These general contractual conditions (hereinafter, the general purchasing conditions), together, where applicable, with any specific conditions that may be established, govern the relationship between the company Subús Grupo de Transporte S.L. (Vectalia) and any Customers performing a top-up of their Travel Pass via any of the Bus Pass formats, by means of the online top-up option on our website www.alicantemetropolitano.es
The identification details of the operator of the ON-LINE TOP-UP service are:
Subús Grupo de Transporte S.L. (referred to hereinafter under the brand name VECTALIA).
Registered office: Avenida Denia 155. Alicante 03015
Tax ID: B54347265
These general conditions have been drawn up in accordance with the provisions of Spain's Information Society and Electronic Commerce Services Act 34/2002, of 11 July 2002; General Contractual Conditions Act 7/1998, of 17 April 1998; Royal Decree 1906/1999, of 17 December 1999, governing Telephone or Electronic Contracts with General Conditions, in implementation of Article 5.3 of Act 7/1998; Royal Legislative Decree 1/2007, of 16 November 2007, approving the consolidated text of the General Consumer and Customer Protection Act, and other complementary laws; Retail Trade Regulatory Act 7/1996, of 15 January 1996, Royal Decree-Act 14/1999, of 17 September 1999, governing electronic signatures, and any other applicable legal provisions.
The on-line top-up process presupposes acceptance of these general purchasing conditions, and full, explicit and unreserved acceptance of all the general purchasing conditions published by Vectalia at the moment when the Customer accesses the ONLINE TOP-UP service.
If the Customer registers their acceptance of the contents of the general purchasing conditions, by marking the checkbox indicating this, they may then continue with the top-up process, which will otherwise not be enabled.
The ONLINE TOP-UP service is intended for end consumers, in the sense established in the aforementioned Royal Legislative Decree 1/2007, of 16 November 2007, and for consumption by the Customer themselves, or the persons in whose name the Customer is legally authorised to act.
The Customer must be of legal age, and have sufficient legal capacity to enter into contracts and be bound by these general purchasing conditions when entering into the contract with VECTALIA. This notwithstanding, the Customer will explicitly accept, without any exception, that access to and usage of the ONLINE TOP-UP service will be performed subject to the Customer's sole and exclusive responsibility.
VECTALIA reserves the right, for reasons of force majeure and without prior notice, to amend the presentation and configuration of the service module or modules allowing the ONLINE TOP-UP, and also to suspend access on a temporary or definitive basis.
The electronic platform is intended for non-personalised travel pass users, and for beneficiaries of the urban transport accreditation pass, those users who have filed a request which has been approved.
In the case of enabled travel passes, the initial balance acquired will be included upon handover of the travel pass or ticket acquired, which will be handed over at the customer service office. The maximum top-up permitted corresponds to the initial balance plus the cost of the card.
Top-ups of passes already issued will be performed directly via the website.
The system will perform the top-up in accordance with the current tariff. The system will in all cases store the purchase for a period of one year. During this waiting period, the card will be automatically updated during the first validation process performed.
Once this waiting period has ended, if the Customer has not activated the top-up performed by means of the corresponding validation machine in order to update their pass, they will need to go in person to the Vectalia Customer Service Office at the address Calle Díaz Moreu 6, Alicante, with the corresponding valid card and the receipt for the top-up, in order for the situation then to be resolved. The period during which the Customer may claim a top-up which has been purchased and not validated within the stated period ends whenever there are amendments to the functional characteristics of the passes.
Once the ONLINE TOP-UP is confirmed, the top-up will be available in our computer system 30 minutes after your purchase (unless any incident of force majeure occurs).
If you note any problem or incident when activating your online top-up, you should contact our customer service office, presenting the online top-up receipt and the card in question, for the incident to be investigated.
For any type of clarification or query regarding the functioning of the service, Customers may contact the Vectalia Customer Service Office by phoning 965 14 09 36, attending in person, using our "Suggestions, Queries and Claims" Service on our website, or at the email address tam@vectalia.es.
Vectalia here states that the procedures to perform any acquisition of transport entitlements are as described in these general purchasing conditions, along with any others that may be indicated during the top-up process.
The object of the Vectalia ONLINE TOP-UP system is to top up Bonobus travel passes for the use of our transport services at a fixed price at any time, over the Internet. Top-ups of travel entitlements performed via the ONLINE TOP-UP service have the same characteristics, rights and obligations as those acquired via the company's other points of sale and top-up.
Vectalia here declares that all prices published in the ONLINE TOP-UP module are in euros, and include all corresponding taxes, in addition to the mandatory travel insurance.
The City Council approves the prices of transport entitlements, the billing basis being the tariff(s) in force at the time when the order is made.
By following the established purchasing process, the Customer will need to identify themselves by completing their personal data as required to undertake the purchase. The Customer will then need to provide the information required in each case and for each travel pass they wish to acquire. The process will end by entering the details of the credit or debit card as requested, together with the corresponding security codes, via the gateway administered by a bank.
In order to perform an ONLINE TOP-UP, Customers must be at least 18 years of age, and fulfil the instructions which appear on screen, bearing in mind the following:
Any electronic form displayed on the Website must be properly completed, by following the instructions that it contains.
Customers warrant that they enjoy full capacity to make the purchase, that they are the holder of the credit/debit card used to confirm payment, and that the account associated with this card contains sufficient funds for the transaction.
Top-ups acquired over the Internet for personalised travel passes are non-transferable. Usage requires confirmation of the ID CARD or PASSPORT of the Customer, which must match the ID CARD or PASSPORT number indicated on the travel pass.
In the case of tickets acquired over the Internet for minors who do not hold an ID Card, the ID Card of the person accompanying the minor must be indicated in the website section set aside for this purpose.
If these details do not match, the top-up will be deemed invalid.
Once the purchasing process has been completed, the corresponding receipt will appear in the purchase record, indicating the amount of money charged or the travel entitlement acquired, its price, and all legally required details, in order to allow the Customer to print off or save this.
Vectalia recommends printing off or saving the purchase receipt or a copy of the invoice and of the purchase made via the bank payment gateway, to facilitate procedures in the event that any incompatibility occurs, the conditions indicated in item 3.1 of this document are not fulfilled, or any incident arises during the top-up activation process.
In accordance with the provisions of Article 29 of Information Society and Electronic Commerce Services Act 34/2002, of 11 July 2002, the contract will be deemed to have been performed at the location where the user has their regular abode.
This is the entitlement enjoyed by the user to void a contract in certain cases without the need to justify their decision nor accept any penalty. In accordance with Article 93(k) of Royal Legislative Decree 1/2007, approving the Consolidated Text of the General Consumer and User Protection Act, the regulation of remote sales (except for Article 98.2) does not apply to passenger transport service contracts. As a result, in personal transport service reservations, the right of withdrawal does not apply. This means that if the user declares that they wish to cancel the tickets contracted, they will be subject to the cancellation conditions of the transport carrier company in question.
Once the top-up is complete (purchase via the online module), there will be no possibility of withdrawal on the part of the Customer.
After the waiting period has passed, if the Customer has not activated the top-up performed via the corresponding validation machine, they must go in person to the Vectalia Customer Service Office at the address Calle Díaz Moreu 6, Alicante, with the corresponding card and top-up receipt, in order then to resolve the situation. The period during which the Customer may claim a top-up which has been purchased and not validated within the stated period ends whenever there are amendments to the functional characteristics of the passes.
In the case of cancellations, the Customer must request the cancellation and refund from the concession-holding company, which will, once it has cancelled the transaction in its systems, proceed to make a refund, provided that the top-up has not been applied to the card.
You should bear in mind that the delivery times, service quality, point of delivery and cost will differ for each transport pass acquired.
Where initial travel passes are requested and topped up, the delivery date will be at the Vectalia customer service office. And this will depend on the confirmations performed to acquire the selected pass. Delivery deadlines will be stated by email or in the customer area. Once your request has been accepted, you may make an appointment via our online module to select the date and time to collect the travel pass. However, both may vary depending on the specific circumstances of each order. In particular: Delivery deadlines may be affected by extraordinary incidents and by difficulties outside the control of the company.
For online travel pass top-ups, the time varies depending on the city [where available] and other variables, as explained in the FAQ section.
There are no postage costs, since travel passes cannot be posted.
Payment may be made by means of a credit or debit card. During the online purchase, the user has access to an SSL secure protocol application on each and every one of the pages required for the purchase.
The holder of the card with which the transactions are performed on the website is responsible for the use thereof. The website offers SSL secure encryption to guarantee communication between the bank payment gateway and the website. Credit card details are entered on a secure page, and transferred by SSL.
To proceed to make payment for the top-up operation, the Customer should follow each and every one of the instructions appearing on screen, providing the following credit or debit card information: a) Type; b) Number; c) Expiry Date; and d) Required validation codes. Vectalia guarantees complete security in customer transactions, as it has in place the latest technological standards, on the date of launch of the ONLINE TOP-UP module, with regard to security services and protocols. Transactions will be performed securely by means of the SSL protocol. If the PoS terminal informs Vectalia that the card with which the Customer was attempting to make the payment has been declined, the order will be automatically cancelled and the Customer informed thereof.
For greater security, it is here stated that banking details will not be recorded on any computer application owned by Vectalia, and will be used only for the bank to collect payment, and for subsequent incident handling or monitoring.
The purchase information will be stored for a period of no more than 5 years. The Customer will be entitled to be informed of the details of their purchases whenever they so request.
By way of example, force majeure is understood to include, without being confined to, the following events:
Any occurrence that is impossible to foresee, or even if foreseen or foreseeable, proves unavoidable, errors in access to various Vectalia online services, lack of electrical supply or telephone service, damage caused by third parties or by attacks on the portal server (viruses) affecting the quality of the services, and that are not attributable either to Vectalia or to the Customer, errors in the transmission, dissemination, storage or delivery to third parties of the products and contents of the portal, problems or errors faced by such third parties in receiving, obtaining or accessing services, fires, floods or earthquakes, strikes or labour disputes or other social unrest preventing the supply of the products, and hence the fulfilment of the obligations accepted by Vectalia, lack or shortage of fuel or electrical energy, accidents, warfare, trade or any other embargoes, blockade, riots or any governmental provision.
Administrative or management errors will not be considered cases of force majeure.
In the event that any provision or provisions of this or future general conditions is or are deemed to be null and void or unenforceable, in whole or in part, by any court or competent administrative body, such nullification or unenforceability will not affect the other provisions of the general conditions.
If Vectalia does not exercise or enforce any right or provision contained in these general conditions, this will not constitute a waiver thereof.
The legal relations derived from sales and purchases made via the Website will be governed by the Spanish legislation in force, which applies in all aspects not covered by these Sale and Purchase Conditions, with regard to interpretation, validity and enforcement.
In those cases where the regulations allow the possibility of the parties accepting a legal forum, Vectalia and the Customer explicitly waive any other forum to which they might have been entitled, and accept the jurisdiction of the courts of the city of Alicante.