Terms and Conditions
These terms and conditions (collectively, hereinafter referred to as the "Terms") govern your access to and use of the website, redbus.pe, redBus sales points and any mobile applications that are linked to or referenced by these Terms (collectively, hereinafter referred to as the "Website"). Furthermore, the Website is operated by Empresa Digital Peruana S.A.C., a company of Ibibo Group Sdn. Bhd. (hereinafter referred to as “redBus”).
Please read these Terms carefully before using the Website, which is an online marketplace that uses a search engine, as they can be amended from time to time. Furthermore, for the sake of clarity, it is stressed that the Website is not engaged in providing any services by itself but is a platform which merely connects the customers with the service providers.
The Users of the Website shall be deemed to have read, understood and expressly accepted these Terms, same which shall govern the transactions involving bus ticket bookings through the Website and shall be binding on the Users. All rights and liabilities of the User and/or the Website regarding the use of the Website and the use of the bus ticket booking facility (hereinafter referred to as "Facility/Facilities") provided by the Website, shall be restricted to the scope of this agreement.
In addition to these Terms, any other ‘terms of service’ of the application-programming interface (“API”) with which redBus may tie-up would form an integral part of this Agreement (hereinafter referred to as the “API Terms”). However, in the event of a conflict between such API Terms and these Terms, these Terms shall prevail.
Both the User and the Website are individually referred to as 'party' to the agreement and collectively referred to as 'parties'.
- For the purpose of these Terms, wherever the context so requires, "You" or "User" shall mean any individual or legal entity which has agreed to become a buyer and/or user of the Facilities being offered on the Website.
- redBus allows the User to surf the Website or make purchases without registering on the Website. The term "We", "Us", "Our" shall refer to the Website and/or its affiliates.
- Our Website:
redBus wishes to stress that it is only an Online Marketplace which merely connects the customers with the business and with the service providers. In light of the foregoing, redBus would like to state as follows:
- The Website is only a marketplace, which simply lists the local operators registered with the Website, but does not provide the product/services per se. Hence, the limited role of the Website is to connect the ‘buyer’/You and the bus operator/service provider.
- Consistent with the foregoing, you agree that any liability in relation to the product being sold/ services being offered on the Website in accordance with Peruvian applicable laws shall be that of the ‘seller’/service provider and not of the Website/ redBus. In case of any deficiency in the products/services, You agree to pursue any action arising from such deficiency in the products/services against the bus operator/service provider and not against the Website/ redBus.
- You further agree and acknowledge that the Website is only a facilitator and is not, and cannot be a party to, or otherwise control, any transactions offered on the Website. Accordingly, the contract for the purchase of bus tickets on the Website will be a strictly bipartite contract between You and the bus operator/service provider listed on the Website.
- You further agree and acknowledge that all ‘discounts/coupons (if applicable)’ on the Website/prices at which the products/services are being offered by the bus operator on the Website are solely an “invitation to treat” in accordance with the Civil Code and other applicable Peruvian laws and shall not be construed as an “offer” in accordance with the applicable laws. Accordingly, in line with the foregoing, when you request to purchase any product from a ‘seller’ listed on the Website, that would be termed as a ‘valid offer’ under the applicable laws and, once this is done, it shall correspond to the ‘seller’ to either accept or reject the ‘valid offer’ in question. In this regard, note that if the ‘seller’ accepts the said ‘valid offer’, only then would it be tantamount to a ‘valid contract’ as per the applicable laws.
- User Account:
redBus may offer the End-User the option of opening user accounts on the Website. The user account may be linked to the User’s email-id or phone number, or both. For the use of the Website by any User, either by registering an account with redBus or using the Website as guest (unregistered user), the User agrees to the following:
- You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account when You use the Website by registering an account with redBus.
- By using the Website, either as a guest user or registered user, You authorize redBus and its agents to access third party websites, including that of banks and other payment gateways, designated by the bank or on the bank’s behalf for retrieving the information requested for processing a customer- generated transaction on the Website.
- In the event that You use the Website through a registered account, You agree to accept responsibility for all activities that occur under your account or password.
- In the event that You use the Website through a registered account, You should take all necessary steps to ensure that the password is kept confidential and secure, and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
- We will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per Peruvian laws.
- You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the Website. You shall also be liable for complying with all applicable laws and regulations regarding the use of the Website with respect to the jurisdiction concerned with each transaction.
- The Website may be used for personal and non-commercial purposes only. Therefore, You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. through spider or scrape), display, download or reproduce any content or information, software, products or Facility available on the Website for any commercial or competitive activity or purpose.
- redBus reserves the right to deny the access to the Website, terminate accounts, remove or edit content at any time without notice if it has reasonable belief that your account is being used for unauthorized or illicit purposes. Any account termination will be duly informed to the User.
- Membership Eligibility:
- The use of the Website is available only to persons with a minimum age of 18 years, who can enter into legally binding contracts under Peruvian law. Persons who are "incompetent to contract" within the meaning of the applicable Peruvian laws are not eligible to use the Website. If you are a minor, you shall not register as a User of the Website and shall not transact on, or use, the Website.
- As a minor, if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents. We reserve the right to terminate your membership and/or refuse to provide you access to the Website if it is discovered that you are a minor or incompetent to contract according to Peruvian law.
- RedBus Wallet:
Redbus Wallet: Redbus, by its own exclusive criteria, can choose to give to its registered users, the opportunity to make transactions with the online Redbus Wallet (onwards, “Wallet”), the one that will have the following characteristics:
- Upon the cancellation of previously booked tickets, in case you have the Wallet you will have the option to, interchangeably, withdraw the money from your bank account/credit card linked to the account or from your Wallet.
- The Redbus Wallet cash can only be used by the Client to book bus tickets only via the Redbus Website. The Client can only buy up to 20% of the ticket value using Wallet Cash in each transaction.
- The current form and format of the Wallet issued by Redbus to its Clients has been created following the model of a closed system pre-paid instrument.
- Any offer cash deposited in your Wallet by redBus will not be reimbursable to your bank account upon the cancellation of your reserve. Said promotional cash has an expiration date from which you won’t be available to use it.
- Any Wallet cash that remains unclaimed or unused for over six (6) months will be blocked and will be lost.
- If you generate PagoEfectivo Codes using, in addition, the points of your wallet and you do not make the payment, these points will be lost and will not be refunded.
By expressing your agreement to these Terms, you shall be bound by the following policies of the Website:
- This Website may contain links to other websites maintained by third parties (hereinafter referred to as "External Sites"). These External Sites are provided for User's reference and convenience only. We do not operate, control or endorse, in any respect, such External Sites or their content. The User assumes sole responsibility for the use of such External Sites and is therefore advised to carefully examine the terms and conditions applicable to those External Sites.
- You must not use commercial links to this Website without obtaining the prior written approval of redBus. The use of any automated screen capture or screen scraping technologies to obtain information from this Website without the prior written approval of redBus is an infringement of our intellectual property rights.
- Use Management:
- You acknowledge that you only have a limited right to merely use the Website and that you have no right to modify any part of the Website or to reproduce, copy, distribute, sell, resell or access the Facility for any other commercial purposes.
- You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged in these Terms. You shall use this Website and Facility and any products/services purchased through it, for personal, non-commercial purposes only and shall not re-sell the same to any other person
- You may not use any meta tags or any other hidden text utilizing the Website or its affiliates' names or trademarks without the express written consent of redBus / the Website and / or its affiliates, as applicable.
You must not use the Website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity; and
- to send, use or reuse any material that does not belong to you; or material that is illegal, offensive (including but not limited to material which content is sexually explicit or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Peru or the friendly relations with foreign States; or is objectionable or otherwise unlawful in any manner whatsoever; or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxiety
- When you use the Website or send us emails or other data, information or communications, you agree and understand that you are communicating with us through electronic records and you consent to receiving in response communications from us via electronic records periodically, and as and when required.
- We may communicate with you by email or by such other mode of communication, electronic or otherwise, as long as you have consented to it. At any time, you may grant, take back or grant again said consent. redBus operates within the scope of Law 29733 (Personal Data Protection Law), Law 28493 (Antispam Law), the “Thanks, do not insist” Registry and other applicable Peruvian legal provisions
- Disclaimer of Warranties and Liability:
- This Website, the Facility, products/services (including but not limited to software) included or otherwise made available to you through this Website are provided on "as is" and "as available" basis without any representation or warranty, express or implied, except as otherwise specified in writing by redBus or on the Website.
Without prejudice to the foregoing paragraph, Website does not warrant that:
- The Website will be constantly available, or available at all; or
- The information supplied by service providers on this Website is complete, true, accurate or non-misleading.
- redBus will not be liable to you in any way or in relation to the contents or use of, or otherwise in connection with, the Website. The Website does not warrant that this Site; the information, content, materials, product (including software), Facility or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent by us, are free of viruses or other harmful components, despite our best and diligent efforts to prevent these incidents.
- You may be required to enter a valid phone number while placing an order or transacting on the Website. By registering your phone number with us, you consent to be contacted by us for the purposes of said transaction on the Website.
- We will not use your personal information to initiate any promotional phone calls or sms without your previous consent.
For the purpose of booking bus tickets through the Website, we warrant that we shall be responsible for the following activities:
- Issuing a valid ticket (a ticket that will be accepted by the bus operator); and
- Providing the customer support and information in case of any delays / inconvenience.
However, We DO NOT take any liability for the following:
- The bus operator’s bus not departing/ arriving on time;
- The bus operator’s employees being rude;
- The bus operator’s bus seats, facilities, etc. not being up to the customer’s expectation;
- The bus operator canceling the trip due to unavoidable reasons as described in the following clauses;
- The baggage of the customer getting lost/stolen/damaged;
- The bus operator changing a customer’s seat at the last minute to accommodate a lady / child;
- The customer waiting at the wrong boarding point (please call the bus operator to find out the exact boarding point if you are not a regular traveler on that particular bus);
- The bus operator changing the boarding point and/or using a pick-up vehicle at the boarding point to take customers to the bus departure point; and
- The bus used for the journey does not fit the description given to the User by the bus operator.
For the use that you will make of any of the payment method(s) available on the Website, redBus shall not be responsible or assume any liability whatsoever with respect to any loss or damage arising directly or indirectly to you due to any of the following:
- Lack of authorization for any transaction/s; or
- Exceeding the preset limit mutually agreed upon by You and any "bank/s"; or
- Any payment issues arising out of the transaction; or
- Declining the transaction for any other reason/s.
Please note that:
- The transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between You and the bus operator and the payment facility is merely used by You and the bus operator to facilitate the completion of the transaction. The use of the payment facility shall not render us liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, or fraud as regards the products and/or services listed by the operators on the Website
- You have specifically authorized the Website or its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically. By accepting these Terms, you agree that the Website is an independent contractor for all purposes and has no control of or liability for the products or services offered by the providers on the Website, and paid for using the payment facility. The Website does not guarantee the identity of any User nor does it ensure that You or the bus operator will complete a transaction.
- You understand, accept and agree that the payment facility provided through any third party on the Website is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment collection and remittance facility for the Transactions on the Website, using the existing authorized banking infrastructure and credit card payment gateway networks. Furthermore, by providing a payment facility, the Website is neither acting as trustee nor in a fiduciary capacity with respect to the transaction or the transaction price.
- Carriage Policy:
- You are responsible for ensuring that your travelling date, time and destination are correct before making the booking/reservation using the Facility, or when you select to confirm your ticket purchase from the internet ticketing system. Please check our cancellation Policy available on the Website for details about cancellation and refunds.
- You are responsible for being on board the bus reasonably in advance before departure time. We are not liable if you fail to be on board the bus by the time the coach departs
The bus operators reserve the right to deny you and your luggage transportation on the bus for any justified reason, including but not limited to:
- Carrying contraband, illegal substances, fragile or oversize/overweight luggage, unruly behavior, drunkenness or any other behavior that, in the discretion of the operator, affects other passengers’ comfort or safety;
- Your inability to produce a valid-ID while travelling.
- The payment of your fare being fraudulent;
- The booking of your seat having been done fraudulently or unlawfully or having been purchased from a non-authorized person;
- The credit card with which you paid for the fare having been reported lost or stolen;
- The itinerary or booking, or the confirmation slip, being counterfeit or having been fraudulently obtained;
- The itinerary having been altered by anyone other than us or our authorized agent, or having been mutilated (in which case we reserve to ourselves the right to retain such documentation);
- Your inability to produce a valid and legible boarding ticket for the intended travel. The boarding ticket is prima facie evidence of the transportation contract between us and the boarding ticket holder;
- Your being considered medically unfit to travel and that, in the absolute discretion of redBus, you may pose a health threat to other passengers on board;
- Your failing to arrive on time to board the bus before departure time or failing to board the bus by the time of its departure.
- The bus operator having refused to carry you or electing to remove you from its unit for the above mentioned reasons; in that case, we reserve the right to cancel the unused ticket and you will not be entitled to further transportation or to a ticket refund. We will not be liable for the consequential or incidental loss, damage, cost, or fee you may incur with the refusal of carriage.
- Children below the age of twelve (12) will not be accepted for transport unless they are accompanied by an adult.
- The bus operators reserve to themselves the right to reschedule, cancel, and/or delay any trips and substitute other buses for any reasons they may deem necessary.
- You are responsible for ensuring that the necessary and valid travel documents, including the relevant passports, current visas and/or identification, are carried with you for the journey. If you are denied entry/exit, held up at the Immigrations Office of the country you are travelling to or from, we will not be held responsible for it and the bus operator shall have the right to continue the journey. We shall not be held responsible for any consequential or incidental loss, cost, and fee incurred by you as a result of this circumstance (see Visitors’ Entry regarding further information on travel documents, regulations and requirements).
redBus is not responsible for any delays at immigration checkpoints. It is the passenger’s responsibility to bring along valid travel documents and to comply with customs requirements.
- Intellectual Property Rights:
- The content included on the Website, such as text, trademarks, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Website (redBus), its affiliates or its content suppliers and is protected by Peruvian and international copyright, intellectual property rights and database protection laws.
- The compilation of all content on this Website is the exclusive property of redBus and its affiliates and is protected by the laws of Peru and by the international copyright and database protection laws. All software used on this Website is the property of redBus, its affiliates or its software suppliers and is protected by Peruvian and international copyright and intellectual property right laws.
- You may not systematically extract/or re-utilise parts of the contents of the Website without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation or reverse-engineering of any substantial parts of this Website, without redBus 's express written consent. You may also not create and/or publish your own database that features substantial parts (eg: prices and product listings) of the Website without redBus's express written consent.
- Our Trademarks are duly registered at various Jurisdictions and you cannot use said trademarks for commercially exploiting your interests without our express permission. We reserve to ourselves the right to initiate legal proceedings if we discover any infringement of our intellectual property rights.
- Grievance Officer:
In case of any consumer grievance, the End-User may contact redBus on the email ID provided below:
- Indemnity and Release:
- You shall indemnify and hold harmless the Website, redBus, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claims or complaints, or from any actions including reasonable attorney's fees, lodged by any third party, or penalty imposed upon such third party, arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
- You hereby expressly release the Website/ redBus or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence derived from any of the actions/inactions of the providers (third parties) and specifically waive any claims or complaints that you may have in this connection under any statute, contract or otherwise.
We will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenses) nor for any other indirect or consequential loss You may experience when You start using the Website.
- Governing law and Jurisdiction:
These Terms are governed by and shall be construed in accordance with the laws of Peru. The courts in Peru shall have exclusive jurisdiction with respect to any disputes arising out of or in connection with these Terms
- Suspension, Termination or Cancellation
The Website may suspend, cancel or terminate your account registered with us, with or without prior notice, if we believe in good faith that you have breached any of these Terms or any other terms or policies referred to hereunder.
- Amendment / Modification:
redBus reserves the right to modify these Terms at any time with or without further notice by uploading the revised Terms on the Website and it is Your duty to keep yourself aware of the revisions to the Terms of the Website.
- Limitation Of Liability:
THE WEBSITE/REDBUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE WEBSITE, THE FACILITIES, TRANSACTION PROCESSING SERVICE, INABILITY TO USE SOME FACILITY OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, BEYOND THE VALUE OF THE LAST TRANSACTION CARRIED OUT BY THE END-USER THROUGH THE SITE.
- The Parties acknowledge and accept that the electronic format shall be deemed an acceptable means of communication for the purposes of these Terms.
- These Terms embody the full and entire agreement between the Parties on the subject of ‘terms of usage of the Website’ (save and except the other policies and terms referred to in these Terms) and shall supersede any and all other prior understanding, commitment, representation or agreement, whether written or oral, between the Parties to these Terms.
- If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms, which shall remain in full force and effect.
- In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver or abdication of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.