1. Description

WAIIS IBERIA SOLUTIONS S.L. (hereinafter referred to as “WAIIS”) has developed a platform for comparing and offering sustainable transport operators, accessible through the website www.waiis.eco or the “WAIIS” mobile application available for IOS and Android devices (hereinafter referred to as the “Platform”), designed to provide the services offered through it from time to time, including, by way of illustration and without limitation, the following (hereinafter jointly referred to as the “Services”):

(i) a service for comparing the various sustainable transport options available to users on the basis of the public fares and public information published by each transport operator, the time required and the environmental impact of each transport option (hereinafter, the “Fare Comparison Service”);

(ii) a service for booking journeys with transport operators with which WAIIS may reach an agreement for booking the journeys offered by the transport operator through the Platform (the “Journey Booking Service”);

(iii) A service for booking journeys shared with other users with transport operators with which WAIIS may reach an agreement for booking the journeys offered by the transport operator through the Platform (the “Shared Journey Booking Service”).
These T&C are intended to govern access to and the terms of use of the Platform by its users, as well as the Services to be provided by WAIIS in connection therewith. Please read these terms and conditions carefully before registering on the Platform and, in any event, before using the Services.
By clicking “Sign up”, you acknowledge that you have read and accepted these general terms and conditions of use.

2. Definitions

For the purposes of these T&C, the following terms shall have the meanings set out below. Terms and expressions not defined in this article shall have the meanings assigned to them in the body of these T&C.

“WAIIS” has the meaning assigned to it in Condition 1 above.
“T&C” means these Terms and Conditions of Use of the Platform.
“Account” means the account that must be created to become a User and access the Services offered by the Platform.
“Authorised Transport Operator” refers to a company engaged in passenger transport, authorised by WAIIS to offer and accept journey bookings on the Platform.
“Platform” has the meaning assigned to it in Condition 1 above; “Price” refers to the retail price, including all relevant taxes, charges and costs, payable by a user through the Platform in connection with any of the Services.
“Services” means all services offered by WAIIS and/or the Authorised Transport Operators through the Platform.
“Website” means the website accessible at waiis.com.
“Journey” means travel between a point of origin and a destination, undertaken either through an Authorised Transport Operator with which WAIIS has entered into an agreement (operator journey), or on a carpooling basis between private individuals through the Shared Journey Booking Service (P2P shared journey). The rules applicable to each type are those described in articles 4.2 and 4.3 respectively.
“Shared Journey” refers to each journey on a carpooling basis between private individuals published, booked or confirmed through the Platform, including individual journeys generated or confirmed as a result of a Routine, regardless of whether it is a one-off or recurring journey.
“User” means any person who has created an Account on the Platform.

3. Registration on the Platform and creation of an Account

3.1. Conditions for registration on the Platform

The Platform may be used by persons aged 16 or over. Registration on the Platform by persons below that age is strictly prohibited. By accessing, using or registering on the Platform, you confirm and warrant that you are aged 16 or over. If you are a minor, you declare that you have the consent of those who exercise parental responsibility or guardianship over you to register on and use the Platform in accordance with these T&C. Certain Services require users to be of legal age and will only be available to persons over 18 years of age; in particular, use of the Platform as a Driver in the Shared Journey Booking Service and withdrawal of funds.

3.2. Creation of an Account

To create your Account, you must complete all fields marked as mandatory on the registration form at the relevant time, comprising, at a minimum, your first name and surname, telephone number and email address, and select a password that meets the minimum security requirements established by WAIIS from time to time.

To register on the Platform, you must have read and accepted these T&C and the Privacy Policy.
When creating your Account, regardless of the method selected, you undertake to provide truthful and accurate information and to update that information through your profile or by notifying WAIIS, in order to ensure that your data remains accurate throughout your contractual relationship with WAIIS (i.e. for as long as you have an active User Account on the Platform).

Once registered on the Platform, you access it using the personal password selected when creating your Account. By creating your Account, you undertake to keep your chosen password confidential and not to disclose it to any other person. If your password is lost or disclosed, or you suspect misappropriation by a third party, you must change your password through the section provided for that purpose on the Platform and/or notify WAIIS immediately. You are solely responsible for the use of your Account by third parties, unless you have expressly notified WAIIS 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 that of a third party, any Account in addition to the one initially created.

3.3. Verification

Before undertaking any journey through the Platform, completion of the identity verification process is mandatory. This process consists of proving your identity by means of an official document (DNI, passport or equivalent document) and biometric verification thereof, carried out by Tecalis Technologies S.L. as an authorised identity verification service provider.

Until verification has been completed and validated, the User may not book or undertake journeys through the Platform, regardless of whether they have completed registration of their Account. WAIIS reserves the right to suspend or limit access to the Services if verification is not successfully completed or any irregularity is detected in the documents provided.

4. Use of the Services

4.1 Fare Comparison Service

The Fare Comparison Service, providing estimates of fares, time and environmental impact, is for information purposes only (it does not allow any journey to be booked through the platform), is available to any user of the Platform, is free of charge and is based on estimates: fare estimates are based on the public fares and public information published by each transport operator, while estimates of time and environmental impact are based on public information and the state of the art at the relevant time. In this regard, except for those operators for which WAIIS offers the Journey Booking Service through the Platform as a result of having reached an agreement with that operator, WAIIS has no relationship or commercial or other agreement of any kind with the operators. Accordingly, although WAIIS undertakes to use its best efforts to ensure that the estimates provided, particularly those relating to price, are as accurate as possible, it provides no guarantee as to their truthfulness or accuracy. The User therefore acknowledges that there may be differences between the price estimated by WAIIS for that operator and the final price that the operator may offer on its own platform, due to the operator applying discounts, surcharges or supplements on certain days, at certain times or for certain events that are not indicated in its public fares. If you are a transport operator and consider that our estimates are incorrect, please inform us of any inaccuracy you may have identified or any comments you may have by contacting us at contact@waiis.eco.

4.2 Journey Booking Service

The journey booking service is only available with those authorised transport operators with which we have reached a collaboration agreement allowing them to offer and accept Journey Bookings through the Platform, and for the cities and territories indicated on the Platform at the relevant time. You can consult the cities and territories in which the Journey Booking Service is available through the Platform at any given time via the following link by clicking here.

To make a Booking, the User must have entered a payment method with which to pay for it, from among the payment methods accepted on the Platform at the relevant time. You can consult the payment methods accepted at any given time via the following link by clicking here.

In addition, if you wish to make a Journey Booking and the authorised transport operator requires it to enable the booking (as is commonly the case when booking a vehicle to drive), you must first upload a copy of your driving licence or equivalent document to the Platform. You can consult the additional requirements of each authorised transport operator for which the journey booking service is offered through the Platform via the following link by clicking here.

The Platform is intended for booking journeys for people. Unless the authorised transport operator permits it, making a booking to transport any object, parcel, animal travelling alone or any other material item is prohibited.

Making a journey booking for any person other than the User is strictly prohibited.

4.3 Shared Journey Booking Service

This service allows the User to publish or book journeys on a carpooling basis between private individuals. To use this service, the User must meet the following conditions at all times:

(i) If you act as a Driver: hold a valid driving licence in force; own the vehicle or have the owner’s express authorisation to use it; have motor third-party liability insurance covering passenger transport; ensure that the vehicle meets the statutory technical requirements (with a valid ITV inspection where applicable); not have consumed alcohol, drugs or any substance that affects driving ability; respect the vehicle’s maximum legal seating capacity; not use the service for profit, limiting yourself to sharing the costs of the journey among the occupants.

(ii) If you act as a Passenger: follow the Driver’s instructions regarding conduct in the vehicle; respect the vehicle and do not damage it; present your identity document if requested by the Driver or WAIIS; do not transport items or substances whose possession or transport is illegal.

The detailed rules for use of the carpooling service are available on the Platform and form an integral part of these T&C. In the event of any conflict between those rules and these T&C, the latter shall prevail.

The Platform is intended for booking journeys for people. Unless the transport operator permits it, making a booking to transport any object, parcel, animal travelling alone or any other material item is prohibited. Making a journey booking for any person other than the User is strictly prohibited.

4.4 Routine Service

The Platform allows the User to set up recurring journey routines (“Routines”), through which a journey booking is automatically scheduled on a weekly basis or on the working days selected by the User. By activating a Routine, the User authorises WAIIS to manage and confirm the corresponding bookings automatically in accordance with the configured parameters, and to charge the amount of each journey to the payment method linked to their Account when each booking is confirmed.

The User may modify or cancel a Routine at any time through their profile on the Platform. However, cancellation of a Routine with assignments already confirmed for the next journey will be subject to the cancellation conditions established in article 7 of these T&C.

Cancellation of a Routine less than 24 hours before a journey that has already been assigned may adversely affect the User’s commitment level on the Platform, with the consequences described in article 10 of these T&C.

WAIIS reserves the right to cancel or suspend a Routine when collection of payment for the journey cannot be confirmed for a reason attributable to the User, under the terms described in article 9.

5. Reviews

WAIIS encourages you to publish your comments and/or ratings concerning authorised transport operators, their drivers or other users (if you have shared a journey under the Shared Journey Booking Service). However, you may not leave any comment about an authorised transport operator, driver or other user with whom you have not travelled or with whom you did not intend to travel.

If you do not submit a rating within 14 calendar days after completion of the journey, WAIIS may automatically assign a neutral rating. If the journey did not take place for a reason attributable to the driver or operator (failure to appear or late cancellation), WAIIS may automatically record an incident on their profile.

Ratings received influence the User’s commitment level on the Platform and, consequently, their position in the assignment algorithm as described in article 10. If a User accumulates negative ratings below the minimum threshold established by WAIIS, WAIIS may suspend their Account temporarily or permanently.

The User being rated has the right to respond publicly to any rating received through the mechanisms provided on the Platform.

In any event, you undertake not to infringe or violate third-party rights when submitting such reviews. You acknowledge and accept that WAIIS reserves the right not to publish, or to remove, any comment, question, opinion or response thereto if it considers that its content breaches these T&C or the legislation applicable at the relevant time.

6. Price and payment

Registration on and access to the Platform, as well as access to the Fare Comparison Service, are free of charge. The Shared Journey Booking Service and Routines may be subject to payment of a price for each seat booked.

Under the normal-price option, the amount consists of: (i) the Driver’s Retail Price (PVP), (ii) WAIIS’s Management Fee and the VAT applicable to that fee and, where applicable, (iii) the CAE Bonus. The final price payable by the Passenger will be the sum of the Driver’s Retail Price (PVP) and the Management Fee with applicable VAT, less the corresponding CAE Bonus. Before the booking is confirmed, the Platform will display the breakdown and the applicable final amount.

The Driver’s Retail Price (PVP) will be calculated as follows:

Up to 200 km: 0,15 EUR per kilometre, with a minimum of 2,00 EUR per seat. The minimum amount will apply up to and including 13 km; from 14 km, the amount resulting from multiplying the distance by 0,15 EUR will apply.
From 201 to 400 km: 30,00 EUR plus 0,08 EUR for each kilometre between km 201 and 400.
From 401 to 600 km: 46,00 EUR plus 0,07 EUR for each kilometre between km 401 and 600.
From 601 km onwards: 60,00 EUR plus 0,06 EUR for each kilometre from km 601 onwards.

Each of the above rules will apply exclusively to the kilometres falling within its band. Kilometres already included in an earlier band will not be recalculated or charged again.

The Management Fee will be 5 % of the Driver’s Retail Price (PVP) for Routines and 10 % for One-off Journeys, plus applicable VAT. The Driver will receive the Driver’s Retail Price (PVP) in full once it has been confirmed that the Shared Journey has taken place, without that amount being reduced by the CAE Bonus.

The Zero Cost (0) option constitutes an invitation from the Driver to the Passenger to undertake a Shared Journey without paying any price. By selecting this option, the Driver accepts that the Passenger will not pay the Driver’s Retail Price (PVP), the Management Fee, VAT or any other amount associated with the journey.

The Zero Cost (0) option will only be available for Shared Journeys of up to 200 km. If the journey is completed and passes the applicable checks, the Driver may receive an estimated settlement calculated as the Zero Cost (0) CAE Bonus of 0,045 EUR per kilometre less the Management Fee and VAT that would have applied to the Driver’s Retail Price (PVP) for the same journey under the normal-price option. The Management Fee and VAT for the Zero Cost (0) option will be borne exclusively by the Driver and deducted from that estimated settlement; under no circumstances will they be passed on to the Passenger. The settlement will never be negative; if the result is below zero, it will be 0,00 EUR.

The settlement amount displayed to the Driver before booking or publishing the journey will be an estimate only. Its definitive amount will depend on the actual distance, completion of the Shared Journey and successful completion of the applicable checks, verifications and validations. The Zero Cost (0) option will not be available for journeys of more than 200 km.

Calculations will be based on the actual distance of the journey, without intermediate rounding. The final amount to be charged to the Passenger or settled with the Driver will be rounded to two decimal places in euros at the end of the calculation.

Where applicable, the CAE Bonus will be 0,07 EUR per kilometre under the normal-price option and 0,045 EUR per kilometre under the Zero Cost (0) option, for journeys of up to 200 km, in accordance with article 14 of these T&C. The price displayed to the User before confirming the booking will always reflect the applicable final amount.

Withdrawal of funds will require a minimum amount of 10,00 EUR per request. WAIIS may modify this minimum amount by providing prior notice on the Platform.

7. Cancellation of bookings and right of withdrawal

The User may cancel a booking free of charge for as long as it has not been accepted by the authorised transport operator and booking confirmation has been received. Once booking confirmation has been received, the following cancellation conditions will apply:

Cancellation more than 24 hours before the departure time: refund of 100% of the amount paid.
Cancellation between 24 hours and 30 minutes before the departure time: refund of 50% of the amount paid.
Cancellation less than 30 minutes before departure or failure to appear at the meeting point: no refund. The full booking amount will be retained.

For shared journeys (P2P carpooling), the above time limits and percentages will also apply with reference to the departure time agreed in the booking.

In accordance with articles 93 k) and 103 a) of the General Law for the Protection of Consumers and Users, the user will have no right of withdrawal from the time of Booking Confirmation. In particular, passenger transport contracts that provide for a specific date or period of performance are excluded from the right of withdrawal.

For their part, both WAIIS and the authorised transport operator may cancel the booking in the event of a manifest and unequivocal pricing error, provided that the User could reasonably have recognised that price as incorrect at the time of booking. In such a case, the amount paid will be refunded in full.

8. Conduct of persons visiting the Platform and Users

8.1. Undertaking by users visiting the Platform

You undertake to comply with the legislation in force at the relevant time and not to breach it.

8.2. Conduct of users who have booked a service through the Platform

In addition, when using the Platform and while receiving the Services, you undertake to:

(i) not use the Platform for professional or commercial purposes or for profit;
(ii) not provide WAIIS (particularly when creating or updating your Account) with false, misleading, malicious or fraudulent information;
(iii) not publish any content on the Platform that may be defamatory, insulting, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic in nature, that has sexual connotations, incites violence, discrimination or hatred, or promotes illegal activities or the use of illegal substances, or, more generally, that is contrary to the purposes of the Platform and may infringe the rights of WAIIS or a third party, or may be contrary to public morality;
(iv) not infringe the rights of WAIIS or damage its image, particularly with regard to its intellectual property rights;
(v) not open more than one Account on the Platform and not open an Account on behalf of a third party;
(vi) not contact another User through the Platform for any purpose other than making use of the shared journey booking service;
(vii) not accept or make payment outside the Platform;
(viii) comply with these T&C

When using the journey or shared journey booking service contracted through the Platform as a passenger, you undertake to:

(i) behave appropriately during the journey so as not to interfere with the Driver’s concentration or driving, or the peace and quiet of the other passengers in the case of shared journeys;
(ii) respect the Driver’s vehicle and its cleanliness;
(iii) inform the Driver without delay if you are late;
(iv) wait for the Driver at the agreed meeting point;
(v) provide WAIIS, or any driver who requests it, with your identity document or any other document proving your identity;
(vi) not transport, during any journey booked through the Platform, any item, substance or animal that may interfere with the Driver’s concentration and driving, or whose nature, possession or transport is illegal;
(vii) ensure that the drivers of the authorised transport operator with which you have booked a journey through the Platform can contact you on the telephone number registered in your profile.

8.3. Specific obligations of the Driver in the shared journey service

If you use the Platform as a Driver in the P2P carpooling service, you undertake to:

(i) hold at all times a valid driving licence appropriate to the vehicle used;
(ii) ensure that your vehicle has third-party liability insurance in force covering passenger transport;
(iii) maintain the vehicle in compliance with statutory technical requirements, with a valid ITV inspection where applicable;
(iv) not drive under the influence of alcohol, drugs or any substance that affects your faculties;
(v) respect the vehicle’s maximum legal capacity;
(vi) not use the Service for commercial purposes or for profit;
(vii) appear at the agreed meeting point at the indicated time;
(viii) not request any payment from the Passenger outside the Platform or any amount exceeding the corresponding share of the journey costs.

Failure to comply with any of these obligations may result in temporary or permanent suspension of your Account, without prejudice to any legal action that may be appropriate.

9. Suspension of accounts, restriction of access and termination

You may terminate your contractual relationship with WAIIS at any time, free of charge and without having to explain your reason. To do so, simply go to the “delete account” tab on your Profile page. In the event of (i) your breach of these T&C, including, without limitation, failure to comply with the rules of conduct established in section 8 above, or (ii) WAIIS having any genuine reason to believe that it is necessary to protect its safety and integrity, that of Users or third parties, or for fraud prevention or investigation purposes, WAIIS reserves the right to temporarily suspend your user account on the Platform and limit your access to the Platform. In the event of a serious and/or repeated breach, that suspension may be permanent.

If WAIIS cannot process payment for a journey or Routine for a reason attributable to the User (expired card, insufficient funds, revocation of the payment method or other similar reasons), WAIIS will notify the User of the incident through the contact channels registered in their Account. If the User does not settle the outstanding balance within 7 calendar daysfrom notification, WAIIS may restrict access to certain Platform features, including the creation of new Routines and acceptance of new journey assignments. Journeys already scheduled within active Routines may also be cancelled if the outstanding balance is not settled before the date of each journey.

Once the User settles the outstanding balance, the restrictions will be lifted automatically and the Account will regain access to all available features. WAIIS will inform the User of reactivation through the registered contact channels.

10. Commitment level and assignment system

The Platform incorporates a scoring system called “commitment level”, which reflects the User’s record of conduct on the Platform: completion of journeys, cancellations, punctuality, ratings received and other reliability indicators.

The commitment level is public and visible on the User’s profile. It directly influences the journey assignment algorithm: users with a higher commitment level have priority for assignments available on the Platform.

Actions that adversely affect the commitment level include, among others: cancellation of a Routine with confirmed active assignments less than 24 hours in advance, failure to appear for a journey without prior cancellation, and accumulation of negative ratings below the threshold defined by WAIIS.

The User may consult their commitment level at any time through their profile. If they consider that their commitment level does not accurately reflect their record, they may request a review through the complaints procedure described in article 11 of these T&C.

11. Complaints and challenges to decisions

If WAIIS takes a decision affecting your Account or access to the Services (suspension, restriction, removal of content or any other moderation measure), we will notify you of that decision and explain the reasons for it.

You have the right to challenge that decision within 30 calendar days of notification, by writing to contact@waiis.com with the subject “Challenge to decision. WAIIS will review your request and communicate its reasoned decision to you within a maximum of 15 working days of receipt of the challenge.

The alternative dispute resolution (RAL) bodies authorised in Spain under Law 7/2017, of 2 November, or the out-of-court dispute settlement bodies certified under article 21 of the Digital Services Act (EU 2022/2065), an up-to-date list of which is available at https://digital-strategy.ec.europa.eu/es/policies/dsa-out-court-dispute-settlement.

The foregoing is without prejudice to your right to apply to the competent courts in accordance with article 18 of these T&C.

12. Personal data

For further information about the processing of your personal data, legal bases, retention periods and the rights you may exercise, please consult our Privacy Policy, available on the Platform.

13. Intellectual property

13.1. Content published by WAIIS

Subject to the content provided by its Users, WAIIS is the sole owner of all intellectual property rights relating to the Service, the Platform, its content (in particular, texts, images, designs, logos, videos, sound, data and graphics), and the software and databases that ensure its operation.
WAIIS grants you a personal, non-exclusive and non-transferable right to use the Platform and receive the Services for your personal and private use, for a non-commercial purpose and in accordance with the purpose of the Platform and the Services.
Using or exploiting the Platform and the Services, including their content, for any purpose other than that intended without WAIIS’s prior written consent is strictly prohibited. In particular, the following is strictly prohibited:

(i) reproducing, modifying, adapting, distributing, publicly displaying and disseminating the Platform, the Services and all their content, except with WAIIS’s prior express authorisation;
(ii) decompiling and reverse-engineering the Platform or the Services, except for the exceptions stipulated in the applicable legislation;
(iii) extracting or attempting to extract (in particular, using data-scraping robots or similar data collection tools) a substantial part of the Platform’s data.

13.2. Content published by the User on the Platform

To enable provision of the Services, and in accordance with the purpose of the Platform, you grant WAIIS a non-exclusive licence to use the content and data you have provided in the context of using the Services (hereinafter referred to as “User-Generated Content”). To allow WAIIS to distribute your User-Generated Content over digital networks in accordance with any communication protocol (in particular, the Internet and mobile networks), and to make the Platform’s content available to the public, you authorise WAIIS to reproduce, display, adapt and translate your User-Generated Content worldwide and for the entire duration of your contractual relationship with WAIIS, in accordance with the following:

(i) you authorise WAIIS to reproduce all or part of your User-Generated Content on any digital recording medium, whether currently known or developed in the future, in particular on any server, hard drive, memory card or other equivalent medium, in any format and by any process, whether currently known or developed in the future, to the extent necessary for any storage, backup, transmission or download operation relating to the operation of the Platform and provision of the Service;
(ii) you authorise WAIIS to adapt and translate your User-Generated Content and to reproduce those adaptations on any digital medium, whether currently known or developed in the future, specified in point (i) above, in order to provide the Services in different languages. This right includes the option to modify the format of your User-Generated Content, with due respect for your moral rights, in order to comply with the Platform’s graphic design or to make your Content technically compatible with our software for subsequent publication through the Platform.

14. ENERGY SAVINGS CERTIFICATE INCENTIVE (SPAIN ONLY)

14.1 Description of the incentive

Within the framework of the legislation on energy savings certificates (CAE), WAIIS and Leyton Iberia S.L. (a limited liability company with its registered office in Sant Cugat del Vallès (Barcelona) Plaza Xavier Cugat 2 – Parque empresarial Sant Cugat Nord, building D (4a floor)), Spain, registered under number B66286188) allow you, at your discretion, to obtain an incentive arising from the energy savings generated by carpooling using the Platform as a Driver and/or Passenger under the conditions established by Royal Decree 36/2023 of 24 January 2023 establishing an energy savings certificate system in Spain, partially implemented by Order TED/815/2023 of 18 July 2023, Order TED/845/2023 of 18 July 2023, the Resolution of 3 July 2024 of the Directorate-General for Energy Planning and Coordination updating Annex I to Order TED/845/2023, of 18 July, approving the catalogue of standardised energy efficiency measures, and Factsheets TRA030 and TRA040 in accordance with additional verification criteria provided by the Ministry for the Ecological Transition and the Demographic Challenge, applicable to journeys undertaken through the Platform between 26 January 2023 and 18 July 2024 inclusive and subject to the conditions described below.

If you meet the conditions of the offer (see article 14.2 below), and subject to validation of your application file by the Ministry for the Ecological Transition and the Demographic Challenge, you may receive an incentive subject to conditions.

The details and value of the incentive will be communicated once the mandatory verifications mentioned in clause 14.3 have been carried out. Communication of this information does not guarantee payment of the incentive, which will be subject to validation of energy savings in accordance with clause 14.3.

WAIIS may modify, suspend or terminate the incentive offer at any time with prior notice. You understand and accept that the existence and validity of the regulations governing the CAE System are an essential condition for the issuance and/or payment of the incentive by WAIIS. You acknowledge and accept that, in the event of the annulment, invalidation or total or partial cessation of the regulations governing the CAE System, the incentive offer will automatically expire and you will not be entitled to any incentive or any payment from WAIIS.

In addition, WAIIS reserves the right to specify additional conditions for the use of incentives on the Platform. WAIIS reserves the right to cancel or set an expiry date for any credit issued in the following cases:

The credit is not being used strictly in accordance with the conditions of use;
WAIIS suspects fraudulent or improper use of the credit.

14.2 Eligibility for the incentive offer

You may only benefit from this incentive offer as a Driver and/or Passenger, provided that you meet all the following conditions:

(i) you are registered on the website www.waiis.eco and have an active account on the Platform;
(ii) you registered your first name and surname in your account (pseudonyms, random strings of letters, the use of numbers or other similar entries are not accepted) on or before 18 July 2024;
(iii) you entered and verified your email address and mobile telephone number on or before 18 July 2024;
(iv) you undertook at least one journey in Spain and between two cities in Spain between 26 January 2023 and 18 July 2024 inclusive

(a) as a Driver with at least one Passenger who paid the Shared Costs through the Platform, and/or
(b) as a Passenger and you paid the Shared Costs to the Driver through the Platform;
(v) If you are a Driver, you registered your bank details in your Platform account and received payment of the Shared Costs for the aforementioned journey in your bank account;
(vi) you received a communication directly from WAIIS informing you about CAE and the possibility of benefiting from an incentive in exchange for transferring ownership of the energy savings you generated through use of the Platform, and you have not requested to opt out of this incentive or objected to the associated processing of personal data as described in our Privacy Policy;
(vii) you have not benefited from an equivalent incentive for the same journey offered by another carpooling platform.

14.3 Verification of compliance with the conditions of the incentive offer and validation of your energy-saving action by the authorities

If you are a driver and/or passenger, you agree to respond promptly to any request from WAIIS when compliance with this condition is verified. In the absence of a satisfactory response to these requests, WAIIS reserves the right not to provide or pay the incentive.

In addition, the regulations governing the CAE System require mandatory verifications and validations of energy savings by the entities responsible for checks, such as the National Coordinator or energy savings verifiers. These verifications and validations are a condition for the incentive to become definitive.

Advance and final settlement. So that the User does not have to wait until that process is complete, WAIIS advances the incentive before final validation by the National Coordinator:
(i) under the normal-price option, by applying the CAE Bonus as a discount on the price paid by the Passenger; and
(ii) under the Zero Cost (0) option, by crediting the estimated settlement to the Driver’s balance once the Shared Journey has been completed and has passed the Platform’s verifications.

These amounts constitute an advance on the incentive, subject to the verifications and validations described. Final settlement takes place when the National Coordinator validates the corresponding energy savings. If the energy savings are not validated, or the advance was granted as a result of fraud, manifest error, duplication or inaccurate data, WAIIS may adjust the amount advanced in accordance with section 14.4.3.

14.4 Amount, application and estimated settlement of the CAE Bonus

The CAE Bonus is the amount derived from energy savings certificates (CAE) that is applied to each eligible Shared Journey. Its amount depends on the option:

Normal-price option (PVP): 0,07 EUR per kilometre for the first 200 km, equivalent to 117,71 EUR per MWh of energy savings. It is deducted from the price paid by the Passenger and does not reduce the Driver’s Retail Price (PVP).
Zero Cost (0) option: 0,045 EUR per kilometre, only for journeys of up to 200 km, equivalent to 75,67 EUR per MWh of energy savings. The Management Fee and VAT are deducted from this amount to calculate the settlement payable to the Driver.

The energy savings equivalent is calculated on the basis of savings of approximately 1 kWh for every 1,68 km of Shared Journey.

Option	Up to 200 km	More than 200 km
Normal price · Routine	0,07 EUR/km	Fixed 14,00 EUR per journey and seat
Normal price · One-off Journey	0,07 EUR/km	14,00 EUR corresponding to the first 200 km, plus: · from km 201 to 400: 0,04 EUR per km · from km 401 to 600: 0,035 EUR per km · from km 601 onwards: 0,03 EUR per km
Zero Cost (0)	0,045 EUR/km	Not available

The details of each option are governed by sections 14.4.1 and 14.4.2.

The CAE Bonus applicable to each eligible Shared Journey will be calculated in accordance with the rules set out in this section, without prejudice to the verifications, checks and validations indicated in the preceding sections.

The applicable CAE Bonus and, where relevant, the estimated settlement payable to the Driver will be displayed on the Platform before the booking is confirmed. The definitive amount will depend on the actual distance of the journey, whether it actually takes place, and successful completion of the applicable checks, verifications and validations.

14.4.1 CAE Bonus for normal-price Shared Journeys

For normal-price Shared Journeys, the CAE Bonus reduces the final price paid by the Passenger and does not reduce the Driver’s Retail Price (PVP).

The CAE Bonus will be 0,07 EUR per kilometre for journeys of up to 200 km, for both Routines and One-off Journeys.

For journeys of more than 200 km, the CAE Bonus will be calculated according to the option:

Routines: the CAE Bonus will be 14,00 EUR per Shared Journey and per seat, regardless of the distance exceeding 200 km.

One-off Journeys:

between km 201 and 400: 0,04 EUR for each kilometre in that band will be added to the 14,00 EUR corresponding to the first 200 km;
between km 401 and 600: 0,035 EUR for each kilometre in that band will be added to the amount already calculated up to km 400;
from km 601 onwards: 0,03 EUR for each kilometre in that band will be added to the amount already calculated up to km 600.

Each additional amount will apply exclusively to the kilometres within the indicated band, without reapplying the calculation to kilometres already included in an earlier band.

14.4.2 Zero Cost (0) CAE Bonus and settlement payable to the Driver

The Zero Cost (0) option may only be selected for Shared Journeys of up to 200 km. Under this option, the Passenger will not pay any amount, as the journey is an invitation from the Driver.

For the purpose of calculating the estimated settlement payable to the Driver, the Zero Cost (0) CAE Bonus will be 0,045 EUR per kilometre. The estimated settlement will be obtained by deducting from that Zero Cost (0) CAE Bonus the Management Fee and VAT that would have applied to the Driver’s Retail Price (PVP) for the same journey under the normal-price option.

The Management Fee and VAT for the Zero Cost (0) option will be borne exclusively by the Driver and deducted from the estimated settlement. Under no circumstances will they be passed on to the Passenger. The settlement payable to the Driver will be subject to a minimum of 0,00 EUR and will only be made when the Shared Journey has been completed and has passed the applicable checks, verifications and validations.

There will be no Zero Cost (0) CAE Bonus or settlement payable to the Driver for journeys of more than 200 km.

14.4.3 Conditions for application, review and modification

The CAE Bonus and any associated settlement may be denied, cancelled, reversed or offset where fraud, manifest error, duplication, inaccurate data, breach of these T&C, a journey that did not take place, or invalidation of the application file by a competent authority or authorised third party is detected.

Where appropriate and where the User has authorised the relevant payment method, WAIIS may charge the User or seek recovery from the User of amounts improperly paid, discounted or settled as a result of fraud, manifest error, duplication, inaccurate data, breach of these T&C or invalidation of the application file.

WAIIS may update the above amounts and calculation rules due to regulatory changes, verification or validation criteria, or operational reasons. Any change will be notified in advance on the Platform and will not affect bookings already confirmed, except to correct a manifest error or where the modification is necessary to comply with applicable legislation.

14.4.4 Daily limit on the CAE Bonus

The CAE Bonus, including the Zero Cost (0) CAE Bonus, will apply to a maximum of 4 Shared Journeys per User per calendar day, regardless of whether the User participates in them as a Driver or Passenger. From the fifth Shared Journey undertaken by the same User on the same day onwards, that journey will not generate a CAE Bonus for that User. Consequently, under the normal-price option the Passenger will pay the price without a CAE Bonus, and under the Zero Cost (0) option no settlement will be generated for the Driver for that journey.

14.4.5 Incompatibility with other applications that issue CAE

A single Shared Journey may only give rise to one energy savings certificate. To prevent the same journey from being certified twice, the Platform will check whether other applications that issue or process energy savings certificates (CAE) or equivalent incentives are installed on the User’s device.

If any are detected, WAIIS will notify the User through the Platform. If, following that notice, the application remains installed, the CAE Bonus will be paused for Shared Journeys undertaken by the User while it remains installed. This includes the Zero Cost (0) CAE Bonus and the associated settlement. The pause will begin once any journeys granted by WAIIS as a courtesy have been used up, where applicable.

The pause does not affect the other Services. The User may continue publishing, booking and undertaking journeys, Routines and assignments as normal, and their journeys will continue to be recorded on the Platform. Nor does it affect any amounts or balances the User holds on other platforms, in which WAIIS has no involvement.

The CAE Bonus will be reactivated when the User uninstalls those applications and the Platform verifies this. Verification may be carried out at the User’s request, using the «Verify device» option, or automatically on the next Shared Journey. Reactivation will only apply to subsequent journeys and will not confer entitlement to a CAE Bonus for journeys undertaken during the pause.

All of the foregoing is without prejudice to sections 14.2 (vii) and 14.4.3 in cases of duplication.

15. Role of WAIIS

The Platform is a platform for comparing sustainable transport options and, in respect of those transport operators with which it has reached an agreement of some kind, a platform enabling journeys with those operators to be booked.

In its capacity as an intermediary platform, WAIIS is not a party to the transport contract concluded between the User and the Authorised Transport Operator or the Driver of the shared journey, and assumes no liability for: (i) the conduct, acts or omissions of drivers or other users during the journey; (ii) the quality, safety, punctuality or availability of the transport service provided by the operator or driver; (iii) personal injury, property damage or financial loss suffered by the User during the journey; (iv) the accuracy of information published by transport operators on the Platform; (v) cancellation or modification of a journey at the operator’s or driver’s decision. The User acknowledges that any claim arising from the performance of the journey must be directed to the relevant transport operator or driver.

16. Operation, availability and features of the Platform

WAIIS will endeavour, insofar as possible, to keep the Platform operating continuously 7 days a week and 24 hours a day. However, access to the Platform may be temporarily suspended without prior notice for technical reasons, maintenance, migration or update operations, or due to supply interruptions or restrictions relating to network operation.

In addition, WAIIS reserves the right to modify or suspend access to the Platform or its features, in whole or in part, at its discretion, either temporarily or permanently.

17. Modification of the T&C

These T&C and the documents incorporated by express reference constitute the entire agreement between you and WAIIS regarding use of the Services. Any other document mentioned on the Platform (Frequently Asked Questions, for example) is for guidance only.

WAIIS may modify these T&C to adapt them to its technological and commercial environment and to comply with the legislation in force. Any modification to the T&C will be published on the Platform indicating its effective date, and you will receive notification of that change before it takes effect.

18. Applicable law – Disputes

These T&C have been drafted in Spanish, in accordance with Spanish law. If necessary, you may also submit your complaints concerning our Platform or Services on the European Commission’s online dispute resolution platform, accessible via the following link: https://ec.europa.eu/consumers/odr/.

Any conflict, dispute, disagreement, issue or claim arising from the performance, interpretation and/or application of these T&C and/or use of the Platform that cannot be resolved amicably between the parties will be finally resolved by the Courts and Tribunals of the city of Barcelona, unless a mandatory rule establishes a different jurisdiction. In this regard, if the user qualifies as a consumer (i.e. a natural or legal person acting outside a business or professional activity), the above submission to jurisdiction will not apply, and the courts and tribunals of the user’s domicile will have jurisdiction.

19 .Legal notice

For the purposes of article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, notice is hereby given that the provider of the Platform’s information society services is WAIIS IBERIA SOLUTIONS SL, with tax identification number CIF B09835778 and tax domicile at Rambla Catalunya 49, 3-1, 08009 Barcelona (Spain).

For any questions, you may contact WAIIS at the following email address contact@waiis.eco or telephone number +34 900 909 704.

Terms and Conditions of Use