TERMS OF SERVICE OF BRASIL BY BUS

BRASIL BY BUS VIAGENS LTDA. – EPP – (“BRASIL BY BUS”), limited liability company organized under the laws of Brazil, registered with CNPJ/MF under nº 15.448.440/0001-83, headquartered at Avenida Jacutinga, nº 457, cj.33, Moema neighborhood, CEP 04515-030, in the city of São Paulo, SP, establishes this TERMS OF SERVICE OF BRASIL BY BUS, hereinafter called “Terms of Service”, to the USER, which will be any person registered in the BRASIL BY BUS website (http://www.brasilbybus.com.br) according to the conditions described below.

The present Terms of Service aims to elucidate the rules and conditions that will guide the use of services offered by BRASIL BY BUS. By using the electronic platform BRASIL BY BUS to purchase bus tickets, the USER automatically adheres and agrees to submit, in part, to the conditions set forth herein.

  1. THE SERVICE

    1. BRASIL BY offers the USER a digital platform (http://www.brasilbybus.com.br) containing a research tool for bus tickets, as other travel-related services, and promotes mediation between the USER and road transport companies to purchase bus tickets.

    2. To buy bus tickets from the BRASIL BY BUS platform, the user must register in the company website, indicating the personal information and registration data indicated.

    3. The search tool will be used by the USER, registered or not, and for the purchase of ticket (s) the USER must fill in, among others, the following criteria:

      a) Origin city;

      b) Destination city;

      c) Departure date;

      d) Return date;

      e) Departure time;

      f) Return time;

      g) Number of passengers;

      h) Name of passenger(s);

      i) E-mail to receive the voucher;

      j) Passenger’s ID number(s);

      k) Valid phone number to purchase confirmation.

    4. After the search criteria are filled, the platform indicates the USER the tickets available for the selected date and time, discriminating the transport company and the price of the passages, among other information.

    5. The USER wishing to purchase a ticket should pay as set forth in item 2 below.

    6. The BrasilbyBus.com portal sells tickets up to 50 minutes before departure time. After this period, the portal blocks the online booking for these tickets.

    7. BRASIL BY BUS is not responsible for any loss or damages suffered by the USER due to failures from problems with the telecommunications services in the system or services used by the USER, nor for any viruses that may attack the USER's equipment due to accessing, using or browsing the Internet or as a result of data, files, images, text or audio transfers.

  2. PAYMENT

    1. The USER wishing to purchase a passage shall make the full payment of the value indicated by the BRASIL BY BUS platform online.

    2. Payment can be made by bank billet (for Brazilian citizens only), or credit card, without disadvantages to any other forms of payment indicated in the BRASIL BY BUS site.

  3. FEES AND TAXES

    1. The fees and taxes are BRASIL BY BUS's payment for the services offered in its electronic platform.

    2. The fees and taxes will include the value of the ticket indicated by BRASIL BY BUS on the platform and will not be refundable in case of cancellation, in accordance with item 4 below.

  4. CANCELLATION

    1. It is assured to the USER the requesting to transfer the date or departure time, or even the cancellation of the purchase, as long as the request is made directly to the bus company booth at the place of origin of the trip, at least three (3) hours before the scheduled time for boarding.

    2. The USER may also request the cancellation of the ticket purchase on BRASIL BY BUS portal (https://www.brasilbybus.com), in "My Account". If so desired, the USER may make the cancellation online at least 4 hours in advance of the boarding time. If there is limited access to the portal, the user must inform BRASIL BY BUS, at least 24 (twenty-four) hours in advance, the cancellation request via e-mail contato@brasilbybus.com. You can only make the cancellation of an entire application on Brasilbybus.com portal; the partial cancellation request must be made directly with the bus company responsible for the trip.

    3. In case of cancellation of the ticket after 24h from the order approval, the fees and taxes will not be refunded, whether the cancellation is made by the portal BRASIL BY BUS or directly with the bus company responsible for the bus route and ticket.

    4. In cases of deferred payment by credit card, the refund will be conducted in accordance with the transfer of the Administrator to Provider. Repayment of canceled tickets may take 30 to 60 days, from request day to BRASIL BY BUS, to be credited back to the user.

    5. The time transfer shall be conditioned to the tickets availability on the date and time chosen by the USER, being also assured to the USER the option for tickets with a open date and time for a maximum period of twelve (12) months, to be counted from the date of the original ticket, subject to price adjustment if not used within that time. For tickets that have expired 3 hours before the time of the trip cancellation term, the bus company responsible for the trip has the right to charge up to 20% of the passage as fine.

      Rescheduling of unused tickets must be made directly at the bus company booth. Online rescheduling is not possible in BRASIL BY BUS.

  5. LUGGAGE TRANSPORTATION

    1. Considering the content of Art. 70 and following of Decree No. 2,521 / 98, the ticket fare includes, as a franchise, the compulsory and free luggage transportation in the trunk and in the roof rack, observing the following maximum weight and size:

      a) Truck, thirty kilograms of total weight and maximum volume of three hundred cubic centimeters, limiting the larger dimension of any volume to one meter; and roof rack, total weight of five kilograms, with dimensions adjusted to the site, as long as the comfort, safety and hygiene of the passengers are not endangered;

      b) Exceeded the threshold provided, the passenger will pay up to half a percent of the price of the ticket corresponding to the conventional service, for each excess kilogram transported;

      c) The transportation of dangerous products, indicated in specific legislation, as well as those which, because of its form or nature compromise the safety of the vehicle, its passengers or other parts, is forbidden, in accordance with the Art.72 of Decree 2521/98.

  6. BUS TICKET

    1. For the comfort and peace of mind of the USER, it is advised to the passenger to present themselves to the bus company booth for ticket printing at leat 1 (one) hour prior to the scheduled departure time, carrying an original ID with photo.

    2. The passenger ticket is nominal and non-transferable.

  7. AMENDMENT OF THE TERMS OF SERVICE

    1. BRASIL BY BUS’ may alter, anytime, this Terms of Service, in order to improve and upgrade the services offered by the company.

    2. The eventual alterations made by BRASIL BY BUS will be available on the company website, and shall be notified to the USER through the contact information indicated in the registration act and also in the next ticket purchase made by the USER.

  8. DENIED BOARDING

    1. The passenger will have its boarding denied, or disembarkation determined, in accordance with Article 30 of Decree 2,521 / 98, when:

      a) Does not identify themselves when requested;

      b) Is in state of intoxication;

      c) Carries firearms without authorization from the relevant competent authority;

      d) Carries or wants to embark products considered dangerous by the specific legislation;

      e) Carries or wants to embark with domestic or wild animals, without proper packaging or violating laws or regulations;

      f) Wants to embark objects with dimensions and packaging incompatible with the roof rack;

      g) Compromises the safety, comfort or peace of other passengers;

      h) Makes use of sound apparatus, after having been warned by the vehicle crew;

      i) Demonstrates incontinence in behavior;

      j) Refuses to pay the fare; and

      k) Makes use of tobacco products inside the bus, at odds with the relevant legislation.

  9. RESPONSABILIZATION

    1. BRASIL BY BUS does not own or have any ownership interest in companies that sell their tickets through its platform.

    2. In face of the provisions of Clause 9.1 above, BRASIL BY BUS is not responsible for any defects arising out of the performance and delivery of services provided by the road transportation companies.

    3. In cases where the USER or any third party initiates any claim or legal action against any of the bus companies that use the BRAZIL BY BUS platform, each and every one of USERS involved in claims or actions disclaim all responsibility from BRASIL BY BUS and its directors, officers, employees, agents, workers and representatives in relation to any defect caused in the provision of such services from the transportation companies.

  10. DATA USAGE

    1. The registration data and the USER access information will only be used by BRASIL BY BUS to enhance the browsing experience, improving the provision of services to its customers, and to achieve the goals of its business.

    2. The registration data and user access information will not be provided to third parties, except in the case of supply of data by court order.

    3. The USER will answer for the accuracy of the data provided, otherwise will be subject to legal penalties.

    4. The USER undertakes to communicate to BRAZIL BY BUS immediately if he/she becomes aware of having unauthorized use of his/her account, or even account access by unauthorized third parties.

  11. FORUM

    1. The present Terms of Use are governed by the laws of the Federative Republic of Brazil and the international treaties and conventions to which Brazil is a signatory, being elected the Central Court of the District of São Paulo, São Paulo, with express waiver of any other, privileged it is or will be, to settle any doubt or pending litigation arising from this document.