological intermediary platform between Users and shall therefore not be responsible for damages or incidents that may occur during the Trip, except where such liability is required under applicable law.

10. Account Suspension, Access Limitation and Restriction

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

In the event of: (I) a breach by you of these GTCU, including but not limited to a breach of your obligations as a User as set out in Clauses 6 and 8 above; (II) exceeding the limit established above in Clause 4.3.3; or (III) where TRIBBU has legitimate 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 limit your access to the Services;
• cancel or block Listings, Reservations or Trips;
• retain, block or temporarily withhold payments, balances and incentives in accordance with these GTCU; and
• permanently terminate your Account where the breach is serious or repeated, or where reasonable indications of Fraud and/or Identity Theft are confirmed.

Where such termination or suspension is necessary, you shall be notified of this decision so that you may submit your explanations to TRIBBU. TRIBBU shall decide, at its discretion, whether or not to lift the termination or suspension applied.

11. Personal Data

In the context of your use of the Platform, TRIBBU will collect and process your personal information for the purpose of: (i) managing registration, the Account and the provision of the Services; (ii) enabling the publication and management of Listings and Reservations; (iii) managing payments, incidents and 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 use in accordance with the applicable privacy and data protection regulations. The information collected is used for various purposes, including the management of the platform services, fraud prevention, compliance with legal requirements and the improvement of the user experience.

The processing of data is based on different legal grounds, including: (i) the performance of these GTCU and the provision of the Services; (ii) compliance with legal obligations; and (iii) the legitimate interest of TRIBBU in improving its services, protecting the integrity of the Platform, preventing abusive use and ensuring security, without prejudice to the rights and freedoms of the User. Where required, TRIBBU shall obtain the corresponding explicit consent.

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

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

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

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, its contents (including texts, images, designs, logos, videos, sound, data and graphics), the software and the databases ensuring its 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 GTCU and for non-commercial purposes. It is strictly prohibited to use or exploit the App and the Services, including their content, for any purpose other than that intended 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 the prior express authorisation of TRIBBU;
• decompiling or reverse engineering the App or the Services, except where permitted by applicable law; and
• extracting or attempting to extract (including by using data extraction robots or similar data collection tools) a substantial part of the data contained in the App.

12.1 Content Published 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 with respect to the content, information and materials that the User provides, publishes or transmits through the Platform (hereinafter, the “User Content”).

This 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 all or part of the User Content on any digital medium, whether known or unknown (including servers, cloud storage systems, hard drives, backups or other equivalent technical means), strictly to the extent necessary for storage, indexing, backup, transmission, availability or download linked to 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 digital medium referred to above, in order to provide the Services in different languages. This right includes the possibility of modifying the format of your User Content, with due respect to your moral rights, for the purpose of complying with the graphic design of the App or making the Content technically compatible with our software for publication through the App.
3. 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, always in a proportionate manner 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 publication could compromise the User’s security be disclosed.

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 associated costs. These Listings may be viewed by other Users in order to review the conditions of the Trip and, where applicable, 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 established in these GTCU).

By using the App and accepting these GTCU, 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 behaviour of Users of the App. Likewise, TRIBBU 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 exclusive responsibility.

In its capacity as a technological intermediary, TRIBBU shall not be 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 behaviour of Users before or after the Trip.

14. Operation, Availability and Functionality of the App

TRIBBU makes reasonable efforts to ensure the availability and proper functioning of the App and the Platform, seeking to maintain their operation on a continuous basis, 24 hours a day and 7 days a week. However, access to and uso of the App may occasionally be interrumpted, limited, slowed down or otherwise affected by technical incidents, system overloads, maintenance, migration or upgrade operations, failures in telecomunications networks, security measures, power outages, or any other technical, operational or legal circumstance beyond TRIBBU’s reasonable control.

Accordingly, TRIBBU does not guarantee the continuous and uninterrupted availability of the App or the Platform, nor permanent access to all of its functionalities. Likewise, TRIBBU shall not be held liable for temporary interruptions of the service, technical errors, temporary loss of access, automatic blocks resulting from security measures, or any limitations or incidents arising from the causes described above, except where such liability cannot be excluded under applicable law.

The User acknowledges and agrees that the functioning of certain functionalities of the Platform, including, among others, the registration or validation of Trips, the verification of Users, the allocation of incentives, or the calculation of credits or bonuses, depends on the proper technical functioning of the Platform and the associated IT system.

In the event of technical incidents, system failures, platform overloads, automatic blocks resulting from security measures, errors in the recording of the User’s activity, or any other technical anomaly that prevents the proper validation of a Trip or of an activity carried out through the Platform, TRIBBU shall not be liable for any damages that may arise from such incident and shall not be required to recognise or grant any incentives, credits, bonuses or benefits associated with such activity.

The foregoing shall be without prejudice to TRIBBU’s right, at its sole discretion and without constituting any admission of liability, to adopt corrective measures or grant commercial compensation in those cases where it deems appropriate.

Furthermore, TRIBBU reserves the right to modify, limit, suspend or disable, in whole or in part, access to the App or to certain functionalities whenever this is reasonably necessary for technical, operational, maintenance, security or legal reasons, whether on a temporary or permanent basis.

15. Amendment to the Terms and Conditions

These GTCU, together with the documents incorporated by reference, constitute the entire agreement between the User and TRIBBU in relation to the use of the Services. Any other document mentioned in the App (such as Frequently Asked Questions) is provided for informational purposes only.

TRIBBU may amend these GTCU in order to adapt them to its technological and commercial environment or to comply with applicable legislation. Any amendment to the GTCU shall be published on the App indicating the date on which it enters into force. In the event of substantial modifications, TRIBBU shall notify Users before such modifications enter into force through reasonably available means.

16. Energy Savings Certificate Incentive (Spain Only)

16.1 Description of the Incentive

Within the framework of the legislation relating to Energy Savings Certificates (CAE), TRIBBU and Delcae (a limited liability company with registered office at Paseo de la Castellana 140, 6ºB, 28046 Madrid, Spain, registered under number B56305618) may offer you, at their discretion, an incentive derived from the energy savings generated by sharing a vehicle using the Platform as a Driver and/or Passenger, under the conditions established in: Royal Decree 36/2023 of 24 January 2023 establishing a system of Energy Savings Certificates in Spain; Order TED/815/2023 of 18 July 2023; Order TED/845/2023 of 18 July 2023; and the Resolution of 3 July 2024 of the General Directorate for Energy Planning and Coordination updating Annex I of Order TED/845/2023 approving the catalogue of standardised energy efficiency measures, as well as the TRA030 and TRA040 technical sheets, according to the additional verification criteria established by the Ministry for the Ecological Transition and the Demographic Challenge.

These provisions apply to journeys carried out through the Platform between 26 January 2023 and 18 July 2024 inclusive, subject to the conditions described below.

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

The details and value of the incentive will be communicated once the mandatory checks referred to in Clause 16.3 have been carried out. Such communication shall be for informational purposes only and shall not constitute a guarantee of payment of the incentive, which shall remain subject to the validation of energy savings in accordance with Clause 16.3.

TRIBBU may at any time modify, suspend or terminate the incentive offer by notifying the affected Users in advance. The User acknowledges and accepts that the existence and validity of the CAE regulatory framework constitute an essential condition for the issuance and/or payment of the incentive by TRIBBU. Consequently, in the event of modification, suspension, cancellation, invalidation or total or partial repeal of the regulations governing the CAE System, the incentive offer may automatically cease to apply, without generating any right to compensation or payment by TRIBBU.

Furthermore, TRIBBU reserves the right to establish additional conditions for the use of incentives on the Platform. TRIBBU also reserves the right to cancel or set an expiry date for any credit issued in the following cases:

• the credit is not being used strictly in accordance with the applicable terms of use; or
• TRIBBU reasonably suspects fraudulent or improper use of the credit.

16.2 Eligibility for the incentive offer

You may only benefit from this incentive offer as a Driver and/or Passenger if you meet all of the following conditions:

1. you are registered on the website www.tribbuapp.com and have an active Account on the Platform;
2. you registered your real first and last name in your Account (pseudonyms, random sequences of letters, use of numbers or similar identifiers are not accepted) before 18 July 2024 inclusive;
3. you verified your email address and mobile phone number before 18 July 2024 inclusive;
4. you carried out at least one Trip in Spain between 26 January 2023 and 18 July 2024 inclusive between two cities in Spain:
   
   1. as a Driver with at least one Passenger who paid the Shared Costs through the Platform; and/or
   2. as a Passenger having paid the Shared Costs to the Driver through the Platform;
5. if you are a Driver, you registered your bank details in your Platform Account and received the payment of the Shared Costs corresponding to the Trip mentioned above;
6. you received a communication directly from TRIBBU informing you about the CAE system and the possibility of benefiting from an incentive in exchange for the transfer of the energy savings generated through the use of the Platform and you did not opt out of the incentive or refuse the processing of the associated personal data as described in the Privacy Policy; and
7. you have not benefited from an equivalent incentive for the same Trip through another car-sharing platform.

16.3 Verification of Compliance with the Conditions of the Incentive Offer and Validation of Energy Savings by the Authorities

The User agrees to respond promptly and diligently to any reasonable request for information made by TRIBBU in order to verify compliance with the conditions of this offer. In the absence of a satisfactory response, TRIBBU reserves the right not to grant or pay the incentive.

Furthermore, the CAE System regulations impose mandatory checks and validation of the energy savings submitted by the entities responsible for controls, such as the National Coordinator or authorised energy savings verifiers. These verifications and validations constitute conditions for the issuance and/or payment of the incentive, which shall only be made after final validation by the National Coordinator.

The User acknowledges and accepts that if the energy savings associated with their Trip are not validated by the National Coordinator of the CAE System, TRIBBU will not be able to issue or pay the corresponding incentive.

17. Incentives, credits, bonuses and promotional benefits

The incentives, credits, bonuses or promotional benefits that TRIBBU may offer to Users through the Platform are strictly promotional in nature and shall in no case constitute remuneration or an acquired economic right of the User.

The granting and calculation of such incentives shall in all cases be subject to compliance with the eligibility requirements established by TRIBBU, as well as to the technical validation, verification and monitoring processes of the User’s activity through the Platform. In particular, TRIBBU may subsequently verify the completion of Trips and the proper use of the Platform before recognising or paying any associated incentive, credit or bonus.

Furthermore, TRIBBU reserves the right to modify, suspend or cancel at any time the incentive, credit or promotional benefit programmes, as well as their operating conditions, for technical, operational, economic or legal reasons.

In no event shall the mere completion of a Trip or the apparent fulfilment of the established requirements by itself generate an automatic right to obtain an incentive if such Trip has not been properly registered, validated and verified through the Platform.

Accordingly, where due to technical causes, system incidents, platform overloads, automatic blocks resulting from security measures, errors in the recording of the User’s activity, or any other technical circumstance affecting the operation of the Platform it is not possible to properly verify a Trip or an activity carried out through the Platform, TRIBBU shall not be obliged to grant, recognise or pay the incentives, credits, bonuses or benefits associated with such activity, except where such obligation is required under applicable law.

18. 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., whose registered office is located at Calle Espronceda 40, 28003 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).

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 having jurisdiction in accordance with the applicable consumer protection legislation.

Where the User has the status of a consumer, jurisdiction shall correspond to the courts and tribunals of the User’s place of residence or of the place of performance of the obligation, in accordance with applicable law.

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

‍

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;

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

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.

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.

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.