Hoop Solutions SL (hereinafter referred to as «Hoop») has developed a shared journey platform that can be accessed from the mobile application, which is designed to put drivers travelling to a given destination in contact with passengers travelling to the same or similar destination, so that they can share the journey and the costs associated with it (hereinafter referred to as the «App»).
These terms and conditions are intended to regulate the access and terms of use of the App. Please read these conditions carefully. You understand and acknowledge that Hoop is not a party to any contract, agreement or contractual relationship of any kind between the Users of your App.
By clicking on «Register with an email address», you acknowledge that you have read and accepted these general conditions of use.
In this document,
«Announcement» means an announcement related to a Path published by a Driver user in the App;
«Hoop» has the meaning ascribed to it in Article 1 above;
«CGU» means these General Terms and Conditions of Use;
«Account» means the account that must be created in order to become an User and be able to access certain services offered by the App;
«Driver» means the User who uses the App to share a Trip with another person in exchange for sharing the costs associated with the Trip, and to transport that person on a given Trip at the date and time on which the Driver has previously organized the Trip;
«Confirmation of reservation» has the meaning ascribed to it in Article 4.2.1 below;
«User-developed Content» has the meaning ascribed to it in Article 11.2 below;
«Management Expenses» has the meaning ascribed to it in Article 5.2 below;
«User» means any person who has created an Account in the App;
«Passenger» means the User who has agreed to share a Path with the Driver, or, if applicable, the person on whose behalf he has reserved a Seat for a User;
«Shared expenses» means, for a given Trip, the sum of money requested by the Driver and accepted by the Passenger for his contribution to the travel expenses;
«Plaza» means the seat reserved by a Passenger in the Driver’s vehicle;
«App» has the meaning ascribed to it in Article 1 above;
«Reservation» has the meaning ascribed to it in Article 4.2.1 below;
«Services» means all services offered by Hoop through the App;
«Website» means the website which can be accessed from the address www.hoopcarpool.com
«Tranche» has the meaning ascribed to it in Article 4.1 below;
«Route» means the route subject to an Announcement published by a Driver in the App by which the Driver agrees to share a Route with Passengers, Users of the App, in exchange for the sharing of the expenses associated with the Route;
The Platform may only be used by persons over 18 years of age. It is strictly forbidden for a minor to register on the platform. By accessing, using or registering on the Platform, you confirm and warrant that you are over 18 years of age.
The Platform allows Users to publish and view Ads and interact with each other to reserve a Seat. It is possible to view the Ads without being registered in the Platform. However, you will not be able to post an Ad or reserve a Seat without first creating an Account to become a User.
To create your Account you must fill in all the required fields on the registration form.
To register on the Platform you must have read and accepted these Terms and Conditions and the Privacy Policy.
By creating your Account, regardless of the method selected, you agree to provide true and accurate information, and to update such information by means of your profile or by sending a notification to Hoop, in order to ensure its relevance and accuracy for the entire duration of your contractual relationship with Hoop.
In the event that you register using an email, you agree to keep secret the password selected during the creation of your Account and not to communicate it to anyone else. If your password is lost or divulged, you must inform Hoop immediately. You are solely responsible for the use of your Account by third parties, unless you have expressly notified Hoop of the loss, fraudulent use by a third party, or disclosure of your password to a third party.
Remember not to create or use, under your own identity or under the identity of a third party, any Account in addition to the one initially created.
Hoop may, for purposes of transparency, accuracy improvement or fraud prevention or detection, establish a system to verify some of the information provided in your profile. These are basically those cases in which you enter your telephone number or provide us with an Identity Document.
You acknowledge and accept that any reference in the Platform or in the Services to «certified» information, or to any other similar term, only means that a User has successfully passed the verification procedure existing in the App or in the Services in order to provide him/her with more information about the User with whom he/she is thinking of sharing a Path. Hoop cannot guarantee the veracity, reliability or validity of the information subject to the verification procedure.
As a User, as long as you comply with the conditions established below, you can create and publish Announcements in the App by entering information about the Route you are going to follow (dates/hours/collection and arrival points, number of places offered, options available, amount of Shared Costs, etc.).
You will only be able to publish an Announcement if you comply with each and every one of the conditions indicated below:
III. you are and will remain the principal driver of the vehicle subject to the Advertisement;
You do not have any contraindication or medical incapacity to drive;
VII. you do not intend to publish another advertisement for the same route in the App with the same date and time;
VIII. you don’t offer more places than those available in your vehicle and those allowed in the App;
You acknowledge that you are solely responsible for the content of the Advertisement that you publish in the App. Therefore, you acknowledge and guarantee the truthfulness and accuracy of all the information included in your Advertisement, and you undertake to complete the Route under the conditions described in your Advertisement.
Your ad, as long as it complies with these CGU, will be published in the App and can therefore be seen by all Users who search the App or the website of the companies associated with Hoop. Hoop reserves the right, at its sole discretion and without prior notice, not to publish or delete, at any time, any Advertisement which does not comply with these CGU or which it considers may damage its image, the image of the App or the image of the Services.
You acknowledge and agree that the criteria used in the classification and the establishment of the order in which your Ad is displayed among the other Ads is Hoop’s sole discretion.
Hoop has established an online reservation system («Reserva») for some of the routes offered in the App.
When a Passenger is interested in an Announcement, they can make an online Reservation request. This Reservation request will be automatically accepted by the Driver. At the time of Reservation, the Passenger makes the online payment for the amount of Shared Costs and the related Management Expenses, if applicable. Upon receipt of payment by Hoop and after validation of the Reservation by the Driver, if applicable, the Passenger receives a Reservation Confirmation (the «Reservation Confirmation»).
In case of rejection or expiration of the Reservation request by the Driver, the Passenger receives a refund in the amount of the total amount paid at the time of the Reservation request.
At the time of Booking Confirmation, Hoop will provide you with the telephone number of the Driver (if you are the Passenger) or of the Passenger (if you are the Driver). From this moment on you are solely responsible for the fulfillment of the contract that binds you to the other User.
Any use of the Services, both as Passenger and Driver, is related to a specific name. The identity of the Driver and the Passenger must correspond to the identity communicated by them to Hoop and the other Users participating in the Route.
The App is designed to reserve seats for people. It is forbidden to reserve a Place to transport any object, package, animal travelling alone or any other material element.
It is also forbidden to publish an Advertisement for any other Driver than you.
Hoop encourages you to post your comments and/or ratings on a Driver (if you are a Passenger) or on a Passenger (if you are a Driver) with whom you have shared a Trip or with whom you are supposed to share a Trip. However, it is not allowed to leave any comment about another Passenger if you are a Passenger, nor about any other User with whom you have not travelled or with whom you did not plan to travel.
Your opinion, as well as the opinions that other Users have published about you, can only be seen and published in the App after the shortest of the following periods: (I) immediately after both of you have left a comment, or (II) after a period of 14 days after the first opinion.
You will be able to respond to a comment made in your profile by another User 14 days after the date of receipt of the comment. The comment and, if applicable, its response will be published in your profile.
You acknowledge and agree that Hoop reserves the right not to post or delete any comments, questions, opinions or responses thereto if Hoop believes that their content is in breach of these Terms of Use.
Hoop reserves the right to suspend your Account, limit your access to the Services, or terminate this Agreement if (I) you have received at least three negative ratings and (II) the average opinions you have received have a score of 3 or lower.
Access and registration in the App, as well as the search, display and publication of Announcements, do not imply any cost. However, the Reservation will be made after the corresponding payment of a fee, under the conditions described below.
Shared costs are determined by you, as the driver, under your sole responsibility. It is strictly forbidden to obtain any kind of benefit through the use of our App. Therefore, you agree to limit the Amount of shared costs requested from your Passengers to the actual costs of the journey you are going to share with the Passengers. Otherwise, you will assume the risks of reclassifying the transaction made through the App.
When you post an Announcement, Hoop will suggest a Amount of Shared Costs, which mainly takes into account the nature of the Journey and the distance travelled. This amount is only indicated as a guide and you can increase or decrease it taking into account the real costs of the journey. In order to avoid abusive use of the App, Hoop limits the possibility of adjusting the Shared Costs.
In the context of Booked Routes, Hoop may charge a Management Fee for the use of the App, such Fee (hereinafter referred to as «Management Fee») shall be charged at the time of booking and shall be calculated on the basis of the Shared Costs. Management fees include Hoop’s commission on each reserved seat for putting the Passenger and Driver in contact with each other as well as MangoPay’s commission, this being the selected payment platform.
Hoop charges Management Fees for each Seat subject to a Passenger Reservation.
You acknowledge and agree that Hoop may, at its sole discretion, round up or down the Management Fees and the Amount of shared costs.
Methods of payment and repayment of the Amount of shared costs to the Driver
Payment processing services for Drivers and Passengers at Hoop are provided by MangoPay and are subject to the MangoPay Terms of Service that you can find in this link; collectively, the «MangoPay Services Agreement. By accepting these terms or continuing to operate as a User on Hoop, you agree to abide by the obligations of the MangoPay Services Agreement, which may be modified by MangoPay from time to time. In order for Hoop to offer payment processing services through MangoPay, you agree to provide Hoop with complete and accurate information about you and your business, and you authorize Hoop to share such information and transaction data related to your use of the payment processing services provided by MangoPay.
By using the App as the Driver for Booked Rides, you grant Hoop an authorization to collect the amount of Shared Costs in your name and on your behalf.
Therefore, in the context of a Route, and after the automatic or manual acceptance of the Reserve, Hoop collects the total amount paid by the Passenger (Management Fees and Amount of shared costs), depositing in the account of the associated MangoPay Driver (5.4.1) the Amount of shared costs.
You acknowledge and agree that none of the above amounts received by Hoop on behalf of the Driver entitle you to interest. You undertake to respond with due diligence to any request from Hoop, and in general, to any competent administrative or judicial authority, especially in relation to the prevention of money laundering. You fundamentally agree to provide, upon request, any evidence of your address and/or identity that is useful.
In the event of failure to respond to such requests, Hoop may take such measures as it deems necessary, such as freezing the amounts paid and/or suspending your Account or terminating these General Terms of Business.
After the Journey, Passengers will have a period of 24 hours from the time the Journey has ended to submit a claim to Hoop about the Journey. In the absence of a Passenger complaint during this period, Hoop shall treat the Route as confirmed.
From the moment of this express or tacit confirmation, you, as Driver, will have a credit to be credited to your Account. This credit corresponds to the total amount paid by the Passenger at the time of confirming the Reservation after deducting the Management Fee, i.e. the Amount of shared costs paid by the Passenger.
When the Passenger confirms the Journey, you, as the Driver, have the option of providing instructions to Hoop to pay the money into your bank account (by entering your bank information in advance into your Account).
The payment order in your name will be sent the following business week at the latest after your application.
Once the applicable time limits have expired, any unclaimed amount will be considered Hoop’s own.
Proof of payment by Passengers or collection of shared costs by the Driver shall be sent to Users on request. The User must indicate the route in question for which he wants the voucher and must also specify whether he was a Passenger or Driver on that route, finally communicating whether he wants a ticket or an invoice, in the latter case, we will also need the relevant data for the completion of an invoice.
You agree to use the Services and the App only to contact, for non-commercial, non-business purposes, people who wish to share a Journey with you.
As a Driver, you agree not to request an Amount of shared costs that exceeds the actual costs of the journey and that may generate a profit for you, leaving it specified that, in the context of sharing a cost, you as a Driver must assume your own share of the costs incurred on the Journey. You are solely responsible for calculating the costs you incur during the journey and for ensuring that the amount requested from your Passengers does not exceed the actual costs of the journey (excluding your share of the costs).
Hoop reserves the right to suspend your Account if you use a rental vehicle with driver or other commercial vehicle, taxi or company vehicle in order to generate a profit through the App. Remember to provide Hoop, if requested, with a copy of your vehicle registration certificate and any other information showing that you are authorized to use the vehicle in question in the App and that you are not making any profit from using it.
Hoop also reserves the right to suspend your Account, limit your access to the Services or terminate these CGU in the event that your activity on the Platform, given the nature of the Routes offered, your frequency, the number of Passengers carried and the Amount of shared costs requested, leads you to a position in which you make a profit, or for any other reason that suggests to Hoop that you are making a profit through the Platform.
This cancellation policy will only apply to Trayectos with reservation.
Cancellation of a Seat on a Booked Trip by the Driver or Passenger once the reservation has been Confirmed will be subject to the following:
– In the event of cancellation by the Driver, the Passenger will be refunded the full amount paid (i.e. the Amount of shared costs and related Management Expenses). Basically this is the case where the Driver cancels the journey or does not arrive at the meeting point within 20 minutes after the agreed time;
– In case of cancellation by the Passenger:
I. If the Passenger cancels more than 24 hours before the scheduled departure time mentioned in the Announcement, the Passenger will only be refunded the Amount of shared costs. The Management Fee shall be retained by Hoop and the Driver shall not be entitled to receive any sum of any nature;
If the Passenger cancels the journey less than 24 hours before the departure time mentioned in the Notice and more than 30 minutes before the start of the Journey, the Passenger shall be entitled to a refund of half of the Amount of shared costs paid at the time of making the Reservation. The Management Fee will be retained by Hoop and the Driver will be paid 50% of the Shared Cost Amount;
If the Passenger cancels less than thirty minutes before the scheduled departure time in the Announcement, the Passenger will not be refunded the full Amount of shared costs. The Management Fee will be retained by Hoop and the Driver will receive the full amount of the total cost-share;
If the Passenger cancels after the scheduled departure time mentioned in the Announcement, or if he has not arrived at the meeting point within 15 minutes of the agreed time, he will not be entitled to any refund. The Driver will be compensated with the total cost of the Amount of shared costs and the Management Expenses will be kept by Hoop.
In the event that the cancellation occurs before the departure date and for reasons attributable to the Passenger, the Plaza or Plazas cancelled by the Passenger will automatically be available to other Passengers, who may reserve them online under the conditions of these CGU.
Hoop will evaluate, at its discretion and according to the available information, the legitimacy of the refund requests.
In accordance with the provisions of Article 103 a) of the General Law for the Defense of Consumers and Users, you shall not have the right of withdrawal from the time of delivery of the Reservation Confirmation, provided that the Contract between you and Hoop, consisting of contacting another User, has been executed in its entirety.
You acknowledge that you are solely responsible for respecting all laws, regulations and obligations applicable to the use of the App.
Furthermore, by using the App and during the Journeys, you agree to:
(I) not to use the App for professional, commercial or profit-making purposes;
(II) not send Hoop (especially when creating or updating your Account) or other App Users false, confusing, malicious or fraudulent information;
(III) not to speak, behave, or publish any content on the App that may be defamatory, libelous, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic in nature, with sexual connotations, incites violence, discrimination or hatred, or encourages activities or the use of illegal substances or in a more general manner that is contrary to the objectives of the App and that may infringe the rights of Hoop or a third party, or that may be contrary to morality;
(IV) not infringe on Hoop’s rights and not damage Hoop’s image, in particular with respect to its intellectual property rights;
(V) not to open more than one Account in the App and not to open an Account in the name of a third party;
(VI) not attempt to circumvent the App’s online reservation system, mainly by trying to send another User your contact information to make the reservation outside the App in order to avoid paying the Management Fees;
(VII) not to contact another User, by means of the App, for any purpose other than the definition of the conditions of the shared trip;
(VIII) not to accept or make payment outside the App;
(IX) comply with these TOU and the Privacy Policy.
When you use the App as a Driver, you commit to:
(I) respect all the laws, regulations and codes regarding driving and the vehicle, in particular to have a civil liability insurance in force at the time of making the Journey and to be in possession of a valid driving licence;
(II) check that your insurance policy covers shared journeys and that the Passengers with whom you share the journey are considered as third parties in your vehicle and are therefore covered by your insurance;
(III) not assume any risk while driving, nor take any product that may negatively affect your attention and your ability to drive safely and attentively;
(IV) publish Announcements that correspond only to routes already programmed;
(V) carry out the Route as described in the Announcement (especially with regard to whether or not to use the motorway) and to respect the times and places agreed with the other Users (especially the meeting point and the destination);
(VI) not carry more Passengers than the number of Seats indicated in the Advertisement;
(VII) use a vehicle in good condition and which complies with all legal regulations, in particular with the current ITV Certificate;
(VIII) to share with Hoop or with any Passenger who requests it your driving licence, your vehicle registration certificate, your insurance policy, the ITV certificate and any other document that demonstrates your ability to use the vehicle as a Driver in the App;
(IX) in case of delay or change in the time or in the Route itself, inform your Passengers without delay;
(X) in the case of a cross-border journey, maintain and make available to the Passenger and to any authority requesting it, a valid document showing your identity and your right to cross the border;
(XI) wait for Passengers at the agreed meeting point at least 30 minutes after the agreed time;
(XII) not publish any Advertisement relating to a vehicle which is not yours or for which you do not have permission to use it as a carpool;
(XIII) ensure that Passengers can contact you at the telephone number registered in your profile;
(XIV) not to generate any profit through the App;
(XV) have no contraindication or medical incapacity to drive;
(XVI) behave in an appropriate and responsible manner during the Journey, in accordance with the philosophy of shared travel.
When you use the App as a Passenger, you commit to:
(I) adopt appropriate behaviour during the journey so as not to interrupt the concentration or driving of the Driver or the peace and quiet of the other Passengers;
(II) respect the Driver’s vehicle and its cleanliness;
(III) in case of delay, inform the Driver without delay;
(IV) wait for the Driver at the agreed meeting point until at least 30 minutes after the agreed time;
(V) communicate to Hoop, or to any Driver who requests it, your identity document or any other document that proves your identity;
(VI) not to carry on a Trip any article, substance or animal which may distract the concentration and driving of the Driver, or the nature, possession or transport of which is illegal;
(VII) in the case of a transboundary journey, maintain and make available to the Driver and to any authority requesting it, a valid document showing your identity and your right to cross the border;
(VIII) ensure that Drivers can contact you at the telephone number registered in your profile, including at the meeting point.
In the event that you have made a Reservation for one or more Seats on behalf of third parties, in accordance with the provisions of the foregoing Article 4.2.3, you warrant that such third party will respect the conditions set out in that Article and, in general, these General Terms and Conditions. Hoop reserves the right to suspend your Account, limit your access to the Services or terminate these General Terms and Conditions in the event of a breach by the third party on whose behalf you have reserved the Seat in accordance with these General Terms and Conditions.
You can terminate your contractual relationship with Hoop, at any time, free of charge and without having to explain the reason. To do so, you must send us an email through the incident management section, and we will unsubscribe you.
In the event of (I) a breach by you of these General Terms and Conditions, including, but not limited to, a breach of your obligations as a User as set out in Articles 6 and 8 above, (II) exceeding the limit set out in Article 4.3.3 above, or (III) in the event that Hoop has any real reason to believe that it is necessary to protect its security and integrity, that of Users or third parties, or for the purposes of fraud prevention or investigations, Hoop reserves the right to:
(I) terminate the TOU that links you to Hoop immediately and without notice; and/or
(II) prevent the posting of, or remove any opinion, Announcement, message, content, Reservation request or any content that you have posted on the App; and/or
(III) limit your access to and use of the App; and/or
(IV) temporarily or permanently suspend your Account.
When such termination is necessary, you will be notified of this decision so that you can submit your explanations to Hoop. Hoop will decide, in its sole discretion, whether or not to lift the applicable termination.
In the context of your use of the Platform, Hoop will collect and process your personal information. By using the App and registering as a User, you acknowledge and agree to the processing of your personal data by Hoop in accordance with applicable law and as set out in the Privacy Policy.
Subject to the content provided by its Users, Hoop is the sole owner of all intellectual property rights relating to the Service, the App, its content (in particular texts, images, designs, logos, videos, sound, data and graphics) and the software and databases that ensure its operation.
Hoop grants you a personal, non-exclusive, non-transferable right to use the App and the Services, for your personal and private use, for non-commercial purposes and in accordance with the purpose of the App and the Services.
It is strictly prohibited to use or exploit the App and the Services, including their content, for any purpose other than that intended without Hoop’s prior written consent. In particular, the following is strictly prohibited:
(I) reproduce, modify, adapt, distribute, publicly perform and disseminate the App, the Services and all of their content, except with the express prior permission of Hoop;
(II) decompile and reverse engineer the App or the Services, except as otherwise provided in the applicable texts;
(III) extract or attempt to extract (specifically using data mining robots or similar data collection tools) a substantial portion of the data in the App.
For the purpose of enabling the provision of the Services, and in compliance with the purpose of the App, you grant Hoop a non-exclusive license to use the content and data you have provided in the context of your use of the Services (hereinafter referred to as «User Developed Content»). In order to enable Hoop to distribute via the digital network and in accordance with any communication protocol (in particular the Internet and mobile networks) and to be able to offer the content of the App to the public, you authorize Hoop to reproduce, represent, adapt and translate your User-developed Content for the entire world and for the duration of your contractual relationship with Hoop, in accordance with the following:
(I) you authorize Hoop to reproduce all or part of your Content developed by the User on any known or unknown digital recording medium, in particular on any server, hard drive, memory card or other equivalent medium, in any format and by any process, known or to be known, to the extent necessary for any storage, backup, transmission or download operation in connection with the operation of the App and the provision of the Service;
(II) you authorize Hoop to adapt and translate its Content developed by the User, and to reproduce such adaptations in any digital medium, known or to be known, set forth in paragraph (I) above, for the purpose of providing the Services in different languages. This right includes the option of making modifications to the format of your Content developed by the User, with respect to your moral right, in order to respect the graphic design of the App or to make your Content technically compatible with our software for subsequent publication through the App.
The App is an online networking platform on which Users can create and publish Route Announcements in order to share the same and the costs associated with the Route. These Announcements will be displayed by the other Users to check the conditions of the Path, and, where applicable, to reserve a Seat directly in the vehicle in question with the User who has published the Announcement in the App.
By using the App and accepting these CGU, you acknowledge that Hoop is not a party to any agreement between you and other Users for the purpose of sharing the costs associated with a Trip.
Hoop has no control over the behavior of its Users and App users. Hoop does not own, operate, supply or manage the vehicles included in the Ads, and does not offer Trails in the App.
You acknowledge and agree that Hoop does not control the validity, veracity or legality of the Ads, Places and Paths offered. In its capacity as intermediary, Hoop does not offer transport services or act as a carrier, Hoop’s role is limited to facilitating access to the App.
The Users (Drivers or Passengers) act under their sole and total responsibility.
In its capacity as intermediary, Hoop will not be held responsible for any incident that takes place during a Trip, in particular as it relates to:
(I) erroneous information communicated by the Driver in his Announcement, or by any other means, regarding the Route and its conditions;
(II) the cancellation or modification of a Route by a User;
(III) the behaviour of its Users during, before or after the Path.
Hoop will try as much as possible to maintain the constant operation of the App 7 days a week and 24 hours a day. However, access to the App may be temporarily suspended without notice for technical reasons, maintenance, migration or updating operations, or due to power outages or restrictions related to network operation.
In addition, Hoop reserves the right to modify or suspend in whole or in part access to the App or its functionalities, at its discretion, either temporarily or permanently.
These TOU and the documents incorporated by reference form the entire agreement between you and Hoop regarding the use of the Services. Any other documents mentioned in the App (FAQ, for example), are for indicative purposes only.
Hoop may modify these General Terms and Conditions in order to adapt them to its technological and commercial environment and to comply with the legislation in force. Any changes made to the CGU will be published in the App indicating the effective date, and you will receive notification of such change before the effective date.
These CGU have been written in Spanish, in accordance with Spanish legislation.
The App is edited and managed by HAMARISWARI., having its registered office at Calle del Lince 4, 28707 Ciudalcampo, Madrid, Spain.
For any question, you can contact HAMARISWARI. through the following email: info@hamariswari.com