Terms & conditions

1. General

In compliance with the general information obligation of Art. 10 of the Spanish Law 34/2002 of July 11 for services related to the information and e-commerce society. The APP “DRIVANIA” and the website www.drivania.com are owned by DRIVANIA EUROPE, SLU (hereinafter DRIVANIA), with registered address at CALLE JESUS SERRA SANTAMANS 2 PL 0 - PAR EMP CAN SANT JOAN - 08174 SANT CUGAT DEL VALLES (BARCELONA) SPAIN, and CIF tax ID B62651427e, registered in the Barcelona Companies Register, Volume 33890, Page 113, Sheet B-234825.

Drivania reserves the right to modify these Terms of Use and Privacy Policy in order to adapt them to the applicable legislation in force. Drivania may, at any time and without prior notice, make changes and updates to these Terms. These changes will be published in the portal and take effect the moment they are published.

As a result, the Supplier must periodically check for any changes to these Terms, and regardless of whether there is express consent or not, if the Supplier continues using the service after the changes have been published, this implies the Supplier’s acceptance of those terms. If the Supplier does not agree with the updated Terms of Use and Privacy Policy, they can choose to renounce by ceasing to use the service.

Accessing and downloading the application is free, except with regard to the cost of the connection via the telecommunications network made available by the service provider hired by the User.

A person who downloads and uses the application is classified as its User (hereinafter the ‘User’), which involves reading, understanding and agreeing to all the terms and conditions specified in this document.

2. Drivania's purpose

Drivania is an application of DRIVANIA EUROPE, SLU, whose aim is to provide private transportation services in chauffeured vehicles.

Drivania has an office in Barcelona as well as United States locations in San Francisco, Miami and New York.

It has a young, dynamic and international team of professionals who work hard every day to offer quality customer service, technical support and sales assistance. The chauffeurs are professionals with years of experience.

3. Operation

The Drivania application is intended for use by businesses and individuals, and it provides Users with private chauffeured transportation services in more than 1,000 cities.

Through Drivania, Users can book a chauffeured vehicle service at their travel destination in less than one minute and with only three steps:

1. Select the type of ride, date, time, pick-up location and destination.

2. Choose the vehicle that best fits your needs.

3. Enter the passenger information.

Two hours before the ride, we will send a text message with the driver's name and phone number to the passenger.

Through your Drivania.com account, you can manage all your reservations, check the status of each booking and the driver assignments in real time, and much more.

Drivania offers two types of services:

- Transfers: From point A to point B.

- Hourly: A vehicle is at your disposal for a minimum of three hours.

These services are exclusively for individuals of legal age (18 years and up). We do not collect or intend to collect information from minors. If it is believed that a user of the service is a minor and that the information required to log in has been falsified, Drivania may refuse to provide the User with access to the services offered.

In any case, the parents and/or legal guardians of minors must ensure compliance with this requirement since they are responsible for the actions of those minors. If parents and/or legal guardians believe or discover that a minor under their care has provided personal information without their consent, they may contact mk@drivania.com.

We suggest registering in the app and website to hire the services.

Users may visit the “Sign-up” section to register.

Drivania hereby informs you that as part of the process to book the service, you will be required to identify yourself with a username and password. The user will have access to the hired service and will be able to modify their information. These credentials will enable access to the services provided by the application and the website.

The user must keep the credentials under their own responsibility in strict and utmost confidentiality, thereby assuming damages and consequences of any kind that may arise from the breach of confidentiality or disclosure of information. For security reasons, the credentials for electronic access to the services linked to the website may be modified by users at any time. The user agrees to immediately notify Drivania of any unauthorized use of their credentials as well as of unauthorized access to them by third parties.

4. Privacy Policy

DRIVANIA EUROPE, SLU (DRIVANIA) is the Entity Responsible for processing the personal data of the Interested Party, who is informed that this data will be handled as per the applicable legislation on personal data protection, Regulation (EU) 2016/679 of 27 April 2016 (GDPR), and thereby the following processing information is provided:

Purpose of the processing: To provide professional services.

DRIVANIA promises and guarantees that personal data will be handled in accordance with the applicable legislation in force at any time, as well as with the utmost confidentiality of the personal data that is provided, on behalf of DRIVANIA and its employees who have or may have access to the aforementioned personal data. DRIVANIA also guarantees that the company complies with generally accepted security regulations for protecting the information provided by Users, and this applies to the transmission, receipt and storage of the information in question. The User confirms that all the data provided is accurate and correct, and agrees to notify DRIVANIA of any applicable changes.

Data retention criteria: The data will be kept as long as there is a mutual interest for processing. When the data is no longer necessary for this purpose, it will be suppressed according to the appropriate security measures so as to guarantee the pseudonymisation and complete destruction of the data.

Disclosure of personal data: The data will not be disclosed to third parties unless legally required. Rights of the Interested Party: - The right to withdraw consent at any time. - The right of access, rectification, portability and erasure of their data and of restriction of processing. - The right to submit a claim before the corresponding authority (agpd.es) if they deem the processing does not comply with the applicable legislation.

Contact information to exercise your rights: DRIVANIA EUROPE, SLU. Calle Jesús Serra Santamans 2 - PL 0 08174 SANT CUGAT DEL VALLÉS (BARCELONA, SPAIN).

4.1. Sending offers and/or messages

In compliance with Law 34/2002 on Information Society and Electronic Commerce Services, DRIVANIA will only send special deals, advertising content and promotions to the e-mail address (or via a similar digital medium) of the Users who have expressly granted their consent to receiving these types of messages. The foregoing notwithstanding, by DRIVANIA EUROPE, SLU DRIVANIA EUROPE, SLU C/ Jesús Serra Santamans, 2 - PL 0 SANT CUGAT DEL VALLÉS 08174 (BARCELONA) accepting the Terms and Conditions, Users expressly agree and authorise DRIVANIA to send special deals and advertising content related to the services provided by DRIVANIA. The User may state their desire to no longer receive these types of messages at any time by notifying DRIVANIA in the manner described earlier.

5. Data collection

Drivania notifies the user that we may gather personally identifiable information about the User, such as their name, surnames and email address.

Drivania also collects technical information about the device (e.g., the device name and model, the name and version of the operating system, information about the CPU, storage capacity, screen size, firmware, software, mobile carrier and Internet service provider) with the aim of resolving technical incidents.

6. System requirements and availability

In order to use the application, the user must have a compatible computer, smartphone or mobile device with an Internet connection and that meets the minimum specifications (software requirements).

The software version of the application may be updated periodically to add compatibility with new features and services.

The software requirements are as follows: Android devices with Android OS 4.1 or newer; Apple devices with iOS 8.0 or newer.

Drivania will make every reasonable effort to ensure that the application is always available. However, the User agrees that the application is delivered via the Internet or mobile networks and that, as a result, the quality and availability of the application may be affected by factors beyond Drivania's control.

Drivania is not liable in the event that the application is unavailable, if it is difficult or impossible to download or access its content, or if any other errors in the communication system result in the application's unavailability.

7. Price and payment method

7.1 Price

The applicable service prices will be listed in our website and the app at the time of booking; they will be specified in euros and include any discounts as well as the applicable VAT on the booking date.

7.2 Payment

The payment method is negotiable, depending on the client and the booking volume. Options include VISA bank card, Visa Electron, Maestro, MasterCard and 4B, bank transfer, and voucher in the case of travel agencies.

By clicking on "Authorise Payment", you are confirming that the bank card is yours. Bank cards are subject to verification and authorisation by the issuing entity, and if this entity does not authorise payment, we will not be liable for any delays or services not rendered, and we will be unable to formalise a contract with you.

8. Changes and/or cancellations

8.1. Any changes and/or cancellations must be made directly through the Drivania.com account or via e-mail or phone.

8.2. Changes and/or cancellations will always appear in your online Drivania account and also be confirmed via e-mail.

8.3. The cancellation policies will depend on the type of service, the pick-up time and the vehicle category:

8.3.1 In the case of SEDAN, SUV and MINIVANvehicle categories:

For transfer bookings:

- Free cancellation when notified at least 2 hours before the pick-up time.

- 100% charge will be applied if the cancellation is made less than 2 hours in advance.

For hourly bookings:

- Free cancellation when notified at least 8 hours before the pick-up time.

- 50% of the amount will be charged if the cancellation is made 4-8 hours in advance.

- 100% charge will be applied if the cancellation is made less than 4 hours in advance.

8.3.2 All other vehicles, for transfers as well as hourly bookings:

- Free cancellation when notified at least 24 hours before the pick-up time.

- 100% charge will be applied if the cancellation is made less than 24 hours in advance.

8.4. This cancellation policy may vary in the following instances:

A. During special events in the city that could affect overall demand.

B. For our Meetings & Events services that involve a large number of passengers.

In these instances, the client will be informed of the applicable cancellation policy.

The services in which the reservation includes more than 3 vehicles may entail special contract conditions that may affect some or all steps in the hiring process.

9. About the chauffeurs

9.1. Services will be conducted by executive chauffeurs.

9.2. English-speaking drivers are available in most destinations.

9.3. Drivers who speak Spanish or other languages are available in various locations.

9.4 The chauffeur carries a mobile phone available from 1 hour before the service begins so that you can contact him with your travel details.

9.5 The drivers meet the dress code and the executive image.

9.6 Gratuity is included in the price.

10. Important to consider

10.1. The passenger should know the pick-up time and pick up procedure and whether it is at an airport or a specific address (street, floor, and door).

10.2. 45 minutes before the service begins Drivania can send an SMS with all the service details confirming the details of the chauffeur, name and mobile phone number.

10.3. 24h Customer Service: If the passenger does not locate the driver, he/she must contact Drivania before deciding to leave.

Phone 24/7 hours: EUR +34 91 176 02 15 | US +1 415 376 4112 | UK +44 203 769 1926

10.4. The request for Drivania´s services through any channel means that you accept these terms of engagement and the responsibilities arising from there on.

10.5. Quotes are in EURO, US dollar or GBT depending on the client's country.

11. Licence, transfers and intellectual property rights

All the brands, copyrights, databases and other intellectual property rights of the Drivania application, regardless of their nature, in addition to the source code, are the exclusive property of Drivania, or, in this case, of the owners from which Drivania has legally obtained their licence or transfer for use in the application.

The application and the content provided through it are owned by Drivania and we only grant you a limited, free, non-exclusive and revocable license for personal and non-commercial use and for receiving the multimedia content made available through the application. This licence will remain in force unless you cease using the application or are removed at Drivania's request.

The application is licenced but not sold to you, and Drivania retains ownership of all the copies of the application, even after it is installed on your device.

Drivania, S.L.U. may transfer these or any part of them without restrictions, but the User may not transfer these or any part of them, or transmit or sub-licence their rights to this license to a third party.

All the commercial brands, service brands, commercial names, logos, designs and domain names included in the application, along with any other functions of the application, are the exclusive property of Drivania. This license does not grant the User any rights to use the commercial brands, service brands, commercial names, designs, logos or domain names of Drivania, regardless of whether it is for commercial or non-commercial use.

12. Limited liability

In accordance with the maximum permitted by law, Drivania, its senior management, shareholders, employees, agents, board members, subsidiaries, affiliates, successors, assignees, suppliers/vendors or licensors will not be held liable for any type of loss or damage (direct, indirect, special or punitive) derived from using or accessing the application.

The User also agrees that, to the degree permitted by applicable legislation, their single and exclusive right in light of any issue or dissatisfaction with the application or its content is to uninstall the application and cease using it.

Drivania will not be liable for any damages or alterations to the User’s devices as a result of installing or using the application, including but not limited to, computer equipment, portable devices and mobile phones.

Drivania will keep the application operational. However, certain technical difficulties may arise or it may be necessary to perform maintenance tasks that could cause temporary service interruptions. For this reason, Drivania cannot guarantee the application's continuous availability or operation; the absence of viruses or other elements that could make changes to device systems; or the reliability, usability, accuracy, precision, integrity and up-to-date nature of the information contained in the application. In any case, Drivania has made all the necessary technical adjustments required by Spanish legislation.

13. User liability

The User acknowledges and accepts that their use of the content and/or services made available through Drivania applications is under their own risk and/or liability. The User agrees to use the applications and all their content and services in accordance with the applicable laws, morals, public order and these Terms of Use and the corresponding Specific Terms & Conditions. Moreover, the User agrees to use the services and/or content of the application accordingly and not use them to carry out unlawful or criminal activities that violate the rights of third parties and/or that infringe on intellectual and industrial property regulations or any other applicable legislation. Specifically, the User agrees to not transmit, insert, distribute or make available to third parties any type of material or information (data, messages, drawings, audio/image files, photos, software, etc.) that go against the law, morality, public order, and these Terms of Use and the corresponding Specific Terms & Conditions. The User agrees to, including but not limited to, carry out the following:

- Not introduce or distribute content or propaganda that is racist, xenophobic, pornographic, in favour of terrorism, or against human rights.

- Not introduce or distribute data programs (viruses and malicious software) to the network that may damage the computer systems of the access provider, its suppliers/vendors or third party Users on the Internet.

- Not distribute, transmit, or make available to third parties any information, elements, or content that violates the fundamental rights and public freedoms recognized in the constitution and in international treaties.

- Not distribute, transmit, or make available to third parties any information, elements, or content that entails unlawful or unfair advertising.

- Not transmit unrequested or unauthorized publicity, advertising materials, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except for those areas (such as commercial spaces) that have been exclusively created for this activity.

- Not introduce or distribute any false, ambiguous, or inaccurate information or content that leads to errors on behalf of the recipients of said information.

- Not impersonate other Users by using their credentials for the various services and/or content of the portals.

- Not distribute, transmit, or make available to third parties any kind of information, element, or content entailing a violation of intellectual and industrial property, patent, trademark, or copyrights corresponding to the owners of the portals or to third parties.

- Not distribute, transmit, or make available to third parties any information, elements, or content that violates the privacy of communications and legislation on personal data.

14. Ending the application's use

Drivania may end the application’s use by the User at any time with prior notification. Ending the application’s use also ends all the rights and licences granted to the User, who must in turn stop using the application.

15. Duration and termination

The rendering of services and/or content by the DRIVANIA application has an indefinite duration. However, DRIVANIA is authorised to terminate, cancel or unilaterally interrupt, at any time and without prior notice, the service provided by the application and/or any of the services, regardless of what is specified in the corresponding Specific Terms & Conditions.

16. Law and jurisdiction

Any disputes or conflicts in the interpretation of the terms that comprise these Terms of Use and Privacy Policy, as well as any matters related to the services of this portal, will be subject to Spanish legislation.