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Conditions of Use Golden Go

1. Definitions
1.1. Golden Wheels & Golden Events SL, a company dedicated to (i) the provision of private transport services with a vehicle and driver with their own means (with all the necessary VTC authorizations).
1.2. Services: Private transport services with vehicle and driver.
1.3. Application: Web application managed by Golden Wheels & Golden Events SL in the territorial area of the Autonomous Community of Catalonia that allows Users to request the Services in a manner.
1.4. User: Person in favor of whom the Services regulated in this contract will be provided and whose request will be channeled through the Application.

 

2. Purpose
The purpose of this contract is to provide the Services, which will be managed through the Application, within the territorial scope of the Autonomous Community of Catalonia.

 

3. General conditions of use
For the correct provision of the Service, its management through the Application will be essential in any case, whose use by the User will be subject to the full acceptance of the General Conditions of Use of the Application, which are attached as Annex I. By signing this contract, the User in turn fully accepts the General Conditions of Use of the Application.

 

4. Obligations of Golden Wheels & Golden Events SL

4.1. Manage and assign the Service requests received through the Application efficiently.
4.2. Provide the Service through its own means or, alternatively, acting as an intermediary in the contracting of the Service between the User and third party holders of VTC authorizations, when this is required by the conditions of provision of the Service.
4.3. Issue a simplified receipt or invoice to the User with the final price to be charged.
4.4. Provide the Service with the highest quality standards and guarantee them thru third-party carriers that are in charge of providing the Service to Users.

4.5. Make a complaint channel available to the User and promptly address those received in the terms required by Royal Legislative Decree 1/2007, of November 26, which approves the revised text of the General Law for the Defense of Consumers and Users, and by Law 22/2010, of July 20, of the Consumer Code of Catalonia.

4.6. Comply with the applicable land transport regulations and, in particular, with Law 16/1987, of July 3, on the Regulation of Land Transport and its implementing regulations, as well as the provisions of Decree-Law 4/2019 , of January 29, of urgent measures in the matter of passenger transport by means of the rental of vehicles with driver. Specifically, Golden Wheels & Golden Events SL undertakes to comply at all times with the conditions and requirements established by law for the exercise of the private transport activity of vehicles with driver.

 

5. Obligations of the User

5.1. Pay Golden Wheels & Golden Events SL the price for the Services, in the terms that, within the General Conditions of Use of the Application, are determined for each journey that is requested.
5.2. Respect the General Conditions of Use of the Application, which are attached as Annex I.

 

6. Provision of the Service

6.1 To request each route according to the Service previously contracted, the User will identify through the Application the collection point, the destination point and the category to be agreed as well as other special specifications that may be required.

6.2. Once the request for the route is received, the Application will identify the vehicle that can provide it more immediately, even providing a vehicle of a higher category if it is closer to the user for the same amount of the category previously selected by the User.

 

7. Termination

The contractual relationship between Golden Wheels & Golden Events SL and the User will end:
a) By withdrawal of the User, manifested through the Application at any time, except between the request for a Service based on this contract and its effective development.

b) Due to serious breach of the User & obligations, prior notice by Golden Wheels & Golden Events SL.
c) Due to extraordinary events that make it impossible to provide the Service under the conditions established in this contract.

 

8. Duration

This contract has a duration of one year, tacitly renewable for annual periods.

 

Annex I
General Conditions of Use of the Application

1. Object
These General Conditions of Use regulate the use of the Golden Go web application (the Application) and the www.goldengo.es website (the Website) for the requestof private transport services with vehicle and driver for urban passenger mobility within the Autonomous Community of Catalonia (the Services).

2. Content
Through the Application, Golden Wheels & Golden Events SL allows the User to request a private vehicle service with driver.

The Application provides the User with access to various content, information and data provided by Golden Wheels & Golden Events SL in relation to the Service (the Contents).
Golden Wheels & Golden Events SL reserves the right to modify at any time the presentation, configuration and location of the Application and / or the Website, as well as the corresponding conditions of access and use.
The Contents provided through the Application and / or Website may be subject to eventual updates not reflected at all times on the Application and / or Website. Golden Wheels & Golden Events SL has a Customer Service that has a protocol in case of traffic accidents or other serious incidents during the journey.
This protocol includes, depending on the severity of the incidence, measures such as:
– Telephone assistance to the passenger
– Provision of a vehicle with a driver that allows the passenger to reach their destination.
– Reimbursement to the passenger of the amount of the journey.
– Contact with health care services if necessary.

3. Access and use
Access to the Application and / or Website will be limited to persons over 18 years of age. The User will not be able to (I)  uthorize third parties to use their account, nor may they allow persons under 18 years of age to access the Application through their account; nor (ii) will allow persons under 18 years of age to receive private transportation services, unless the minors are accompanied by the User who owns the account. The User acknowledges and accepts that the access and use of the Application and / or Website takes place freely and consciously, under their sole responsibility. Golden Wheels & Golden Events SL will not be in any way responsible for (i) any use contrary to the Law, morals, good customs and public order that the User and / or third parties may make of the Application and / or Website , nor of (ii) the damages that could derive from it. Notwithstanding the foregoing, Golden Wheels & Golden Events SL will inform the authorities of any of the previous uses of its Application and / or Website as soon as it becomes aware of them. The User agrees to make appropriate and lawful use of the Application and / or Website in accordance with the applicable legislation and these General Conditions of Use. In particular, the User must refrain from (i) making unauthorized or fraudulent use of the application and / or Website; (ii) access or attempt to access restricted resources of the Application and / or Website; (iii) use the Application and / or Website for illicit, illegal purposes or effects, contrary to the provisions of these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload or prevent the normal use or enjoyment of the Application and / or Website; (iv) cause damage to the Application and / or Website or to the systems of its suppliers or third parties; (v) introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the systems of Golden Wheels & Golden Events SL, its suppliers or third parties, (vi) try to access, use and / or manipulate the data of Golden Wheels & Golden Events SL, third-party providers and other users; (vii) reproduce, copy, distribute, transform or modify the Contents, allow access to third parties through any form of public communication, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; (viii) obtain or attempt to obtain the content using means or procedures other than those that, depending on the case, have been made available for this purpose. The User may only access the Application and / or Website through authorized means. Golden Wheels & Golden Events SL will not be responsible in the event that the User does not have a compatible device or has downloaded a version of the Application incompatible with their device.

4. Additional conditions
Access to the Application and / or Website will be subject in any case to the User  prior registration by filling in the corresponding form (Registration Form), which will be previously provided to the User. The data entered by the User in the Registration Form must be exact, current and truthful at all times, and may include the User National Identity Document. The User will be responsible at all times for the custody of their password, assuming, consequently, any damages that may arise from its improper use, as well as the transfer, disclosure or loss of it. In case of forgetting the password or any other circumstance that poses a risk of access and / or use by unauthorized third parties, the User will immediately notify Golden Wheels Golden Events SL so that it can proceed immediately to block and replacement of it. In any case, any operations carried out before any communication will be deemed to have been carried out by the User, who will be responsible and pay the expenses and / or damages arising from any unauthorized access and / or use that is carried out prior to the communication. The User is aware at all times of the journeys made and charged by Golden Wheels &  Golden Events SL, since he/she receives, in the email indicated by him/her, a summary with the data of the journey made upon completion. Notwithstanding the foregoing, Golden Wheels & Golden Events SL will make its best efforts to inform the User of any journey that shows signs of fraud so that they can verify as soon as possible the existence of any appropriation or improper use of their account and can If necessary, notify Golden Wheels & Golden Events SL of any fraud as soon as possible. Additionally, for registration in the Application and / or Website, the User must have simultaneously subscribe the Contract of transport services by leasing vehicles with a driver (the Contract of Transport), to which these General Conditions are attached.

5. Payment and billing conditions
The fees charged will not be refundable. However, the refund of the amounts paid by the Users will proceed when the cases provided for in article 21 of Royal Legislative Decree 1/2007, of November 16, which approve the revised text of the General Law for the Defense of Consumers and Users (“LGDCU”). Rates, updates, and conditions of use will be available at all times on the Website and are subject to possible modifications. The User accepts that a variable additional cost will be charged in the periods of greatest demand. This additional cost is included in the final price. Other costs such as waiting times, detours and / or pauses during the service, will not appear in the estimate of the amount of the service. At the time that the User requests the service through the Application, he or she will be able to consult this estimate of the price of the journey (which will include applicable taxes and fees). The User modification of the route (and stops) of the requested route, as well as the time that the User makes the driver wait once he or she reaches the indicated collection point. Golden Wheels & Golden Events SL reserves the right to modify, expand, reduce, establish and / or eliminate any payment method at any time as it deems appropriate for the proper functioning of the Service, in which case the User will be notified of such circumstances. The fees applicable to the Service will be charged to the User at the end of the trip, such fees will be charged (i) by Golden Wheels & Golden Events SL automatically through the credit card details provided by the User in the Registration Form at the end of the journey. In those cases in which Golden Wheels & Golden Events SL collects directly from the passenger through the credit card provided by the User, Golden Wheels & Golden Events SL reserves the right to validate the payment method. Likewise, each time the User requests a vehicle rental service with a driver, Golden Wheels & Golden Events SL reserves the right to request pre-authorization for the payment of the journey from the credit institution linked to the credit card provided by the User. In no case will the pre-authorization entail the effective collection of the journey to be made, since the collection will only be made once it has been completed. Golden Wheels & Golden Events SL reserves the right to restrict the use and to recover the amount of the promotions, invitations and discounts to those Users who make an inappropriate, illicit or abusive use of them, who may be informed of such circumstance. Inappropriate use shall be understood to be any use of the Application and / or Website by the User contrary to the Law and these General Conditions of Use. It is strictly prohibited for a User to create different Golden Go accounts or share an electronic payment method with others users in order to unduly benefit from discounts and invitations, which is considered an abusive use of them. The invitations and discounts will lose their value once said promotion ends. Furthermore, Golden Wheels & Golden Events SL reserves the right to cancel or reduce the value of discounts, invitations and promotions at any time. Finally, the value of the invitations or discounts may be limited to certain categories of vehicles. In particular, invitations and discounts will not be valid for the Special Cars categories. In the cases in which Users pay for their journeys with a credit card, and in accordance with the provisions of the Privacy Policy, the credit card information provided in the Registration Form will be sent to the payment provider company and in charge of storing said User data. The User must access or may be redirected to the website of the payment provider through the link provided for this purpose in the Registration Form. In any case, the User is recommended to consult the terms and conditions of use and the privacy policies of the third-party websites that they access through links included in the Application and / or Website. Golden Wheels & Golden Events SL, for security reasons, will have the power to block, cancel or cancel any payment method when there are reasonable suspicions about its improper use.

6. Intellectual and industrial property rights
Any user and / or visitor to the Application and / or Website acknowledges and accepts that all intellectual and industrial property rights over the contents and / or any other elements inserted in the Application and / or Website (including, without limitation, brands, logos, names, commercial promotions, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio and video), belong to Golden Wheels & Golden Events SL, which authorizes the User to use, view, print, download and store the contents and / or elements inserted in the Application and /or Website exclusively for your personal, private and non-profit use, refraining from carrying out any act of decompilation, reverse engineering on them, modification, disclosure or supply. Any other use or exploitation of any content and / or other elements inserted in the Application and / or Website other than those expressly provided herein will be subject to the prior authorization of Golden Wheels & Golden Events SL.

7. Data protection
The personal data (here in after, the Data ) that the User provides through the Registration Form will be integrated into a personal data file that is the responsibility of Golden Wheels & Golden Events SL. For more information consult the Privacy Policy.

 

 

8. Guarantees and liability
Golden Wheels & Golden Events SL will ensure the highest possible availability and continuity in the operation of the Application and / or Website. However, this does not imply that the User has a right to the permanent and uninterrupted availability of the Application and / or Website. Golden Wheels & Golden Events adopts various protection measures to safeguard the Application and / or Website and the Contents from third-party computer attacks. Golden Wheels & Golden Events SL will only respond to Users in cases where damage occurs due to an incorrect, incomplete or late transmission of data or due to the lack of availability of the Application and / or Website due to only attributable failures and directly to Golden Wheels & Golden Events SL. Likewise, if (i) the use of the Application and / or Website or (ii) the transmission of data through them results in damage to the User hardware or software, Golden Wheels & Golden Events SL will respond of the same as long as it is proven that said damages have been directly and solely caused by the Application and / or Website. Users must remove all their personal effects from the vehicle once the journey is over. Golden Wheels & Golden Events SL will not be responsible for the loss or misplacement of personal objects in the vehicles, although it will provide them with any help or information that could speed up their recovery. In order to speed up said recovery, Golden Wheels & Golden Events SL makes the Help Center available to the User, in which the User may notify them of the loss of any object during a journey.
With the subscription of these General Conditions of Use, the User declares that will not hold Golden Wheels & Golden Events accountable of any claim, its parent company, directors, partners, employees, lawyers and agents derived from (i) Non-compliance by the User of any provision contained in these General Conditions of Use or of any law or regulation applicable to them, (ii) of non-compliance or violation of the rights of third parties including, but not limited to, drivers and pedestrians, (iii) of any damage or harm caused by the User and / or his companions in the use of the Service to a third party and (iv) of the breach of the permitted use of the Application and / or Website. Likewise, the User is obliged by subscribing to these General Conditions of Use to behave during the duration of the journey in accordance with morals, good customs and public order. Therefore, the User accepts that during the provision of the transport service it is expressly prohibited to consume alcohol or drugs in the vehicle, as well as to have sexual relations in it. In the event of such circumstances, the User accepts that the driver may immediately choose to end the requested journey. On the other hand, Golden Wheels & Golden Events SL reserves the right to charge penalties to Users who, during the journey, act against morals, good customs and public order, as well as those Users who cause any type of damage to vehicles during the provision of the transport service. The User must use a mask on a mandatory basis and under his own responsibility when on board the vehicle as established in Order TMA / 384/2020, of May 3, which dictates instructions on the use of masks in the different modes of transport and requirements are set to ensure safe mobility in accordance with the plan for the transition to a new normal. The User understands that with the use of the Application and/or Website (and with the corresponding reservation of a vehicle rental service with a driver), they may be exposed to a potentially dangerous or harmful transport for minors given the risks inherent to the transport activity itself. If the User reserves her vehicle less than 2 hours before the departure of her train / plane / boat, Golden Wheels & Golden Events SL will not be responsible for the cost of the ticket purchased by the User in the event that it does not arrive at time. In this sense, the User must remember that traffic may increase depending on the time slot and this may cause significant delays in their trip.

9. Notifications
Golden Wheels & Golden Events SL may make the appropriate notifications through the Application and / or Website, through the email address provided by the User in the Registration Form, by SMS, through regular mail to the address provided by the User in the Registration Form. The User, in turn, may send notifications to Golden Wheels & Golden Events SL through the Help Center.

 

10. Assignment
The User may not assign their rights and obligations under these General Conditions of Use without the prior written consent of Golden Wheels & Golden Events SL. Golden Wheels & Golden Events SL may assign its contractual position, without commercial purposes other than those assumed by virtue of these General Conditions of Use, to any entity within its group of companies, worldwide, as well as to any person or entity that succeeds it in the exercise of its business by any title.

 

11. Applicable law
These General Conditions of Use, as well as the relationship between Golden Wheels & Golden Events SL and the User, will be governed and interpreted in accordance with Spanish law. In this way, the activity of Golden Wheels & Golden Events SL is subject, among other regulations that are applicable to it, to Law 16/1987, of July 30, on the Regulation of Land Transport, to Royal Decree 1211/1990, of September 28, which develops the previous rule, as well as Decree Law 4/2019, of January 29, on urgent measures in the matter of passenger transport through the rental of vehicles with a driver from Catalonia and the LGDCU.