Consumer and Pilot Participant Terms of Supply

/Consumer and Pilot Participant Terms of Supply
Consumer and Pilot Participant Terms of Supply2020-03-12T16:13:05+00:00

Introduction
The MyCorridor one-stop-shop mobile travel application (the “Platform“), is brought to you by the technical partners of the “MyCorridor” research consortium listed in Annex 1 to these Terms of Supply (the “MyCorridor Technical Partners“, “MyCorridor“, “we“, “us“, “our“), each a “MyCorridor Technical Partner“.

Who we are and how to contact us
The MyCorridor Technical Partners form part of the MyCorridor consortium, carrying out the MyCorridor research project, funded by the European Union’s Horizon 2020 initiative, project ID: 723384.
You can contact the MyCorridor Technical Partners at mycorridor@certh.gr.

These Terms of Supply
These Terms of Supply (the “Terms“) set out the terms on which MyCorridor agrees to make the Services available to you via the Platform, including for the purposes of the Pilots (defined below).
Please read these Terms carefully. By using our Platform, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Platform.
We recommend that you save and/or print a copy of these Terms for future reference when making a Booking.

Definitions and scope

1.1. Definitions
The following definitions have the same meaning whether they are singular or plural.

Aggregator” means the owner of a platform which aggregates, and provides access to, any number of Suppliers via the Platform.
Aggregator’s Terms and Conditions” means the terms and conditions applicable to the Aggregator(s) whose aggregating services you use in order to complete a Booking with a Supplier.
Booking” means any order for Services placed via our Platform.
Journey” means a door-to-door travel solution, incorporating one or more Services, redeemable via one electronic ticket, accessible to you via the Platform after a Booking is made.
Phase 1” means the first phase of the Pilots, with recruited users, in a controlled environment, for the purposes of testing and evaluating the Platform, without real-life travel.
Phase 2” means the second phase of the Pilots, with recruited users, testing the Platform through real-life application, including actual travel and payment.
Pilot” means the testing and evaluating of the Platform through Phase 1 and Phase 2. “Pilots” shall be construed accordingly.
Supplier’s Terms and Conditions” means the terms and conditions applicable to the Supplier(s) with whom you have concluded a separate contract by making a Booking for Services via the Platform.
Service” means a transport service provided by a Supplier and offered via the Platform as part of a Journey, such as a flight, taxi, train or car hire. “Services” shall be construed accordingly.
Supplier” means a supplier of Services, such as an airline, car hire company, train operator or other transport operator.
Terms of Use” means the terms governing your use of the Platform, which supplement these Terms.

1.2. Scope
The MyCorridor Platform is a one-stop shop, helping you to find door-to-door travel solutions and to make the necessary reservations for a Journey, redeemable via one electronic ticket (“e-ticket”), accessible via the Platform.

MyCorridor  acts merely as an intermediary for the booking of Services. The Services in your Booking are governed by a contract between you and the relevant Supplier and MyCorridor is not responsible for any delays, cancellations or disruptions to any Service. Please refer to the relevant Supplier’s Terms and Conditions before finalising a Booking.

These Terms only apply to you as a consumer or Pilot participant. If you are a Supplier or other service provider, please refer to our Service Provider Platform Terms and Conditions available here mycorridor@certh.gr.
MyCorridor may amend these Terms at any time without prior notice. Any such amendments to these Terms will not apply to Bookings that have already been accepted by MyCorridor, on behalf of the Supplier(s) concerned.
Other terms that apply to you
These Terms refer to the following additional terms, which also apply to your use of our Platform:
• our Terms of Use policy, which sets out the permitted uses and prohibited uses of our Platform. When using our Platform, you must comply with our Terms of Use policy;
• our Privacy Policy;
• our Cookie Policy, which sets out information about the cookies we use; and
• the relevant  Supplier’s Terms and Conditions, which you’ll find a link to in the Booking process, within the Platform itself or via the relevant Supplier’s website.

2. The Booking Process

2.1 Your legal authority
You must be at least 18 years old and legally authorised to enter into contractual obligations and, where relevant, have the requisite consent or authority to act for or on behalf of any persons included in a Booking.

2.2. The Booking process

2.2.1 How to book
The Platform will display one or more Journey suggestions, consisting of door-to-door travel solutions (including cross-border travel solutions), which may include more than one Service, in response to your search criteria. The Journey suggestions offered on the Platform specify the individual Services included in that Journey, together with the total price (and whether this price is fixed or estimated), a breakdown of the proposed itinerary, and a breakdown of the prices for each Service included in that Journey (and whether such prices are fixed or estimated). Prices are shown in EUR.
Once you have selected your preferred Journey, payment will be requested via the Platform and processed by MyCorridor’s Payment Services Provider, Viva Payments Services S.A (“VivaWallet”), in accordance with the ‘Prices and Payment’ section of these Terms below, to complete your Booking.

Where your participation in the Pilot includes real-life testing conditions, such as real-life travel, you will be required to pay for your travel ticket yourself. Where you are taking part in Phase 1 of the Pilots, which does not include real-life travel, no actual payment will be processed.
Please note that you may require other documentation or approval for travel to your destination. It is your responsibility to ensure that you carry all necessary documentation. We advise that you check with the relevant Supplier or passport office, prior to completing your Booking, whether there are any particular requirements for your Journey.
Suppliers (or related authorities) may require passenger information to be submitted to them prior to travel. We therefore reserve the right to request this information from you (which may include copies of your passport), to verify this information on behalf of Suppliers or authorities that require it.

2.2.2 Prices and payment
MyCorridor acts as an interface between you and the Supplier. By making a Booking via the Platform, you authorise MyCorridor to act as your representative during the Booking process, and for our Payment Services Provider, VivaWallet, to accept the required payment from you and transfer it to the Supplier in your name and on your behalf. As stated in section 2.2.1, where you are participating in a Phase 1 Pilot, which does not require you to pay for the Services, this section 2.2.2, does not apply to you.
To enable your Booking to be finalised, you will be required to provide the details of your payment card via the Platform, and VivaWallet will often have to verify: (i) the validity of the payment card; and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your card).

Pre-authorisation
When you make a Booking we may need to take a pre-authorisation, which is a hold of a specified amount on your credit or debit card for a Booking to be finalised. If a pre-authorisation is required, you will be notified of the pre-authorisation amount prior to such pre-authorisation being taken. This helps us to ensure that sufficient funds are available for you to pay for your Journey and for any additional charges which may be incurred during your Journey. Please note that this is not a charge and no funds will actually be debited from your account as part of this pre-authorisation process.
The amount of the pre-authorisation will depend on the Services in your Booking, and this amount will be notified to you at the time you make your Booking.
VivaWallet, as our Payment Services Provider, is responsible for the pre-authorisation process. If you have any questions regarding your pre-authorisation, please contact VivaWallet here https://www.vivawallet.com/en-gb/.
Once your Journey is completed, the final fare for that Journey (including any additional charges) will be debited from the credit or debit card you provided to us on making your Booking. Where the pre-authorisation amount was greater than the final fare for your Journey, any additional pre-authorisation amount will be released in accordance with your relevant credit or debit card’s terms and conditions. Please note that it is your issuing bank which holds the pre-authorisation, and therefore if you have any questions relating to when your pre-authorisation will be released, please contact your issuing bank.

Additional payment terms
Occasionally technical errors do occur, and we reserve the right to cancel any transaction in which a Service or Journey has been sold at an incorrect value.
We do not take third party payments. Therefore, the card holder must be one of the travellers.
Air miles and vouchers from loyalty programmes are not valid for Bookings via the Platform. If you are entitled to benefit from a discount, the associated special fares will be shown on the Platform during the Booking process, before you confirm the Booking.

2.2.3 Confirmation of Booking
Once your Booking has been processed and accepted, you will receive a confirmation message via e-mail and your e-ticket via the Platform and / or via email, which will cover all the Services included in your Journey. The confirmation message and the Platform will provide details of your itinerary, the amount paid or estimated amount payable and instructions on how to use your e-ticket. On receipt of this confirmation message, your contract with the relevant Supplier becomes legally binding and directly enforceable, without any intervention by MyCorridor.
Please ensure that you enter your email address carefully when you make a Booking. If your contact details subsequently change, please let us know straight away by contacting us at mycorridor@certh.gr, so we can make sure you don’t miss any important messages, such as any changes to your itinerary.
Unfortunately, we’re not responsible if anything goes wrong with your Booking or Journey because you gave us an inaccurate email address.
If you do not receive a confirmation message within 24 hours of placing the Booking, you should contact MyCorridor at mycorridor@certh.gr.

2.2.4 Your right to cancel or amend a Booking
This section 2.2.4 only applies to you if you are booking real-life travel, which requires actual payment by you, (whether or not as a Pilot participant). Where you are participating in Phase 1 of the Pilot, you are not entitled to cancel or amend a Booking, unless you are doing so under, and in accordance with, our specific instructions, as part of the Pilot.
Your rights to cancel or amend a Booking will be subject to the relevant Supplier’s Terms and Conditions. Where you consider you are eligible to cancel or amend a Booking, please contact MyCorridor at least 48 hours prior to commencing your Journey, at mycorridor@certh.gr.
A fee may be imposed by the applicable Supplier in the event of your cancellation or amendment to a Booking. Please refer to the relevant Supplier’s Terms and Conditions.

2.2.5 Reimbursements and refunds
This section 2.2.5 only applies to you if you are booking real-life travel, which requires actual payment by you (whether or not as a Pilot participant).

2.2.5.1 Reimbursements
If you are participating in a Pilot, you may be entitled to a full or partial reimbursement of the amount paid by you for your Booking or a discount, if this has been agreed between you and us prior to your participation in the Pilot. If you are eligible for a reimbursement, this will be transferred directly to you by the relevant MyCorridor Technical Partner managing the Pilot. The Supplier is not responsible for any such reimbursement. If you have any queries relating to your entitlement to a reimbursement, please contact the MyCorridor Technical Partner in charge of the Pilot. If you are not sure which MyCorridor Technical Partner to contact, please contact mycorridor@certh.gr.

2.2.5.2 Cancellations and delays by Suppliers
In the event of a delay or cancellation to one of the Services in your Booking, or if a Supplier causes you to miss a connecting Service forming part of your Journey, you may be entitled to a refund or compensation from the Supplier (less any payment processing charges). Any right you may have to a refund (in whole or in part) or to any compensation, and the extent of any such refund or compensation, will depend on the Supplier’s Terms and Conditions. Please contact the relevant Supplier if you consider you may be entitled to a refund or to compensation. Not all taxes are refundable and any card charges are not refundable.

2.2.5.3 Cancellations and amendments by MyCorridor
As a Pilot participant, you acknowledge that we will be testing and evaluating the Platform, and that therefore there may be occasions where we need to cancel or amend your Booking. Where we are required to cancel your Booking, we shall provide you with advance written notice of the cancellation via your account on the Platform or using the email address you provided to us when you signed up to the Pilot, and we shall issue you a refund for your Booking, or the part of the Booking which was cancelled, unless an amendment can be made.
In the event we propose an amendment to your Booking, we shall provide you with advance notice and details of an alternative proposed Service or Journey via your account on the Platform or using the email address you provided to us when you signed up to the Pilot (an “Amendment Notice”). If you are unable to accept the alternative Service or Journey proposed by us, you must notify us of this within 24 hours of receiving the Amendment Notice, using the contact details provided in the Amendment Notice.
For any cancellation, amendment or refund related enquiries, please contact us at mycorridor@certh.gr.

3. Your personal information
We will only use your personal information as set out in our privacy policy available here.

4. The Services

4.1 Supplier’s Terms and Conditions
This section 4 does not apply to you if you are taking part in Phase 1 of the Pilot, where you are not participating in real-life travel.

As a reminder, MyCorridor only acts as an intermediary for the booking of any Services. This means that the Services in your Booking are governed by a contract between you and the relevant Supplier and MyCorridor is not responsible for any delays, cancellations or disruptions to any Service. When you make a Booking via the Platform, MyCorridor makes the Booking on your behalf and these Terms are subject to each relevant Supplier’s Terms and Conditions.

The Supplier’s Terms and Conditions will set out what rights you have against the relevant Supplier and will explain their liability to you in the event of anything going wrong.

On making a Booking you automatically accept, and agree to comply with, the relevant Supplier’s Terms and Conditions. You acknowledge that breaching the Supplier’s Terms and Conditions could result in cancellation of your Booking, removal of any MyCorridor benefits offered to you, and additional charges.

We have no control over Suppliers or their respective websites, terms and conditions and policies. It is your responsibility to read and ensure you fully understand the relevant Supplier’s Terms and Conditions. In instances where a Supplier’s Terms and Conditions are not accessible via a link on the Platform, please refer to the relevant Supplier’s website. Following a request by you addressed to MyCorridor at mycorridor@certh.gr, we shall provide you with that Supplier’s contact details so you can contact them directly to obtain a copy. Please ensure that you refer to the applicable Supplier’s Terms and Conditions for any applicable cancellation or amendment charges and other important terms and conditions.

In particular, you acknowledge and agree that:
• MyCorridor has no control over the allocation of seats on any transport, even if pre-booked, and does not guarantee that any specific seats will be available on a journey;
• MyCorridor has no control over any indications of the journey times which are provided by the Supplier of the relevant Service and which are given for guidance only and are subject to alteration and confirmation by the Supplier;
• it is your responsibility to check and comply with the relevant Supplier’s policies and Terms and Conditions. For example, (without limitation) on the carriage of pregnant women and children.
• additional charges may be imposed by some Suppliers for extras such as, (but not limited to), additional stops, meals, luggage, preferred seat selection or seat upgrades and access to Wi-Fi. Certain Services, e.g., car rentals, may also require additional charges to be paid locally, such as refuelling, additional driver charges, young driver surcharge and delivery and collection fees. Please refer to the relevant Supplier’s Terms and Conditions for further information. You acknowledge that MyCorridor is not responsible for such charges and any information on such charges which may be shown on the Platform are for information only and may be amended by the relevant Supplier at any time. Queries or complaints relating to any such charges must be addressed directly with the relevant Supplier;
• a ticket may only be used by you or by the person in your travel group on whose behalf you bought the ticket;
• if you are making the Booking, you must be at least 18 years old; and
• although MyCorridor may provide information about disruption to a journey (such as line closures and bus replacement services), to the extent that such information is made available to MyCorridor by the relevant Supplier, it is your responsibility to check with the relevant Supplier directly if you are concerned about any possible planned or unplanned disruptions to your Journey.

4.2. EU Community list
In accordance with EU regulations, details of air carriers that are subject to an operating ban within the European Community are available at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm.

4.3 Accessibility
If you require assistance relating to a disability or reduced mobility during your Journey, you should directly contact the Supplier with whom you will be travelling in accordance with the relevant Supplier’s Terms and Conditions, to request such assistance. We recommend that you contact the relevant Supplier as soon as reasonably practicable after making your Booking.

4.4 Insurance
The prices quoted on the Platform do not include travel insurance. You are therefore advised to take out insurance that covers the consequences of certain cases of cancellation and an additional policy that provides cover for certain special risks such as the cost of repatriation in the event of an accident or illness. It is your responsibility to ensure any insurance policy is adequate to cover your requirements.

5. Service and the handling of complaints
If you have a query, request for information, or complaint relating to a Service, you must first contact us at mycorridor@certh.gr. We shall initially process any query, request for information, or complaint you may have on behalf of Suppliers. However, where appropriate, you may subsequently be advised to contact the Supplier directly. You are encouraged to bring forward any complaint within 30 days of the end of a Journey.
If a complaint has arisen during the Journey, we recommend that you address the complaint directly with the relevant Supplier, so that measures can be taken to resolve the problem efficiently and limit the damage suffered by you.
The European Commission’s Online Dispute Resolution Platform is available at http://ec.europa.eu/odr.

6. MyCorridor’s liability
You accept that MyCorridor acts as an interface between you and the Suppliers and we will under no circumstances be liable with respect to any Service provided by a Supplier or for the acts or omissions of any other third party.

In rare circumstances out of our control such as, but not limited to, natural disasters, terrorist attacks and war (“force majeure” events), we or the relevant Supplier may be prevented from providing services to you. In such circumstances, we’re exempt from our legal responsibilities and any other non-compliances that result from that event happening.

MyCorridor is not liable if and insofar as you are able to claim for damages under an insurance policy such as travel insurance.

The exclusions and limitations contained in this clause apply only to the extent permitted by applicable law.

7. Law and jurisdiction
These Terms are governed by the laws of England and Wales. You agree that the English Courts shall have jurisdiction to hear and determine any dispute arising from the interpretation of these Terms. However, you may choose the law and jurisdiction of the country in which you reside.

8. General
We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
These Terms, together with any others incorporated or referred to in these Terms, constitute the entire agreement between you and us relating to their subject matter, and supersede all previous understandings and agreements (whether oral or written) relating to the subject matter.
If MyCorridor does not invoke one of the provisions of these Terms at any one moment, this must not be interpreted as a cession of the right to invoke it at a later date.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
These Terms are a legally binding contract between you and us. No other person shall have any rights to enforce any of its terms.
These Terms come into force on 17 February 2020.

Annex 1

MyCorridor Technical Partners
Centre for Research and Technology Hellas (“CERTH”)
CERTH Hellenic Institute of Transport
CERTH Informatics and Telematics Institute
TTS Italia Associazione
AMCO Olokliromena Systimata Ypsilis Technologias Anonymi Viomichaniki Kai Emporiki Etairia
Viva Payments Services S.A
Viva Wallet Holdings – Software Development S.A,
Salzburg Research Forschungsgesellschaft M.B.H.
MAP Traffic Management B.V.
Swarco Mizar S.r.l
Swarco Hellas A.E
TomTom Location Technology Germany GMBH
Chaps spol sro
HaCon Ingenieurgesellschaft MBH
Roma Servizi Per La Mobilita Srl