These terms and conditions (hereinafter collectively referred to as the "Terms") govern your (hereinafter referred to as the "User") access and use of the www.rapybus.com website and our mobile applications (hereinafter referred to as the "Platform/Platforms"). The Platforms are owned, managed and operated by RAPYBUS SAC (hereinafter referred to as "Rapybus").
Please read these Terms carefully before using the Platforms which functions as an online marketplace. Rapybus through the platforms does not provide any transportation service itself, but is a platform that connects bus operators with passengers, acting as an intermediary.
Rapybus makes available to Users of the Platforms which displays a large number of Transportation Service Providers (hereinafter "the Providers" or "the transportation companies"), which offer and market their transportation services to Users through the Platforms.
In this sense, Rapybus is an intermediary between the User/Buyer and the Providers of the Transportation Services, and provides its platforms for them to carry out the transactions. Rapybus and the Providers are independent companies and therefore are not affiliated companies, and the use of the platform by the Providers does not imply any joint venture or association between them.
It is noted that Rapybus is not the provider of the Transportation Services (hereinafter the Services), therefore it is clarified that Rapybus is not acting on behalf of or for the account of the Providers, and therefore Rapybus is not directly or indirectly obligated to perform the Services.
The User, when contracting the Services through the Platforms, is entering into a contract of Services directly with the Provider that offers the Services through the Platforms. Rapybus is an intermediary and its intervention is limited to the sale of the ticket through the Platforms.
By contracting the Services of the Providers through the Platforms, the User accepts these Terms, which constitute an electronic record in accordance with the applicable legislation. Such electronic record is generated by a computer system and does not require any physical or digital signature. By using the Platforms, you signify your agreement to be bound by these Terms.
Rapybus allows you to browse the Platforms and purchase bus tickets for you, your family and/or third parties without registering on the Platforms. You shall be deemed to have read, understood and expressly agreed to these Terms, which shall govern each desired transaction of booking and purchasing bus tickets through the Platforms for all purposes, and shall be binding on You. All of Your rights and obligations with respect to Your use of the Platforms and to avail of the bus ticket booking and purchase facility ("Facility") provided by the Platform shall be governed by these Terms.
These Terms are of a general nature, and apply to the intermediation services provided by Rapybus and to the use of the Platforms, meaning that under no aspect and under no circumstances are they applicable, nor do they replace or modify the Transportation Service provided by the Providers, nor do they modify the obligations or limitations of liability legally established, nor the special or specific conditions that each Provider has defined for the Transportation Services. Before contracting with any Supplier for the provision of the Transportation Service, You (the User) are obliged to review the particular conditions of each Service that have been established by each Supplier and that are detailed on the web page of each Supplier. Rapybus is not responsible for and does not interfere in the particular conditions established by each Provider for the provision of the Transportation Services. In that sense, when contracting the Service, You (the User) declare that You (the User) have full knowledge of the conditions and terms of the Transportation Service offered by the Provider of your choice.
Rapybus does not interfere in the collection of penalties, administrative charges of ticket endorsement, by the Suppliers or differences in fares if applicable, according to the conditions and terms of Service of each Supplier.
In addition, by agreeing to these Terms, You further agree to the other policies of Rapybus relating to the Platforms, including but not limited to the (i) Privacy Policy; and (ii) Cookie Policy, in effect at the time of the transaction.
Users must expressly accept the Terms and Conditions by confirming in a check box before each transaction made through the platforms.
In these Terms, both You and Rapybus are referred to individually as a 'Party' and collectively as the 'Parties'.
Rapybus acts as an intermediary, connecting bus operators (carriers or providers) with users. By virtue of the above, Rapybus wishes to indicate the following:
The Platforms are an online marketplace that details the inventory (itinerary) of the bus operators (Suppliers) that have registered with the Platforms, but does not itself own or provide the Transportation Services. Therefore, the limited role of the Platforms is to connect You with the bus operator (Provider) and vice versa.
You understand and agree that the bus tickets listed and/or offered for sale by the bus operator (Supplier) on the Platform has been determined solely by the respective bus operator (Supplier), and Rapybus, in its capacity as aggregator/facilitator/intermediary, has no control over the tickets listed on the Website, nor the Service to be provided by the Supplier. In the event that the tickets or their characteristics contravene any regulation and/or any mandate or judgment of any regulatory authority, Court or Tribunal, it shall be the sole responsibility of each bus operator (Supplier) to ensure that its tickets comply with the applicable regulations, mandates or judgments; being that Rapybus shall not be in any way responsible for such contravention.
In view of the foregoing, You agree that any liability in connection with any transportation Service being offered on the Platform in accordance with applicable laws shall be that of the bus operator (Provider) and not Rapybus. In the event of any deficiency of the Service, You shall direct any action arising out of such deficiency of the Service against the bus operator (who is the actual Provider of the Service) and not Rapybus.
You further represent and acknowledge that Rapybus is only a facilitator or intermediary and is not and cannot be a Party to, or control in any way, the Services that You purchase through the Platform. Consequently, the contract for Transportation Services that You purchase through the Platform will be a strictly bilateral contract between You and the bus operators (Providers) listed and offering their Services on the Platform.
Users of the Platforms are natural or legal persons who may enter into legally binding contracts in accordance with Peruvian law. Those who are "barred from contracting" as provided in the Civil Code and other applicable rules in Peru are not eligible to use the Platforms. If you are a minor, you will not register as a User of the Platforms and will not carry out transactions on the Platforms.
As a minor, if You wish to use or transact on the Platforms, such use or transaction may be made by Your legal guardian or parent. We reserve the right to suspend Your membership and/or refuse to provide You with access to the Platforms if it is discovered that You are a minor or are impaired or lack the capacity to contract under applicable Peruvian law.
The data provided when registering or making a purchase through the Platforms must be truthful, complete and up to date.
You will use the Platforms and any bus tickets purchased through it for personal, non-commercial use only and will not resell the tickets to any other person.
The Platforms shall be used only for reasonable and lawful purposes in line with Peruvian law and shall not be used for any activity that violates these terms.
The platforms offer you the possibility to purchase bus tickets offered on the platforms in two ways: user account and guest checkout.
Through the user account Rapybus offers you the facility to open an account on the platforms, this will be linked to your email ID, phone number or both.
When making purchases through the user account on the platforms, you will have access to view all previous purchases as well as the support chat.
You agree to the following conditions whether you make the purchase as a user account or as a guest checkout :
Rapybus shall not be responsible or liable for any loss or damage arising directly or indirectly to you from the use of any of the payment methods available on the platforms.
Rapybus provides You the following payment methods: paypal, yape, credit card, debit card or rapycredits
The transactions, price and contractual terms governing the provision of transportation services are bilateral contractual obligations between you and the chosen bus operator (provider).
The payment facilities are the tools used by You and the bus operator to facilitate the closing of the transaction. The use of the payment facilities will not make Rapybus responsible or liable for non-delivery, non-receipt, non-payment, damage or injury, breach of representations and warranties, or fraud with respect to the transportation services offered by the bus operators (Providers) on the Web Site.
You authorize the platforms to collect, process, facilitate and remit payments and/or the transaction price electronically. Your relationship with the Website is on a principal to principal basis and, by accepting these Terms, You agree that the Website is an independent contractor for all purposes and has no control of or responsibility for the Transportation services offered by the bus operators (Providers) through the Website, which are paid for through the use of the payment facility.
By using the payment methods of the platforms you understand and agree to the following:
The user is solely and completely responsible for:
Suppliers reserve the right to refuse to transport you or your baggage for any reasonable reason, which may include, but is not limited to :
The user declares that he/she is aware of the supplier's specific terms and conditions and undertakes to review them prior to the provision of the service.
In the event the supplier has refused to carry you for any of the reasons stated above and/or in the terms and conditions of the supplier, Rapybus reserves the right to cancel the unused ticket and you will not be entitled to further transportation or refund of the fare. Rapybus shall not be liable for any losses, damages, costs or indirect fees that the user may incur due to refusal of transportation by the bus operator.
Minors are not allowed to travel alone, they must be accompanied by an adult who has the corresponding notarial or judicial authorization for travel of minors.
The user is solely responsible for carrying the necessary identification documents for the trip, whether it is his/her National Identity Card (DNI), Foreigners Card (CE) or passport in the case of a foreign tourist.
In accordance with the regulations of the Ministry of Transportation and Communications, people under 15 years of age, pregnant women and babies in their arms are not allowed to occupy seats in Panorámico.
All users who make purchases through the platforms have access to the customer service channels, which are: support chat and e-mail.
For customer authentication reasons, the support chat is only available to users who make their purchases through their user account.
The support chat is a digital tool that provides direct assistance through text messages in real time. The purpose of this support chat is to solve doubts, problems or queries related to the purchased service.
The support chat will allow the user to resolve doubts, queries or problems related to the service purchased, as well as to determine the validity of returns or refunds if applicable.
Users who make their purchases through guest checkout have access to the customer service e-mail address to answer any doubts, queries or problems related to the service purchased.
The customer service email address is xxxxxx,
Once the e-mail is sent with the user's authentication as well as your inquiry, Rapybus will have a maximum of 4 business days to resolve your inquiry and/or request more information.
Each response to the user's e-mail will have a maximum of 4 business days to be answered to the user.
As an intermediary platform between the end user and the transportation companies, refunds, cancellations or changes to the bus ticket purchased by the user are subject to the terms and conditions of the bus company issuing the ticket.
The provider's cancellation, exchange and/or refund fee, as well as the period taken to process the amount refund will differ according to each carrier.
The customer will be refunded automatically and can ask the status of the request directly to Rapybus’s customer email.
In case of cancellation of the service by the transportation company , users who have purchased this service will be entitled to a rescheduling of their ticket or a full refund of the amount paid for it, whichever the user decides.
Any refund amount will not consider the amount of Rapybus commission or its following VAT.
The customer will not be entitled to reimbursement for cancellation of tickets if requested outside the established time , the service charge is non-refundable.
In case it is pertinent to make the full or partial refund of the amount of the ticket to the end user, this can be delivered to the user in the form of Rapycredits or direct deposit to the user's specific bank account.
Consider that the latter may have commissions from the issuing and/or receiving bank which will be debited from the amount to be refunded.
Rapybus is responsible for guaranteeing the correct operation of the platform, except for interruptions due to maintenance, technical failures or other force majeure causes.
Rapybus is responsible for providing a secure environment for transactions and means of payment within the available technological standards.
To book bus tickets through the Rapybus platform guarantees the end user:
The platform does not guarantee that the information provided by transport service providers is complete, truthful, accurate or does not lead to confusion, as the transport service information is the sole responsibility of the transport companies.
Rapybus shall only be liable to the User for the content, use and operation of, or in connection with, the Platform.
Thus Rapybus warrants that the platform, information and product content (the software) facility, Rapybus servers and electronic communication sent by us are secure communications and sites for the User in accordance with industry standards.
Notwithstanding the foregoing, Rapybus states that despite all efforts and high security standards, the Website may be exposed to cyber attacks that may affect its operation and / or security, which would be brought to the attention of Users immediately.
As an intermediary between suppliers and users Rapybus is not responsible for the following
Rapybus shall not be liable for damages of any kind to the user arising from improper or fraudulent use of the platform, facilities, payment gateway or inability to hire the user.
The user accepts and acknowledges that in case of loss or damage caused by the transport company the only responsible for compensating them is the latter and not Rapybus.
All rights on the platform, including but not limited to: texts, designs, logos, graphics, software, belong solely to Rapybus or its licensors and are protected by Peruvian laws and by the applicable international regulations on intellectual property rights and personal data protection.
It is forbidden to copy, modify, distribute or reproduce any content of the platform without prior written authorization from Rapybus.
Rapybus reserves the right to initiate legal action if any infringement of intellectual property rights is discovered.
Rapybus collects, stores and uses users' personal data in accordance with its Privacy Policy and Cookie Policy.
By using the platform, the user agrees to the processing of his/her personal data in accordance with the purposes and terms described in the privacy policy and cookies policy.
When the user uses the platforms and enters his/her e-mail address or telephone number on the platforms, the user authorizes to receive communications from Rapybus through electronic means.
At any time the user may grant, withdraw or grant again the consent.
Rapybus operates within the law of protection of personal data, anti-spam and other applicable provisions according to the legal system of Peru.
Rapybus reserves the right to modify these terms and conditions at any time.
Modifications will be notified to users through the platform or by email and will be effective upon publication.
The Terms and Conditions shall be governed by and construed in accordance with the laws of Peru.
The courts located in Lima San Isidro shall have exclusive jurisdiction with respect to any dispute that may arise with respect to the Terms.