EcuadorBus is a Digital Platform that comprises web applications accessed through a web browser or on mobile devices over the Internet. The Website EcuadorBus.com is the means by which the user accesses the web applications and Digital Platform.  The Digital Platform enables users to arrange transportation services with third-party providers of such transportation in and around Latin America.  Prices for these services and products are displayed through the Digital Platform and the user pays for them in advance (see Consumptions and Transactions section below for further detail).

Unless otherwise agreed by AndesTransit LLC in a separate written agreement with you, the services and products made available through the Digital Platform are solely for your personal, non-commerical use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION THROUGH THE USE OF THE DIGITAL PLATFORM DOES NOT ESTABLISH ANDESTRANSIT AS A PROVIDER OF TRANSPORTATION OR AS A TRANSPORTATION CARRIER.

By accessing the Website or creating an account on our Website, you represent that you are of legal age (16 years and older) and have the legal capacity to enter into this agreement and to use this Website in accordance with these Terms, and acknowledge and agree to these Terms and to be bound by this Agreement.  When you make a purchase from this Digital Platform, you accept the Terms.

If you do not agree with these Terms, we kindly ask you not to access or use this Website. Violations of these Terms and Conditions of Use may result in termination of your account with or without notice, and/or the rightful refusal of EcuadorBus.com to provide you further access to services.

Users of this Website should also read our Privacy Policy linked in the footer below.

Ownership

EcuadorBus.com is owned by AndesTransit LLC, a United States company headquartered in Sheridan, Wyoming.

Writing to Us

To contact AndesTransit LLC to specifically obtain a copy of these Terms or the privacy policy, send a mail to the following address saying that you would like to request a copy of the Terms of Use and Privacy Policy.  Provide your email address and we will respond by sending you a digital copy.

Copyright Agent for EcuadorBus.com, AndesTransit LLC, 30 N Gould St., Suite 7929, Sheridan WY 82801 USA

For any official government-related mail, our address is AndesTransit LLC, 30 N Gould, Suite R, Sheridan, WY 82801 USA

For all other mail, correspond to our main address at 30 N Gould St., Suite 7929, Sheridan WY 82801 USA

Account Users and Registration Obligations

In order to take advantage of or use some of the features offered with the Digital Platform, you may be required to create an account on the Website or Family of Websites.

By creating an account, you agree to take full responsibility for maintenance of the account user name, password, and all related activity, including, without limitation, the accuracy of information that occurs under your account username. Additionally, you may be responsible for an account that includes monthly fees.

You are responsible for the confidentiality and safeguarding of your password used to access the Digital Platform, and ensuring that your password is not provided to unauthorized parties. You are also responsible for any financial consequences resulting from the use of the Digital Platform by an unauthorized third party using your password. You acknowledge that any information you provide to access the Digital Platform, before and during use, is true, complete, and accurate; and you are committed to keeping it updated.

We reserve the right, in our sole discretion, to close your accounts at any time for any reason or no reason whatsoever. If we close your account, we reserve the right to not send an email with the reason for our decision.

By accessing the Digital Platform and creating an account, you agree to provide truthful, current, accurate, and complete information about yourself, such information is referred to hereinafter as the “Account Data”, and to maintain and update the Account Data to ensure that at all times it is current, accurate and complete information. If you provide any information that is untrue, not current, inaccurate, or incomplete, or We have reason to suspect that such information is untrue, inaccurate, not current, or incomplete, we maintain the right, in our sole discretion, to suspend or terminate your account and refuse your future use of the Digital Platform.

Additionally, you agree that if you provide intentionally deceitful or false information to the Website or the Family of Websites in the process of your purchasing available services, We will be entitled to collect liquidated damages of USD 1,000 per violation from you, without limiting any additional damages to which We may be legally entitled.

Personal Use

This Digital Platform is solely for your personal use. Modification, reproduction, copying, distribution, sale, resale, and other forms of exploitation for commercial or equivalent purposes are prohibited.

You agree not to use this Digital Platform for illegal or prohibited purposes. In particular, you agree that the goods or services purchased through this Platform are for use or consumption, or the use or consumption of people in the name of the person authorizing the purchase. You may not resell to others the products or services purchased through this Digital Platform. AndesTransit reserves the right to deny access to the Digital Platform at any time without notice.

Products and services available through our Digital Platform can belong to three classes: Class One are those we directly create for purchase (e.g., books and audio guides we author, personalized trip assistance) and are thus are our exclusive intellectual property. Class Two are streamed or passive products and services offered by affiliates or third-party advertisers (e.g., hotel accommodations or products and services displayed through streamed ads). Class Three are consigned products and services (public transportation tickets and charter reservations) that are performed by third-party providers but that we publicize through our Platform and provide the sales and brokerage service to connect the buyer and the third-party provider.  Users who purchase Class Two and Three third-party products and services as defined above are subject to the additional terms and conditions of the third parties in each case. In particular, transportation tickets and reservations we deliver to users may contain important information and limitations that are in force upon the user purchasing them and are beyond EcuadorBus or AndesTransit to modify or revoke. While We do our best to present these conditions to you, the user, before completing your purchase, you agree to these third-party terms and conditions when you purchase their product or service through our Platform, including but not limited to, payment of other administrative costs for the services of our brokerage.

When you make a transaction through our Platform or family of websites, you authorize EcuadorBus and AndesTransit to act as your agents to make further inquiries of our third-party providers as to the validity and accuracy of the information they the third-party providers have given us, and any other pertinent information available.

We regularly update and alter the content of this Website, and can at any time delete or change any information, features, or services provided.  While we make every effort to, we cannot guarantee to keep all information on this Website complete and accurate. This includes, but is not limited to, schedules, prices, routes, distances, product and service information, and blog articles.  We reserve the right, in our sole discretion, to modify these Terms at any time by updating these Terms online that you are reading now. You are solely responsible for reviewing and becoming familiar with any such modifications to the Terms. Such modifications to the Terms are effective immediately upon their publication, and any subsequent use of our Website after such publication constitutes your acceptance of these Terms as modified.

Unless We otherwise agree with you in a written agreement, any submission of content you provide to EcuadorBus.com is a submission hereby granted by you to both EcuadorBus and AndesTransit in the form of a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable, and sub-licensable right and license to access, store, copy, modify, use, and otherwise exploit all the submission of content in any further form. A submission of content can include, but is not limited to: testimonial contributions, routes, maps, firsthand accounts, data, or other materials submitted directly through the Website. We do not permit users to upload to our Website any materials which could infringe any rights of third parties. It is strongly prohibited to post defamatory comments, untrue statements, libel of any kind, any racist or unlawful statements, as well as any violation of any copyright, trademark or service mark, including the use of images for any subjects which could be considered offensive or abusive.  Likewise, we do not permit users to upload to another website (a third party) any Materials from our Website, which could infringe on our rights or the rights of any third parties.

You will be solely responsible for any damages resulting from content that you post that constitutes intellectual property infringement, libel, or defamation, from third parties and/or EcuadorBus.com and AndesTransit.com that may violate any laws or statutes whatsoever.

We reserve the right to remove any user account without prior notice to the user and without having to justify it to the user.

Copyrights

All content of this Website, including designs, text, graphics, pictures, video, information, software, code, logos, trademarks and service marks, and other content and materials posted on this Website, and their selection and arrangement (the “Site Materials”) are property of the Website and its affiliates and licensors with all rights reserved.

You may not reuse or redistribute any part of the Website for any reason. Please do not copy or reproduce any portion of the Website without our expressed written permission.

Copyright Infringement

We are committed to complying with copyright and related laws. You are not allowed to store or transmit any material or content on the Website in any manner if the material or content constitutes an infringement of third-party intellectual property rights. It is our policy to terminate the privileges of any user who infringes upon the intellectual property rights of others.

DMCA Compliance

If you are the owner of a copyrighted work who believes your rights have been infringed please provide the EcuadorBus.com Copyright Agent with all the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A specific description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A specific description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the website;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Send to: EcuadorBus Copyright Agent, AndesTransit LLC, 30 N Gould St., Suite 7929, Sheridan WY 82801 USA

When we receive a proper notice of claimed infringement under the Digital Millennium Copyright Act of 1998 (DMCA), the procedures specified in the DMCA will be followed to resolve the claim.

Routes Provided As-Is

All information on or through the Digital Platform is provided “As-Is”. All information about transportation routes is NOT OFFICIAL and is only the result of our best ability to collect and disseminate that information without warranty or guarantee. We do not present government-classified data nor represent government entities in any official capacity. Any information is used at your own risk!

Please read the sections “No Warranties” and “Limitations on Liability” for our full disclaimers.

No Warranties

All services, features, products, accounts, profiles, and materials are provided “as is” and on an “as available” basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, correctness of results, or non-infringement of intellectual property or other violation of rights.

Further, AndesTransit does not warrant or make any representations concerning the accuracy, validity, legitimacy, compensation, safety, outcome, likely results, or reliability of any products, features, or services, including, without limitation: any maps, traveling routes, recommended routes, times of departure or arrival, exact addresses or origin or destinations, or any negative experience whatsoever with the use of any route listed on the Website, and all other associated materials on the Website, Family of Websites, or on any sites linked to or from the Website.

No information obtained by you from the Website or subsequently from material and conversations sent to you by AndesTransit representatives shall create any warranty of any kind whatsoever unless expressly stated otherwise in the Terms.

AndesTransit does not provide a warranty against technical failures of the Website or those of its representatives nor for the lack of a timely response to your inquiries.

“Advertising” includes banner, contextual advertising, sponsored content, and or promotions, and excludes Class Two or Three Services as defined in the section “Consumptions and Transactions” above. “Sponsorship” includes any and all third-party entities that create, promote, and/or distribute products and services specifically through “Advertising” as defined in the previous sentence. These regulations govern issues such as acceptance or denial of advertisements and/or sponsorship by AndesTransit. Our policy may be modified at any time at the sole discretion of AndesTransit. If a modification occurs, AndesTransit will post a revised policy to this website.AndesTransit has the sole discretion to determine the type of advertising that we will accept and display on our Digital Platform and Website and under no circumstances shall AndesTransit’s acceptance of any advertisement be considered as an endorsement of the product(s) and/or service(s) advertised or the company that manufactures, distributes or promotes such product(s) or service(s). We expressly do not accept advertisements that promote pornography, gambling, high-risk inducements (e.g., pyramid schemes), illegal drug trafficking, or sex trafficking.

The inclusion of links to other websites from our Website does not imply that AndesTransit promotes, guarantees or recommends these sites, values their content or the services or products they offer.

European Union GDPR

The policies in this section apply uniquely and exclusively to European Union (EU) citizens, and in cases where these policies conflict with policies stated elsewhere in this Terms and Conditions of Use page, the EU GDPR policies will take precedence only for EU citizens. Citizens of other countries outside the EU are not beneficiaries of this section of policies and should refer to the policies outside this section.  This entire GDPR section is replicated in our Privacy Policy in the interest of ease of access.

Roles:

Data Subject: This is you, the consumer of AndesTransit products and services.

Data Controller: This is AndesTransit.  The Data Protection Officer can be reached through the GDPR Center at https://andestransit.com/gdprcenter

Data Processor: These are the third-party services that the data controller passes the data subject’s data to for either payment processing or marketing.  Payment processing processors include Stripe, PayPal, GooglePay, and ApplePay, nd only serve the purpose of collecting data for Performance of Contract, which is the GDPR language for what is required for the sale and maintenance of your purchased products and services made through the AndesTransit Digital Platform.  Marketing-related processors include Google (AdSense and Analytics), and Booking.com.  AndesTransit does not store any personally identifiable information of its data subjects on behalf of these marketing processors and only allows them to target personalized content to you on our platform from general input like your selected travel destination (in the case of booking.com) or your browsing profile outside the bounds of AndesTransit (Google).

Data Subject Rights:

–The Right of Access:  Data subjects have the right to access all data AndesTransit holds about them at any time. In turn, as the data controller, AndesTransit has the right to authenticate the validity of the data subject to prevent fraudulent access. If necessary, we may require the data processor to assist us in the retrieval of the data requested.  The time of delivery for a data subject’s access request is no longer than thirty (30) days.

–The Right to be Forgotten:  Data subjects have the right to request their data be forgotten by AndesTransit, but AndesTransit can only comply within the framework of its limitations. Namely, if your data is related to marketing purposes (newsletter, FareBus-ter mail, etc.), we can delete your contact data within 72 hours of request and our systems will have no further knowledge of you.  However, if your data is related to a product or service you paid for from AndesTransit, there are statutory warranties in place of up to 3.5 years that we must maintain your data as evidence in dispute and chargeback processes before we can delete it.  Likewise, if the data subject has paid for an annual subscription that hasn’t been canceled, we need to keep the data in order to continue billing.  You can contact the Data Protection Officer at support@andestransit.com to ascertain what are the exact allowances and limitations for your particular situation, and a more specific deletion date.  The time required to come to a determination is no longer than thirty (30) days.

–The Right to Object: Data subjects have the right to object to the continuance of using their data for direct marketing purposes by contacting the Data Protection Officer at support@andestransit.com. This pertains to marketing under the control of AndesTransit, and not indirect marketing performed by third parties that is outside the bounds of AndesTransit and for which there is no personally identifiable data shared. The right to object does not extend to processing data related to payments, as this processing is immediate upon the data subject checkout.

–The Right to Rectification:  Data subjects have the right to request AndesTransit rectify incomplete or incorrect data, but in some cases where a ticket has already been acquired, rectifying the data requires a change fee or outright purchasing the ticket again with no refund for the original ticket. By paying the change fee or purchasing a new ticket to replace the original, the right to rectify will be fulfilled.

–The Right to Data Portability: Data subjects have the right to request their data be exported in a structured, commonly used, and machine-readable format and sent to them or to another data controller through a secure channel determined by AndesTransit.  The process takes thirty days (30) upon request, but is subject to the following limitations: 1) The data subject must be authenticated by AndesTransit to verify their identity is truly related to the data they request; 2) A form signed in DocuSign must be completed in full by the data subject, acknowledging their agreement and conditions of the data portability request; 3) the data requested was data given to AndesTransit by your consent or for the performance of a contract; 4) The data is not derived or inferred, but only the data you provided to us; 5) The data is personally connected to your identity, and not anonymous data; 6) The data does not include data about other persons besides you, unless those other persons also provide authenticated and signed agreement to the same request; 7) If the request for data is something AndesTransit considers manifestly unfounded or excessive, we have the right under GDPR regulations to request from the data subject a reasonable fee be paid to cover the administrative cost, or to refuse to deal with the request, providing you the data subject a justification of our decision. If you wish to dispute our decision to refuse your request, you can appeal it to your ICO or GDPR supervising authority.

Please note that EcuadorBus nor AndesTransit stores the data of your history of usage of our website or search activities in any personally identifiable way.

Our Legal Bases for Collecting and Processing Payment Data

Per Article 6 of GDPR, we rest on two legal bases for collecting and processing the data subject’s payment data.  The first is the explicit Consent you give us during checkout to proceed with checkout (or purchase) of your products, tickets, or services. Without this consent, you cannot complete your purchase.  The second basis is that your payment data is necessary for the performance of a contract, as manifested in a product, ticket, or service you purchase on AndesTransit.

Definition of personal data used for payment processing

The data subject’s personal data used for payment processing by the third-party data processor is limited to: the credit cardholder’s name, email address, unique customer identifier, order ID, bank account details, payment card details, card expiration date, CVC code, date/time/amount of transaction, merchant name/ID, and location. It is important to emphasize that the most sensitive data in this list is not held by the data controller (AndesTransit), but the data processor (Stripe/Paypal), and AndesTransit only holds the least sensitive parts of it.

Data Breach and Incident Response

In the unfortunate event we are made aware of a data breach, we will notify the data subject and the Supervising Authority for the data subject’s area within 72 hours.

Age of Consent

Same as stated in our general terms, that the age of consent is 16 years of age or older.  However, in the case of tickets, many bus companies do not allow passengers under the age of 18, so consent alone might not be sufficient to acquire a ticket.

Data Retention

By default, data subject personal data is kept on file by the data controller for 3.5 years, at which point it is deleted from our records.

Profiling Use

The only use of personal data for profiling is in our annual reports and business or investor reports, but is only expressed in generalities (e.g., percentage of visitors from Europe) and does not identify data subjects personally.

EcuadorBus nor AndesTransit uses machine-made profiling to make decisions about the data subject or to limit content to the data subject.

Ticket Polices