Terms and Conditions

Scope

These General Terms and Conditions of Use are intended to regulate all use of the Bestfirst unipessoal Lda (MUBBus) website and its passenger transport service.
By accessing, browsing and using this website, the web user recognises and consents that they have read, understood and agreed to the terms and conditions set out below.

Definitions and General Considerations

For the purposes of these General Terms and Conditions of Use, MUBBus consists of an online platform, which aims to facilitate the process of contracting a passenger transport service, in which the contract is established between a Customer and a Partner.

A Client is understood to be anyone who wishes to contract a collective passenger transport service in order to organise and/or carry out a journey, while a Partner is the transport entity that provides the aforementioned service once the contract has been established.

As such, MUBBus mediates requests for quotes from Clients and bids for services made by Partners, in order to conclude collective passenger transport contracts between them.

This online platform is not in the business of transporting people or any similar activity, nor does it offer any transport service, limiting its intervention to the aforementioned mediation between Clients and Partners.
MubBus offers a Customer/Partner support service in order to provide the most varied clarifications regarding the content of this site.

Changes to the General Terms and Conditions of Use and Rules of Conduct

MubBus reserves the right to amend the General Terms and Conditions of Use at any time, without prior notice, and shall not be liable to its members / registered users of the site. Users of this platform should therefore regularly consult the General Terms and Conditions of Use of this site so that they are aware of these changes when entering into new contracts.

It is considered that:

• Members are aware of and accept the changes made from the moment they use the website;
• The user expressly accepts that they will not attempt to access the service provided by the MUBBus online platform in any way other than through the means formally made available by the website for this purpose;
• The user of this website undertakes to act in accordance with the general rules of good behaviour, the dictates of good faith and good customs, under the terms of the Civil Law in force at the time;
• MUBBus reserves the right to prohibit, without prior notice, access to any member (Partner or Customer) who does not comply with these General Terms and Conditions of Use, as well as any member who makes false statements or misuses the service.

Registration and Use of the Site

These Terms and Conditions apply to any use of this site, and it is certain that access to it always presupposes acceptance of these General Terms and Conditions of Use, which will be accepted by users in full and never in part.

In order for Internet users to be able to take advantage of the services provided by the MUBBus website, they must first register on the platform – as a Customer – by filling in the fields of an online form with the respective personal data requested. This registration is entirely free of charge.

After agreeing to the General Terms and Conditions of Use, the user’s account will be automatically created.

Proposal and Acceptance

Users registered on the MUBBUS website who wish to hire a passenger and/or goods transport service must click on ‘Request a quote’ and then fill in the fields provided on the online platform with information about the journey they wish to organise, namely the origin and destination, the day and time of the start and end of the transport service, the number of people to be transported – specifying whether it is collective transport of children – as well as whether they want a single or double-decker vehicle or whether they don’t care.

Any additional information that the user feels should be mentioned or brought to the attention of the other party should be placed in the space provided for comments, and any additional information that is not included on this platform will not be considered.

Once all the mandatory fields have been filled in:

• The Customer can request a quote tailored to their requirements by clicking on ‘Request a Quote’ and, after checking the summary of their request, on ‘Confirm Quote Request’;
• The requested quote is registered on the MUBBus platform and can be viewed by all Partners also registered on the site;
• Partners interested in providing the requested service send their proposals to the respective Customer in the form of a bid, stipulating the validity period of the proposal and the deadline for payment;
• The proposal made by the Partner may contain changes to what was initially requested, and it is up to the Customer to accept this proposal in full within the stipulated period or not to accept it. If the Client does not respond by the end of the period set by the Partner, it is understood that the Client has lost interest in the business and is no longer bound by the proposal;

Acceptance of the Bid and Payment

From among the various bids made by the Partners in response to the Customer’s proposal, the Customer may choose the one that best meets his needs, regardless of the order in which the Partners respond. As soon as the Customer accepts the bid that best suits him, he fully agrees to the conditions defined by the Partner.

After accepting the offer:

• The Customer may only withdraw from the proposal for reasons of force majeure or if the impossibility of its fulfilment results from a cause for which the Customer is not responsible. In this case, the Customer must inform the Partner as soon as possible by sending an e-mail,
• The Partner may revoke its bid prior to the Customer’s acceptance. On the contrary, upon acceptance, the contract for the provision of the passenger and/or goods transport service is established and awaits fulfilment;
• As soon as the Customer accepts the Partner’s offer, he/she has access to the details – NIB/IBAN – to pay for the service requested;
• The Customer will pay for the service provided by the Partner by bank transfer to the NIB/IBAN provided by the latter, or by any other means that both parties deem most convenient, and which will be agreed in advance by both parties;
• Whenever a customer makes a payment, they must send MUBBus proof of payment by email, mentioning the reference of the service they are paying for;
• The Partner undertakes to take all necessary steps to fulfil its contractual obligation to the Customer with care and in a timely manner. The day before the service is to take place, the Partner is obliged to send the Customer, by e-mail, with the knowledge of MUBBus (geral@mub.pt), the name, contact details of the driver and the licence plate number of the vehicle scheduled to carry out the transport service.
  
  

Costs of Use

Customers and Partners do not incur any costs for using this platform.

Partner Evaluation

MUBBus guarantees strict quality control when admitting a Partner to the platform.

Responsibility

By accepting these General Terms and Conditions, users of the site undertake:

• Not to use the service with the intention of transmitting any information that is false, threatening, insulting, defamatory or violates the intellectual property rights of a third party; to obtain e-mail addresses with the intention of storing them or directing unsolicited messages to them; to transmit any information that is subject to secrecy or confidentiality or that is only of interest to third parties; to advertise people, goods or services;
• MUBBus is not responsible for the accuracy, quality, security, legality or lawfulness of the content inserted on this site by Customers or Partners, or for compliance with the rules on copyright and related rights;
• Members are solely responsible for the content they make available on the MUBBus online platform, and although they are not obliged to do so, MUBBus will delete any content that does not comply with the terms presented here as soon as it becomes aware of its existence;
• MUBBus is not a party to the transactions between the Client and the Partner, so any liability arising from the fulfilment of the contracts falls solely and only on the members involved in those transactions;
• MUBBus shall also not be held liable for the provision of false or incomplete data by any of the members registered on the website; cancellation of journeys, last minute changes, no-shows, or any issue related to payment of the service; bad or offensive behaviour or the commission of illegal acts during the provision of the transport service;
• The subcontracting of vehicles by Partners is their sole responsibility, and they are also liable to MUBBus,
• Any complaints about the service provided by the Partners should be addressed to them by email with the knowledge of the platform (geral@mub.pt). The Partners must reply to the customer within 48 hours by email with the knowledge of the platform (geral@mub.pt).

Collective transport for children

MUBBus offers a mediation service between Customer and Partner also with regard to the collective transport of children, in particular with regard to transport to places for sporting or cultural activities, outings, study trips and other organised leisure activities. Under the terms of Law 13/2006 of 17th April, as amended, collective transport for children refers to:

• Children and young people up to the age of 16;
• The Partner who bids for the collective transport of children assumes and declares, by accepting these terms, that they have all the mandatory legal requirements for carrying out this activity;
• The Partner who carries out the activity of collective transport of children as a principal undertakes to have the legally required licence, i.e. the necessary permit issued by the Institute of Mobility and Transport (IMT), valid for a period of five years, non-transferable and renewable for the same period, it being understood that the respective vehicle will bear a plate with the number of the said permit;
• The Partner will make sure that the driver of the respective vehicle has a driver’s certificate for collective transport of children issued by the IMT, valid for five years, as well as that the driver is fit to carry out the activity, under the terms of article 7 of Law 13/2006 of 17 April;
• The Partner, whether an individual entrepreneur or a legal person, through its managers or administrators, ensures that it fulfils the requirement of good repute, under the terms of article 4 of the aforementioned Law;
• The vehicles used to transport children will have the appropriate licence issued by the IMT, valid for a period of two years and renewable for the same period under the terms of the law, and it is certain that these vehicles will be duly identified with a badge, the model of which is fixed by the respective Ordinance;
• The Partner undertakes to ensure that, when transporting children, in addition to the driver, there is an adult companion called a security guard, whose job it is to ensure the safety of the children, provided that, if the vehicle carries more than 30 children or young people or the vehicle has two floors, at least two security guards are provided;
• The guard will be responsible for ensuring compliance with the legally required safety conditions during transport, as well as accompanying the children as they cross the road, wearing a properly approved retro-reflective waistcoat and signalling paddle;
• It will be the Partner’s responsibility to ensure the presence of the security guard and ensure that they are fit to carry out the activity, under the legal terms, by requesting that their criminal record be presented;
• The presence of a security guard will only be waived if the transport is carried out in a light passenger car;
• The Partner undertakes, when carrying out the activity of transporting children, to have compulsory civil liability insurance for the maximum amount legally permitted, which includes the passengers transported and their respective losses, in addition to the other insurances required by law;
• The Partner undertakes to ensure that the child transport service complies with all legally required safety requirements, namely that each child has a seat in the vehicle and that the capacity of the vehicle is not exceeded, and that all seats in vehicles used to transport children are equipped with duly approved safety belts, the use of which is compulsory under the terms of the specific legislation in force. The Partner will respect the obligation to use the child restraint system, duly approved, under the terms of the specific legislation in force;
• The doors of vehicles transporting children may only be opened from the outside or by a system controlled by the driver, out of the reach of children. All windows, with the exception of the one corresponding to the driver’s seat, must have irremovable glass or be locked at one third of their total opening;
• The Partner will provide for the equipment of the transport vehicles, which must have a duly approved tachograph, as well as a fire extinguisher and first aid kit, under the terms set out in an order issued by the Director General of Roads;
• The Partner declares to ensure that, when carrying out the child transport service, the vehicles circulate with the crossing lights on, as well as ensuring that the driver is duly instructed to make stops to pick up or drop off children in places that do not jeopardise their safety, and that when the vehicle is stationary, the hazard lights are switched on, all under the terms of the legislation in force regulating the collective transport of children;
• The Partner undertakes to provide Pangeia with all the documents proving the above, as soon as requested, particularly with regard to the suitability of all the entities mentioned, as well as the necessary licences and competences. These proofs must be sent to the Pangeia platform in order to control and supervise the quality and legality of the service provided by the Partners.
  
  

Collective transport in the European Union

These General Terms and Conditions of Use apply to journeys made outside Portuguese territory, within the European Union:

• The freedom to provide services is a fundamental principle of the European Union’s transport policy and requires that all carriers in the Member States be guaranteed access to international transport markets, without discrimination on grounds of nationality or place of establishment;
• The Partner wishing to operate the international public transport service must hold a Community licence issued by the IMT, and carriers must keep a certified copy of this Community licence on board their vehicles in order to facilitate effective checks by the police authorities. This Community licence is issued in the name of the haulier and is not transferable. It is issued for renewable periods which may not exceed 10 years;
• When the Partner submits an application for a Community licence or for its renewal, the authority responsible for issuing the licence will check that the carrier meets or continues to meet the requirements for carrying out the activity, as set out in Article 3(1) of Regulation 1073/2009 of 21 October;
• The number of certified copies corresponding to the number of vehicles used for the international carriage of passengers which the holder of the Community licence has, whether in full ownership or otherwise, in particular by virtue of a hire purchase, rental or leasing contract, shall be delivered to the Partner;
• The Community licence and certified true copies must bear the stamp of the issuing authority, a signature and a serial number. These serial numbers must be registered in the national electronic register of road transport undertakings.
  
  

Intellectual Property Rights

The bus.mubrent.com portal is the exclusive property of Bestfirst, unipessoal, Lda.

The Software necessary for the execution of the respective services, available or used by the site and the intellectual property rights (including copyright) of the content, information and material of the site are the property of MubBus.

No user has the right to reproduce, in whole or in part, alter, promote, publicise, commercialise or otherwise use the content of the website or its brand without the express permission of MUBBus (in writing).

Any abusive use of all or part of the website will constitute an unlawful act that will give rise to civil/criminal liability towards MUBBus.

Applicable Law

In the event of any dispute of any nature relating to the service set out herein, Portuguese law shall apply, and in the event of any dispute regarding the interpretation of these General Terms and Conditions of Use, the parties agree that the same shall be submitted to the exclusive jurisdiction of the District of Oporto, expressly waiving any other.