TERMS AND CONDITIONS

                                                                                                                                                 

                                                                                                                                                  Last updated: November 28, 2022

I.- GENERAL TERMS AND CONDITIONS.

These general terms and conditions (hereinafter "THE TERMS AND CONDITIONS") will be applicable to "THE USERS" of "THE SERVICES", offered by KOLORS, INC., with address at 9110 W Tropicana, #180, Las Vegas Nevada, ZIP Code 8914, United States of America (USA); company duly incorporated under the laws of the state of Delaware, United States of America and its controlling, affiliated and subsidiary companies (jointly referred to as "KOLORS"), as well as access and use of the website located at the electronic address URL https://kolors.com (hereinafter “THE WEBSITE”), its corresponding mobile application for smartphones hereinafter (“THE APPLICATION”) and any portals, developments or additional or auxiliary programs that, directly or indirectly, use "KOLORS" to provide its services (all referred to together with "THE WEBSITE" and "THE MOBILE APPLICATION" as "THE DIGITAL MEDIA").

In these terms and conditions, "KOLORS" will be referred to indistinctly as "THE COMPANY" or "WE"; likewise, the phrases "OUR" or "US" shall be understood and refer to "KOLORS".

These Terms and Conditions are addressed to "THE USERS" who reside and are physically in the territory of the United States of America (USA) depending on our different routes and according to the applicable case.

For trips within the territory of Mexico or bound to Mexico, you can consult the applicable terms and conditions on the website https://kolors.com.mx/terminos-y-condiciones

Those users who reside or are in any other place and who decide to access or use "THE SERVICES", must do so at their own responsibility and risk, having to ensure that such access and use complies with applicable local legislation.

All persons who register at "THE DIGITAL MEDIA" from any device or computer will be referred to as "THE USERS" or "THE PASSENGERS", regardless of whether the access is made through "THE APPLICATION" or "THE WEBSITE", as well as those who regularly or occasionally use “THE SERVICES” without any kind of registration.

These Terms and Conditions are intended and directed to regulate the conditions of registration, affiliation, access, use and exploitation of "THE PLATFORM", "THE DIGITAL MEDIA" and "THE SERVICES". The direct or indirect use of "THE PLATFORM" and any of "THE PHYSICAL, DIGITAL MEDIA or "THE SERVICES" by "THE USERS" presupposes and implies the express and full acceptance of each and every one of the provisions contained and provided for in these Terms and Conditions, as well as the corresponding subjection to them. Users acknowledge that it is their obligation to consult and understand the content of the Terms and Conditions, as well as the modifications made from time to time to these, before accessing and using the physical, digital media, and in general any of "THE SERVICES" offered by "KOLORS".

It will be the sole and exclusive responsibility of "THE USERS" to read, understand and accept the provisions contained in these Terms and Conditions, as well as in the Privacy Notice that is available to them at "THE DIGITAL MEDIA".

In the event that "THE USERS" for any reason do not wish to be bound or do not fully agree with these terms and conditions, they must refrain from making any registration and from using "THE SERVICES" and "THE DIGITAL MEDIA" and, requesting reservations, or participating in trips, you must also immediately abandon any digital media currently using or that they have used or registered; under the understanding that when using "THE WEBSITE" or "THE MOBILE APPLICATION", or accessing "THE SERVICES" through points of sale in “KOLORS STOPS”, physical points, they fully accept the content of these Terms and Conditions.

 

II. DEFINITIONS.

For better clarity of what is expressed in these terms and conditions, we will use the following definitions.

 

Banking Aggregator: Refers to the specialized company(s) that have been hired by "KOLORS" to process payments made by bank card or other electronic means of payment made by "THE USERS" as consideration for "THE SERVICES".

 

Allies: Refers to the independent transporters who are the permit holders, whether natural or legal persons who are the owners or legitimate holders of the bus units or any other vehicle, which directly provide "THE USERS" with the independent transport service and that have the permits issued by the authorities

according to current regulations.

 

Additional Charges: Refers jointly to penalties, cancellations, as well as any accessory or complementary costs or amounts that must be charged to the means of payment authorized by "THE USERS".

 

Attention and support center: Communication with "THE USERS" will be via email.

 

Purchase: Refers to the payment made by "THE USER" for his ticket, thereby ensuring a seat in a unit specifically assigned to a trip.        

Drivers: Refers to the natural persons who are directly hired by the permit holders who are the independent transporters and who are in charge of driving the units of the independent transporters, or else, the natural persons on their own account act as the independent transporters, drivers are also referred to as operators.

Allowed Discounts: Refers to the deductions or credits to which "THE USER" is entitled that are compensable against the rates, based on promotions, digital coupons or promotional codes authorized by "KOLORS" in "THE PLATFORM".

Departure time: It refers to the exact time in which the unit will begin its journey, which will depart from the point of origin, which is selected by "THE USER".

Means of Payment: Refers to debit cards, credit cards, electronic means of payment and service cards that are accepted by "THE PLATFORM", or any other means to cover the fees.

Applicable Regulations: Refers to any codes, laws, regulations, decrees, agreements, circulars, edicts, guidelines, general provisions and legal regulations that are applicable to the purpose of this contract or the specific section where mention is made of this term.

Reservation Number: It is the personal and non-transferable alphanumeric code that "THE PLATFORM" grants to "THE USERS" at the time of making a reservation or purchase and that, together with an official identification of the user, will serve to identify the latter at time to board a unit.

Platform: It is a digital mediation tool between "THE USERS" and "THE ALLIES" through which "THE USERS" make travel reservations or purchases, which they access through "THE DIGITAL MEDIA" and that contains all the needed information.

Kolors Stops (hereinafter “KOLORS STOP”): Refers to the specific location or exact geographic coordinate that the route indicates as the point of departure or arrival of a trip.

Kolors Point: Refers to the specific location or exact geographic coordinate that the route indicates as the point of origin (departure) and destination point (arrival) of a trip.

Service or services: Refers to the intermediation conducted by "KOLORS", through "THE PLATFORM", "THE PHYSICAL MEANS" and "THE DIGITAL MEDIA", for the reservation or acquisition by "THE USERS", of tickets for trips offered by the allies.

Reservation: Refers to the request made by "THE USER" to reserve a seat in a unit specifically assigned to a trip.

Fares: Amount established for the provision of the servers of THE ALLIES", through the sale of individual tickets.

Journeys: Refers to the routes whose origin and destination times are published in "THE PLATFORM", with the purpose that "THE USERS" reserve seats in the units and are transferred by the operators.

Unit. It refers to the motor vehicle or the bus that is driven by the operators and whose property or legitimate possession corresponds to the independent transporters or ally.

Trip. It refers to the journey made by an ally in favor of a user, from the origin or destination "KOLORS STOP". In addition to the term "trip" to refer to the journeys indicated here, they may also be referred to as "ticket" in the content of these terms and conditions.

Company information. Information related to “KOLORS” and its services, including schedules, routes, fares, text, graphics, button icons, audio and video clips, digital downloads, data compilations, logos, and information about the status of “KOLORS” schedules” is called “COMPANY INFORMATION”. “KOLORS” owns all copyrights, trademarks, service marks and trade names related to our company information. All company information is property of “KOLORS”.

The terms defined above may be used throughout these terms and conditions, in singular or plural, in masculine, feminine or neuter; in upper or lower case; without such use modifying its meaning. In case the terms defined in this section have been given an explanatory meaning in other sections of this document, both meanings will be read and interpreted together. The terms defined exclusively in various sections of this instrument will have the meanings attributed therein.

III. “KOLORS” SERVICES.

"KOLORS", through "THE PHYSICAL MEANS" and "THE DIGITAL MEDIA", provides to "THE USER", the intermediation service for the reservation and acquisition of tickets for passenger transport trips, provided by our allies, through "THE PLATFORM" that it is available to "THE USERS".

"KOLORS", through "THE PHYSICAL MEANS" or "THE DIGITAL MEDIA", makes available to "THE USERS" a platform that allows the reservation or purchase of travel tickets with our allies. The trips will be provided by allies (independent transporter) that have the necessary permits for the provision of those services.

"THE ALLIES" are solely responsible for the provision of independent transport services. Due to the foregoing, "THE USER" acknowledges that "KOLORS" acts as an intermediary between "THE USER" and "THE ALLIES" and that "KOLORS" DOES NOT PROVIDE GROUND TRANSPORT SERVICE, THAT DOES NOT HAVE THE NECESSARY PERMITS FOR THE PROVISION OF THE TRANSPORTATION SERVICE AND THAT IT DOES NOT OWN THE BUSES OR UNITS WITH WHICH THE GROUND TRANSPORTATION SERVICE IS PROVIDED.

Likewise, "THE USER" acknowledges that the drivers are not employees of "KOLORS", so it will be the exclusive responsibility of "THE ALLIES" and the drivers to provide the ground transportation services that are contracted through "THE PLATFORM".

"THE USER" acknowledges that "THE ALLIES" may have their own privacy policies and general conditions of service or contracting, so that, if applicable, "THE USER" must consult and accept, as appropriate, said policies or conditions, regardless of what is provided in this instrument.

 

IV. USE AGREEMENT.

Limitations.

The “KOLORS” sites and any company information provided is available to the users only for non-commercial uses to determine the availability of goods and services offered on our sites and to transact business with “KOLORS” or our partners. You may not use the information contained in "THE DIGITAL MEDIA" for any commercial use for any other purpose. Unauthorized resale of “KOLORS” tickets is strictly prohibited and will be prosecuted.

Users may not use the “KOLORS” sites to offer any third-party products or services not authorized or approved by or in connection with “KOLORS”.

You may not copy, display, distribute, download, license, modify, publish, republish, reproduce, reuse, sell, transmit, use to create a derivative work of, or use the content of this site for any public or commercial purpose without our KOLORS´s authorization. Nothing on this site shall be construed as granting or licensing any intellectual property right, whether by estoppel, by implication, or otherwise.

"KOLORS" and its suppliers or service providers are not responsible for information that is inaccurate due to technical defects in the software used on our websites, whether induced by their respective systems or by software provided by third parties.

You may not use the "KOLORS" sites to make speculative, fraudulent or false reservations. If you have made several duplicate reservations for one or more destinations on approximately the same date, traveler, or travelers, "KOLORS" reserves the right to cancel all such reservations without prior notice.

You may not use any deep linking, page scraping, robot, crawling, index, spider, click spam, macro program, Internet agent or other automatic device, program, algorithm or methodology that does the same, to use, access, copy, acquire information, generate impressions or clicks, enter information, store information, search, generate searches or monitor any part of the "KOLORS" sites or company information.

You may not modify, re-render, frame, duplicate, truncate, append, inject, filter, or change the order of the information contained on any page of the “KOLORS” sites, including, without limitation, reproducing the pages “KOLORS” website or company information on any other website without our express written permission.

You may not display popups, exit windows, dropdown buttons, banner ads, or anything else that minimizes, covers, or inhibits the full display of the “KOLORS” sites.

You may not use the “KOLORS” sites in any way that depletes web infrastructure resources, slows the transfer or loading of any web page, or interferes with the normal operation of our site.

You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use or reproduce any code or fonts in connection with our sites, including, without limitation, any service or product "KOLORS" offers.

You may not upload or transmit to the “KOLORS” sites any device, software, program or file that may harm the operation of any computer or the “KOLORS” sites, including, without limitation, viruses or corrupted files.

When you use the “KOLORS” sites or company information for an authorized purpose, you must include all proprietary notices without changing, hiding, or removing them.

You may not engage in any conduct that is, or is deemed by “KOLORS” to be, in violation of this user agreement.

 

V. PRIVACY.

Your privacy is important to us, if you wish to consult our privacy notice you can do so at the following address: http://kolors.com/privacy-policy

In no event "KOLORS", its affiliated companies or its service providers shall be responsible for any damages, whether consequential, direct, incidental, indirect, punitive, special or otherwise, arising out of or in any way related to the use from a third party.

 

VI. THIRD PARTY SITES.

The “KOLORS” sites may have links to other websites that are not operated, controlled or maintained by “KOLORS”. “KOLORS” is not responsible for the content of such websites and cannot guarantee that such websites will not change without knowledge. The inclusion of such links on “KOLORS” sites does not imply endorsement or approval by “KOLORS” of the linked sites or their content. If you navigate away from our websites by clicking on a link from a non-affiliated website, you do so at your own risk and you should note that our Terms and Conditions no longer govern. You should review the applicable terms and policies, including the privacy and data collection practices, of any site you navigate to from our sites or in connection with any application you use or install from another site.

 

 VII. DISCLAIMER.

The “KOLORS” sites, including the content and company information found on them, are provided without warranty of any kind, either express or implied, including without limitation any warranty regarding the information, services or products offered or provided through or in connection with the “KOLORS” sites and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event "KOLORS", its service providers or its partners will be responsible for any direct, indirect, punitive, incidental, special or consequential damages arising from the use of the "KOLORS" or with the delay or inability to use the “KOLORS” sites for any information (including company information), software products and services obtained through the “KOLORS” sites.

 

VIII. APPLICABLE JURISDICTION AND DISPUTE RESOLUTION.

These Terms and Conditions, the relationship between you and "KOLORS" shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You consent to the personal and exclusive jurisdiction of the courts located in Delaware. You hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Delaware in all disputes arising out of or in connection with these Terms and Conditions, our sites, and the information on the site. To the fullest extent permitted by applicable law, no arbitration or claim under these Terms and Conditions shall be joined with any other arbitration or claim, including any arbitration or claim involving any current or former user of our services, and no proceeding Class arbitration will be allowed.

Dispute resolution

A. Arbitration.

Arbitration procedures are generally simpler than the rules that apply in court, and investigation is more limited. As specifically described herein, you, "KOLORS" or "THE ALLIES" may decide to resolve any dispute, claim or controversy by individual arbitration. These claims include, but are not limited to, all disputes between the parties arising from, or in any way related to bus services, loss, damage or injury to persons or goods transported by "THE ALLIES", claims for discrimination; the use of "THE DIGITAL MEDIA" and its implementation, and these Terms and Conditions.

Arbitration may be initiated by either party, at any time. Unless each party retains the right to bring an individual action in a small claims court of competent jurisdiction and the right to seek injunctive or other similar relief in a court of competent jurisdiction to prevent the actual or threatened breach of infringement, misappropriation or violation of the copyrights, trademarks, trade secrets, patents or other intellectual property rights of any party.

The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

B. No Jury Trial or Class Action/Representative Claims.

In the event either party chooses arbitration, neither you nor “KOLORS” or “THE ALLIES” will have the right to sue that claim in court or have a jury trial on it. By agreeing to these Terms and Conditions, you acknowledge and agree that you and "KOLORS" each waive the right to a jury trial on any claim subject to arbitration.

If either party chooses to resolve a claim through arbitration, that claim will be arbitrated on an individual basis. There shall be no right or authority for claims arbitrated in the form of a class action or for claims as the purported representative of the general public or other similarly situated persons.

The arbitration authority is limited to claims made solely between you and "KOLORS" or "THE ALLIES". Claims may not be pooled or consolidated unless you, "KOLORS" or "THE ALLIES" agree in writing, any judgment confirming it will apply only to the specific case and may not be used in any other case.

C. Arbitration Rules and Process.

A neutral arbitrator will make decisions regarding the claims. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Resolution of Consumer Related Disputes (the "AAA Rules") then in effect.

A party wishing to initiate arbitration must provide the other party with a written demand for arbitration, as specified in the AAA Rules. The AAA offers a "Demand for Arbitration" form on its website. The arbitrator will be a retired judge, or an attorney licensed to practice law and will be selected by the parties from the AAA's list of arbitrators for consumer-related disputes. If the parties do not agree on an arbitrator within thirty (30) days after delivery of the Demand for Arbitration, the AAA will appoint the arbitrator in accordance with the AAA Rules.

D. Arbitrator's Decision.

The arbitrator's decision is as enforceable as any court order and is subject to limited court review. The arbitrator will make an award within the time specified in the AAA Rules. The arbitrator's decision will include the substantive findings and conclusions on which the arbitrator based the award.

 E. Fees.

It will be your responsibility to pay any AAA deposit, administrative or arbitrator fees as set forth in the AAA Rules.

F. Limitation of Liability.

"KOLORS" will not be responsible for loss, damage or delay as a result of:

(1) Act or breach of passenger,

(2) The nature of the property,

(3) Natural catastrophes, public enemies, law enforcement, quarantine, navigation hazards, riots, strikes, or incidental hazards to a state of war, and;

(4) Accidents, breakages, poor road conditions or other more fortuitous causes.

“KOLORS” and “THE ALLIES” do not assume any responsibility for the loss or damage of luggage caused by negligence of “KOLORS” or “THE ALLIES” above USD200 (TWO HUNDRED UNITED STATES DOLLARS) and only up to the actual loss or damage caused by "KOLORS" or "THE ALLIES", calculated based on the real value of the luggage. "KOLORS" will not assume any responsibility for damage, breakage, deterioration, delay or loss of any item whose transport on its buses is prohibited. Such prohibited items include all hazardous materials as that term is defined by the US Department of Transportation or weapons of any kind.

Any claim against "KOLORS" for loss, damage or delay must be filed with "KOLORS" within 30 days after the discovery of the loss or damage on which the claim is based, but in no case may the current prescription be extended. Otherwise, "KOLORS" will not be responsible for paying the claim.

IX. PLATFORM.

"THE PLATFORM" is a digital mediation tool between "THE USERS" and "THE ALLIES", through which "THE USERS" make travel reservations or purchases. You can access "THE PLATFORM" through "THE DIGITAL MEDIA".

"THE COMPANY" informs "THE USERS" that it provides solely and exclusively the following services:

1. Management of reservations, purchases and intermediation with allies who are independent transporters, that grants "THE USERS" the opportunity to make a reservation or purchase a ticket for a seat in the units or buses regarding the trips made by allies who are independent carriers.

2. Administration of a care and support center, with the purpose of meeting the requests for guidance, advice and support from "THE USERS" related to the use of "THE DIGITAL MEDIA" and with "THE SERVICES".

"THE COMPANY" makes "THE PLATFORM" available to "THE USERS" as expressed throughout this document. Therefore, access to "THE PLATFORM" does not constitute a service by itself but is granted by reason of the use license that is stipulated below, in subsequent sections of these terms and conditions.

BY ACCEPTING OR SIGNING THESE TERMS AND CONDITIONS, "USERS" ARE INFORMED AND ACCEPT THAT "KOLORS" DOES NOT PROVIDE TRANSPORTATION SERVICES.

·      Use with user account.

"USERS" may register in "THE PLATFORM", accessing it through "THE DIGITAL MEDIA", in order to obtain an account and a password ("THE USER ACCOUNT"). "USER ACCOUNTS" are personal, non-transferable and may only be used by a single person.

For the creation of "THE USER ACCOUNT", "THE USERS" must provide the corresponding personal information requested in all fields, with valid, complete, accurate, current and truthful data. "USERS" are obliged to keep the aforementioned personal information updated at all times.

"THE COMPANY" reserves the right to suspend any "USER ACCOUNT" that has been registered with information deemed false, inaccurate or misleading. "KOLORS" reserves the right to request, at any time, information or documentation from "THE USERS" in order to verify the veracity of the information provided, as well as to temporarily or permanently suspend those users whose information could not be corroborated, without granting "THE USER" the right to any compensation.

"USERS" must create their "USER ACCOUNT" through "THE DIGITAL MEDIA" and in accordance with the procedure established for this purpose in "THE DIGITAL MEDIA". "KOLORS" may change procedure without the need to give prior notice to "THE USERS" or modify this instrument.

All "USERS" declare that they have the capacity to contract, in accordance with the applicable legislation in their respective domiciles. Only people who are of legal age, that is, eighteen (18) years of age at the time of registering on "THE PLATFORM", may request the authorization of a "USER ACCOUNT". In the event that a minor person registers on "THE PLATFORM", the persons who have parental authority, guardianship or supervision of the minor will be jointly and severally responsible for any events or situations that may be caused by the minor, including payment of the rates and additional charges that the use of your "USER ACCOUNT" could generate, as well as all the damages caused by the minor.

When creating a "USER ACCOUNT", "THE USER" will be asked to provide a password, which will be required each time the user logs into "THE PLATFORM". "THE USER" will be responsible for the protection, custody, memorization and conservation of his password, consequently, the user will assume all risks and will be responsible for all damages that may arise from its improper use, as well as from its disclosure, forgetfulness or loss.

In case of forgetting the password or any other circumstance that poses a risk of access or use by unauthorized third parties, "THE USER" will immediately notify the attention and support center of "THE COMPANY".

It is the responsibility of "THE USER" to memorize his password. "KOLORS" may or may not have password recovery methods and will not be obliged to assist "THE USER" to recover it.

All operations conducted through a "USER ACCOUNT" will be presumed conducted by the account holder. Likewise, the account holder will be responsible and will pay the expenses, damages and losses derived from any unauthorized access or use of his account.

"THE USERS" acknowledge and accept that the access and use of "THE PLATFORM" and "THE DIGITAL MEDIA", as well as the corresponding participation in the trips, is under their sole and exclusive responsibility.

·      Use without user account.

All those people who access, use "THE DIGITAL MEDIA" and "THE PLATFORM", make reservations or purchases, even without having a "USER ACCOUNT", imply the express acceptance and full of these terms and conditions.

When "THE USERS" do not have a "USER ACCOUNT" they can make reservations through "THE DIGITAL MEDIA" without a "USER ACCOUNT", for which they must follow the process shown by "THE PLATFORM” and fill out all the forms and indicate all the data required by "THE PLATFORM".

The process and requirements to make reservations or purchases can be changed without prior notice by "KOLORS" and will not imply a modification to these terms and conditions.

"USERS" must provide the corresponding personal information in all fields, with valid, exact, complete, current and truthful data. "USERS" are obliged to keep personal information updated at all times.

In the event that a minor requests or makes use of "THE SERVICES" of "KOLORS", or, uses "THE PLATFORM" or "THE DIGITAL MEDIA", the persons who have parental authority, guardianship or supervision of the minor will be jointly and severally responsible for any events or situations that may be caused by the minor, including the payment of any type of consideration or additional charges that could be generated by "THE SERVICES", as well as any damage caused by the minor.

X. USE OF "DIGITAL MEDIA".

"KOLORS" will not be responsible to "THE USERS", in accordance with these terms and conditions, in the event that "THE DIGITAL MEDIA" or "THE PLATFORM" cannot be used, or reservations cannot be made due to force major, including, but not limited to fires, floods, hurricanes, storms, cyclones, earthquakes, strikes, wars, insurrections, riots, rebellions, closures, epidemics, pandemics, health contingencies, hacker cyber-attacks , the general revocation or limitation to the user public in the use of the software or programming language necessary to operate "THE DIGITAL MEDIA", or other causes of a similar or different nature.

XI. COMMUNICATION WITH “KOLORS”.

"KOLORS" may enable functionalities for "THE USER" to rate, send, publish or otherwise carry out reviews or opinions on Digital Media. All opinions will be the property and responsibility of their author, without this implying any responsibility of any nature, in charge of "KOLORS".

It is prohibited to send opinions that in any way are contrary to the Law, these terms and conditions or good customs. In a merely illustrative manner, opinions or any content with offensive, defamatory, slanderous, obscene content, which includes violence, threats, constitutes an apology for the last two or may be illegal

XII. ASSIGNMENT.

"THE USERS" may not assign their rights and obligations assumed by signing these terms and conditions, without the prior written consent of a legal representative of "KOLORS". For its part, "KOLORS" may assign these terms and conditions to any third party without the need to obtain the prior consent of "THE USERS".

XIII. NOTIFICATIONS.

"THE COMPANY" can make notifications to "THE USERS" or communicate any type of information through a general notification in the mobile application or on the website, through a text message, telephone call, through any email address provided by "THE USERS" or by traditional mail addressed to any address indicated by "THE USERS". "THE USER" may notify "THE COMPANY" by sending an email to the address provided in the service and support center, at the times that are necessary for the provision of the service, that is, including notifications with up to 2 (two) hours in advance of the time indicated on your ticket for the departure of your trip, to communicate any operational modification regarding the "KOLORS" point of departure or arrival.

XIV. MODIFICATIONS.

These terms and conditions may be changed, added, or reformed unilaterally by "KOLORS" at any time. "THE USER" expressly acknowledges the right of "KOLORS" to change these terms and conditions at any time, and "THE USER" must periodically consult the terms and conditions in force at any time.

ACCESS TO THE USE OF "THE PLATFORM", "THE DIGITAL MEDIA" OR THE TRAVEL RESERVATION PRESUPPOSES THE EXPRESS AND FULL ACCEPTANCE OF "THE USERS" OF ANY MODIFICATION MADE TO THIS DOCUMENT.

XV. INTERPRETATION AND SUBSISTENCE.

In the event that any term, condition, section or provision contained in these terms and conditions is considered or could be considered void, invalid, illegal, prohibited or unenforceable in any jurisdiction, such term, condition, section or provision must be severed from these terms and conditions, without the foregoing implying the nullity or invalidity of the remaining terms or conditions. "KOLORS" may substitute the corresponding term, condition, section or provision, in accordance with the applicable regulations.

XVI. VALIDITY.

This instrument is valid indefinitely and will be obligatory and binding for "THE USERS".

These terms and conditions will remain in force, obligatory and binding for all "THE USERS" who make use of "THE PLATFORM", "THE SERVICES" or "THE DIGITAL MEDIA", or, for "THE USERS" who have a user enabled on the platform and do not request their withdrawal or cancellation.

In the event that a user requests the withdrawal or cancellation of their user account, all accrued obligations will remain in force, as well as all obligations related to damages, losses or liabilities of a civil, criminal, administrative or any other nature. in which the user has incurred against the operators, independent carriers, other users, "KOLORS" or any third party.

 

XVII. OBLIGATIONS AND CONDUCT OF "THE USERS".

·       Information provided in the reservation and purchase processes.

Reservations and purchases will be canceled for those users who supply false information such as name, email, payment methods or any other information that it is necessary for the reservation and purchase; Likewise, "KOLORS" reserves the right to block "THE USER" from making reservations and purchases with false information.

 

·       Transfers.

"THE USERS" must travel by their own means to the "KOLORS STOPS” of departure where the buses of "THE ALLIES" are found, they must present themselves at least 15 minutes before the departure time to review the mandatory documents, digital purchase reservation number and valid official identification. In case of documenting luggage, they must be presented 20 minutes before the departure time marked on your ticket. In the event that "THE USER" does not show up within the anticipation times established in these terms and conditions, boarding will not be allowed.

 

·       Notifications of operational changes.

"USERS" are obliged to provide a cell phone number and email, to send them, either through emails or push notifications information about changes in their travel itinerary, operational changes in the "KOLORS STOPS" of origin or destination, as well as any change that "KOLORS" or "THE ALLY" decide to implement in order to guarantee the correct operation. notifications will be made within 2 (two) hours prior of the travel itinerary shown on your ticket. It will be total and full responsibility of "THE USER" to address the notifications to be aware of the changes that must be reported. "KOLORS" is not responsible for situations that derive from the neglect of "THE USER", that is, if "THE USER" does not attend to the information and instructions for changes communicated by "KOLORS", so in no way "KOLORS" will be obliged to make any type of compensation, refund or change, as a result of the user's omission.

 

·       When boarding.

It is made known to all "THE USERS" that it is mandatory to present a valid official identification, so that "THE USERS" can buy a travel ticket and board the unit. The boarding of "THE USER" who does not present his current official identification at the time of boarding will not be allowed. For this reason, "THE USERS", individually, must prove their identity with one of the following current official identifications, to purchase their ticket:

1.    Valid passport,

2.    American visa,

3.    Resident or green permits card,

4.    US Driver's License,

5.    Official identification for members of the Army of the United States of America, and;

6.    Passport card when applicable.

In case of not presenting a valid official identification, the purchase or boarding of the user will not be allowed.

Likewise, the aforementioned identifications must be presented individually, even in the case of group boarding.

If you do not present any of the documents shown to prove your identity, or do not present your reservation number, the user will not be able to make the purchase or boarding.

In no case will boarding be allowed if the user does not present their valid official identification. Photocopies, scans, or digital or printed photos of the documents will not be accepted.

·       Proof of payment.

It is obligation of "THE USERS" to pay the rate by any authorized means established by "KOLORS" before boarding any unit or bus of, as well as to keep, safeguard, memorize and protect the reservation number, and display said reservation number before boarding a unit.

 

·       Ascend and descend.

It is obligation of "THE USERS" to remain in the unit during the trip and conduct ascents and descents only at “KOLORS STOPS" of origin and destination established in their reservation and ticket, ascents and descents in places other than those indicated are not allowed.

For no reason and with the aim of supplying the greatest possible security and comfort for users, it will not be allowed to ascend or descend at points other than those marked in your reservation or purchase.

Vehicles will only pick up and drop off passengers at the stops shown on the trip itinerary. It is prohibited to try to hop on or off a moving vehicle or a vehicle that has stopped in a place not appointed as a stop (includes traffic lights and road works)

It is prohibited to use the emergency exits of the vehicles unless it is a real emergency.

 

·       Security.

"USERS", including those traveling with minors, must remain in their seats throughout the entire journey, except when they use the toilet.

 

"USERS" must wear the seat belt at all times while seated. This also applies to customers traveling in a wheelchair.

 

"USERS" must not at any time distract the driver or access the cabin area. Users will be obliged to follow the instructions of the "KOLORS" staff, in case of an incident.

 

It is prohibited to smoke cigarettes or tobacco, as well as to use any type of vaporizers, or electronic cigarette inside the buses, including the restrooms. In case of smoking the authorities will be notified, which may determine a fine for the user in accordance with the applicable legislation, derived from which "KOLORS" may put at disposal the users involved to the authorities, as well as charging the user who violates this rule, in the same payment method that he provided for the purchase of his ticket, compensation equivalent to USD100 (ONE HUNDRED AMERICAN DOLLARS) for concepts of damages in the operation of the buses and attention to "THE USERS" or passengers of KOLORS, if the payment has been made in cash, the collection will be in cash before making the descent at the "KOLORS STOP" of arrival.

 

·       Travel in transport operated by "KOLORS"

“KOLORS” staff reserves the right to deny transportation or remove any passenger from the bus at any point, for the following reasons:

1.    Government request or regulation. Whenever such action is necessary to comply with any government regulation, security directive or government request for emergency transportation related to national defense.

2.    Force majeure or other conditions. Whenever such action is necessary or recommended due to weather issues or other conditions beyond the control of "KOLORS" which include, but are not limited to, acts of nature, strikes, civil unrest, embargoes, wars, hostilities, terrorist acts. or disturbances, whether actual, potential or reported.

3.    Across international borders. Whenever a passenger makes an international trip if the documentation requested by the government to said passenger is not in order according to the reasonable criteria of "KOLORS".

4.    Security. Whenever the refusal or removal of a passenger may be necessary for the safety of that passenger, other passengers, or drivers, including, but not limited to: (a) persons whose conduct is disorderly, offensive, abusive, illegal, or violent; (b) people who do not comply with or interfere with the tasks of the driver, (c) people who use or carry on their body or luggage, concealed or not, deadly or dangerous weapons, and people suffering from a contagious disease or a known infection or that "KOLORS" considers that it may represent a direct threat to the health or safety of others.

·       Recording policy

Vehicles operated by "KOLORS" may have audio and video recording equipment. “KOLORS” or “THE ALLIES” staff can view the audio and video recordings at any time and for any reason. Such recordings may also be made available to law enforcement authorities or other government officials. By accepting these Terms and Conditions or by boarding a vehicle with such equipment, you consent to the making and use of such recordings.

·       International travel

A valid passport is required for all citizens of any country, including US and Mexican citizens, to cross the border in either direction between the United States and Mexico.

Baggage is subject to inspection when crossing international borders. You will be required to declare all items subject to customs tax when crossing borders. “KOLORS” is not responsible for any baggage that crosses international borders. Passengers must claim all baggage at the border crossing point before proceeding. No baggage is allowed to cross the border unless claimed by a passenger.

·       Travel in the State of California.

California state law requires all commercial bus drivers and passengers to wear seat belts. The fine imposed by the government is USD20 (TWENTY UNITED DOLLARS) for the first violation of this law and USD50 (FIFTY UNITED STATES DOLLARS) for the next.

All passengers must be buckled up at all times, with the exception of passengers going to or returning from the lavatory on board.

All passengers eight years of age and older must be properly restrained with a seat belt, which means that the seat belt crosses the occupant's hips or upper thighs and the shoulder belt (if present). across the chest in front of the occupant.

All passengers under the age of 8 and under 4 feet 9 inches tall must be acceptably restrained with a seat belt, which means all of the following:

1.) The latch plate is securely attached to the buckle

2.) The lap belt should be adjusted so that it sits low and snug on the hips or upper thighs, not on the stomach area.

3.) The shoulder belt must not be placed behind the back or under the arm.

 

If it is not possible to ensure that a passenger under the age of 8 and under 4 feet 9 inches in height is acceptably restrained with a seat belt due to their size, a parent or legal guardian must:

1.) Secure it in a suitable child restraint system that meets federal motor vehicle safety standards

2.) If the passenger is under 2 years old, they must sit on the lap of a parent or legal guardian.

 

·       Conduct.

"USERS" must respect each of the general duties of conduct provided for in these terms and conditions.

"USERS" have the fundamental duty to treat drivers and other users with respect, dignity, cordiality, and reciprocity. In addition, "THE USERS" must reciprocally protect their personal security conditions, as well as their belongings.

 

Therefore, in addition and independently to the provisions of the terms and conditions of service of each ally, "THE USERS" must refrain from incurring in the following conducts.

a)    Physically or verbally assault another user, "KOLORS" staff or allied drivers.

b)    Ingesting alcoholic beverages or consuming narcotic or enervating substances or being in an ethyl state or under the influence of any non-medical drug and who does not have a prescription or medical certificate issued by a professional with a certificate and autograph signature, duly empowered to issue it.

c)    Market any type of product within the unit.

d)    Incurring in inappropriate behaviors, lack of morality, not following the security measures issued by the authorities, referring to the health crisis derived from COVID-19 during the ascent and the journey.

e)    Physically damaging the unit.

f)     Conduct any illegal activity.

g)    Do not prove your identity with the identifications allowed under these Terms and Conditions.

h)    If the user incurs in any of the aforementioned behaviors, they will be asked, with the help of the competent authorities, to get off the bus, even if it has not finished the journey and has not reached the destination "KOLORS STOPS", without any right to any type of compensation or reimbursement, without prejudice to the fact that the future sale of tickets to said user is restricted.

i)      The ascent will be prohibited to "THE USERS" who conduct inappropriate behaviors, lack of morality or who incur in violence. In the event that these behaviors occur during the course of the trip, they will be asked to stop the inappropriate behavior and a warning will be issued, and if the user ignores the warning, they may be asked to get off the bus for putting at risk to other users, “KOLORS” staff or driver, restricting them from making future ticket purchases.

j)      Harass, abuse or in general, engage in any insinuation or sexual abuse behavior to the detriment of another user, driver or "KOLORS" staff.

k)    The ascent to "THE USERS" under the influence of drugs, alcohol or enervating substances is prohibited.

l)      Attend trips naked or semi-naked.

m)  Neglecting safety rules during the trip.

n)    Smoking or using any type of electronic cigarette or vape.

o)    Consume alcoholic beverages while traveling.

p)    Assign or otherwise transfer your user account to a third party.

q)    Make illegal, unauthorized, fraudulent use, or any use contrary to what is established in these terms and conditions, of "THE PLATFORM", "THE SERVICES" and "THE DIGITAL MEDIA" of "KOLORS" and all the contents and elements inserted in these digital media.

r)     Reverse engineer or decompile the source code of “THE DIGITAL MEDIA”.

s)    Hack “THE DIGITAL MEDIA” or “THE PLATFORM” of “KOLORS”.

t)     Make use of traffic-generating bots to affect the operation of "THE DIGITAL MEDIA" or "THE PLATFORM".

u)    Engaging in discriminatory conduct to the detriment of any person, for reasons of gender, age, skin color, physical appearance, sexual orientation, marital or family status, social status, disabilities, ethnic group, nationality, religion, health conditions, opinions policies or any other that violates human dignity.

v)    Causing any damage to the units of our allies or committing an illegal act on board the aforementioned units

w)   Alter or affect the operation of "THE WEBSITE" or "THE APPLICATION", regardless of whether or not it is done to obtain a benefit for themselves or third parties.

x)    Perform any act contrary to the law or good customs to the detriment of "KOLORS", the operators, independent carriers, another user or any third party.

y)    "KOLORS" may temporarily or permanently prevent "THE USER" from using "THE SERVICES" or accessing "THE PLATFORM" or "THE DIGITAL MEDIA", as well as suspend, block, remove or cancel the User Account, unilaterally and without any responsibility.

z)    Make a chargeback or board a unit without first paying the fee.

aa)Incur in any breach of any regulation, guidelines or rule that "KOLORS" issues in relation to "THE SERVICES", "THE PLATFORM" and "THE DIGITAL MEDIA".

bb)Do not respect reasonable measures of hygiene, safety, order or discipline.

cc) Failure to comply with the rules of operation, conduct guidelines, or terms and conditions of the independent transporters.

dd)Supply false or fraudulent information to "KOLORS".

ee)Play loud music or use a personal device at a volume that may be audible to other passengers.

ff)    Leave trash on the bus.

You must follow the instructions of our staff and act in a manner that shows respect for the safety and comfort of other customers and company employees. This includes not standing near emergency exits, vehicle entrances, next to the driver, or sitting in aisles or on stairs.

If you are injured boarding, riding, or getting off the bus, you must notify a staff member immediately.

Except in as an emergency, you must not talk to the driver while the bus is in motion, obstruct his vision, or otherwise distract him.

We ask that you consider the needs of our elderly, young and disabled customers at all times. Above all, leave the seats and spaces designated for the elderly and people with disabilities free when requested.

Where Wi-Fi is available, you must not use it to download, view or distribute offensive or illegal material.

The charging outlet on the buses are for mobile devices only.

Wi - Fi and charging outlets are subject to availability and no refunds will be made if they are not available.

We have the right to deny your entry or ask you to leave our buses or premises at any time for any of the following reasons:

a)    We have reason to believe that your behavior endangers the safety and comfort of others.

b)    When such action is necessary to comply with any government regulation, security directive or any government request for emergency transportation in relation to national defense.

c)    Whenever such action is necessary or advisable for meteorological reasons or other reasons of force majeure beyond our control, including natural disasters, strikes, civil unrest, war or hostilities, terrorist activities, riots, whether actual, threatened or declared.

Circumstances where may be necessary to deny services to any user for their own safety:

a)    A client whose conduct disturbs public order or is offensive, abusive or violent,

b)    Not complying with or interfering with the functions of the staff,

c)    Carry or transport weapons,

d)    Clients with contagious infections or diseases that "KOLORS" knows or has reasonable grounds to believe may pose a direct risk to the health or safety of others, and;

e)    Violation of any other legal regulations.

 

It is possible that a company official, a police officer, a civil protection agent or any other authorized person detain you, force exit from the bus, denying you to continue traveling and without receiving any refund.

We also reserve the right to take any other action we consider necessary to protect the safety and comfort of our customers and staff. This may include being banned from traveling with us, temporarily or permanently, following an incident of misconduct.

Our buses and facilities may be equipped with an audio video surveillance system to offer greater security to our clients and staff. The corresponding signage will be placed where said audio video surveillance equipment is used. Audio and video recordings will only be used to monitor security, quality of service, and to help resolve relevant criminal and civil legal proceedings and claims investigations.

We may provide images to the police or any other security enforcement agency as long as the request is substantiated.

Although we will do everything in our power to control the conduct of our customers, we cannot be held responsible for it.

·       Traveling with a minor.

 

1.    Children under 16 years of age cannot travel on “KOLORS” unless accompanied by someone over 17 years of age, children under 2 years of age occupying a seat will pay full fare. A child under 2 years old can sit in the passenger's lap instead of using a seat, in which case they travel for free.

2.    Travelers 17 years and older will pay full fares and may travel solo without restrictions.

 

·       Prohibited items.

It´s prohibited to travel in a drunken state or under the influence of drugs or narcotic or psychotropic substances, it´s also prohibited traveling with any object that is considered a risk for the passengers, “KOLOS STAFF” or the bus driver:

a)    Paintings,

b)    Solvents,

c)    Gas tank,

d)    Corrosive,

e)    Weapons and explosives,

f)      Sharp Objects,

g)    Flammable,

h)    Matches or lighters,

i)      Anything that can be considered a dangerous object at the discretion of "KOLORS" and "THE ALLIES" personnel,

j)      Transport firearms or any type, sharp objects, as well as any dangerous objects by themselves or by their explosive, toxic or flammable nature,

k)    Alcoholic Beverages: These are transported in the lower part (trunk) and must be packaged and sealed,

l)      In no way will it be allowed to transport alcoholic beverages in the cabin and in general alcoholic beverages that are not sealed and packaged, and;

 

·       Special cleaning.

"THE USER" who, during any trip, has an upset stomach or nausea, must inform the driver or "KOLORS" staff, in order to provide them with the necessary help; In the same way, "THE USER" will be responsible for any negligence that implies a specific cleaning, either due to negligence, recklessness, or for behaviors not allowed inside the bus, such as consuming alcoholic beverages, narcotics or any other substance that causes any unhygienic body reaction.

If "THE USER" does not communicate or request help from "KOLORS" staff about his discomfort and as a consequence of this omission generates an incident in any part of the bus and it is disabled (either in the toilet, seats, cabins or in others), you will be charged for the amount it costs to clean the bus for special cleaning; which will be charged with the same payment method that you have made your purchase, if it were with a credit or debit card, the payment will be automatically charged to the same account with which you made the payment. If "THE USER" refuses to make said payment for cleaning, future purchases may be denied.

 

 XVIII. RESERVATION AND PURCHASE POLICIES.

"THE USERS" can make travel reservations or purchases through the platform.

Travel reservations and purchases will be carried out in compliance with the rates published on the website, which will apply exclusively, that is, fares will not suffer any variation, in cases in which the user completes the reservation or purchase operations, that is, when you receive an email from "KOLORS", with the reservation number, and the other corresponding data in accordance with these terms and conditions, indicating the status paid or payable, as appropriate, such as: the name of the travelers, seats, itinerary, reservation number for each of the travelers, identification of the passengers, and the indication of the status of tickets paid or payable.

"THE USER" knows and accepts that, except in the case that the reservation or purchase of a trip is completed, the rates published on the website may be changed in accordance with the legal limits corresponding to the rate regulation.

In case of reservations where "THE USER" intends to pay at the time the trip occurs, the established rate will be maintained only until "THE USER" makes the corresponding payment when boarding the unit, by electronic payment with the use clip, or cash payment, as you prefer.

When accessing the travel purchase service through the numbers of the service center and telephone support; or reservations made through the call center and telephone support or WhatsApp, email, or direct messages on the social networks of "KOLORS", "THE USER" expressly consents to "KOLORS" to process their personal data, including your financial data, in accordance with the provisions of the privacy notice of "KOLORS" found on the website.

The access by "THE USER" to the services through the platform on the website, telephone service, support center numbers, WhatsApp, email, implies your acceptance of these terms and conditions, as well as your express consent for "KOLORS" to proceed with the processing of your personal data in accordance with the provisions of the notice of privacy found on the website.

In cases of reservations whose payment has not yet been processed, it will be subject to availability at the time the payment is made, and the purchase process is completed.

XIX. TICKETS AND RATES.

Tickets are non-transferable, unauthorized resale of “KOLORS” tickets is strictly prohibited and will be prosecuted. Tickets are valid ONLY for the time, date and time for which they were purchased. "KOLORS" is not responsible for lost or stolen tickets. Tickets may be digital.

Rates are valid ONLY for the quoted time, date and time. Discounted rates are subject to date, time and hour restrictions. Rates may be subject to additional charges, including taxes, fees, and price differences. Fees paid will not be refundable.

Web rates will be published in "THE DIGITAL MEDIA" and are subject to change or modification, restrictions may apply for trips in high season and holidays. Fares are paid in US dollars only, unless otherwise stated.

Users will have to pay monetary remuneration for "THE SERVICES", as well as a monetary remuneration for the trips provided by "THE ALLIES

Rates will be covered directly through "THE DIGITAL MEDIA" at the time of making a reservation or purchase for a trip.

Rates will be determined for each route, they will be calculated by means of automated tools in "THE PLATFORM" taking into consideration the route chosen by the user, the total amount of which will be displayed prior to selecting a route or making a reservation or purchase.

Only allowed discounts may be applied to rates. The discounts allowed will be subject to the specific terms that are published in "THE DIGITAL MEDIA". "KOLORS" reserves the right to restrict the use of discounts allowed to "THE USERS" who make inappropriate, illegal or abusive use of those.

For security reasons "KOLORS" may block, cancel or annul any means of payment. "KOLORS" reserves the right to modify, expand, reduce, establish, and eliminate any means of payment at any time, as it considers appropriate.

The subscription or acceptance of these Terms and Conditions implies the corresponding unconditional acceptance of rates, for all legal purposes that may apply.

Everything related to cancellations and penalties is provided for in subsequent sections of this instrument. It will not be a requirement for the application of penalties that are published in "THE DIGITAL MEDIA", since they are charges originated by the generation of damages to the unit or to third parties and that correspond to the civil liability attributable to the offending User.

"THE USERS" expressly authorize "KOLORS" to apply and charge penalties in the method of payment

XX. PAYMENT SERVICES.

"KOLORS" does not receive, store, or maintain any kind of financial data, since we use services of a gateway nature and acceptance of electronic payments provided by specialized companies. "THE HOLDER" authorizes "THE CONTROLLER" to contract with one or more payment services providers. The payment services providers will capture and process, in a private and restricted manner, the personal financial or banking data of "THE HOLDER" that are exclusively necessary to collect fees through a bank card or electronic means of payment.

“KOLORS” uses the services of the following payment provider:

STRIPE, INC.

https://stripe.com/

"THE RESPONSIBLE" may contract the services of payment services providers additional to the one mentioned in this notice, without this being considered a modification to this.

The third party or payment services providers may collect the following information:

Name of the bank entity,

Bank card number,

Credit card validity, and;

CVV code (Card verification Value) or CVC (Card verification code).

 

XXI. DISCOUNTS

In all discounts cases, these apply to the regular (full) price available at the time of purchase (no promotions, no early purchase, no advance purchase).

For your application, you must present an official, original and current id, which proves the right to the discount when buying your ticket (students, members of the army, first responders, seniors), when boarding the bus and at any time requested, failure to do so will result in the remaining difference from the regular (full) price of the ticket.

Plain copies of credentials are not accepted.

All false credentials detected will be retained and competent authorities will be notified to initiate the corresponding process and, where appropriate, proceed to the sanction, for which "KOLORS" is obliged to supply information to said authorities.

Discounts are subject to availability, if the price of the quoted rate is no longer available at the time of the final reservation, the current price will be shown as an option. They are not combinable with other discounts or promotions.

 

XXII. TAXES, FEES AND CHARGES.

Taxes, fees and charges imposed by the federal, state and municipal governments, as well as the authorities in relation to "THE SERVICES" contracted, must be paid by "THE USER" together with the applicable rates.

XXIII. FORGOTTEN ITEMS POLICY.

"USERS" agree to be fully and unreservedly subject to the forgotten items policy provided in this section. In the event that any user does not accept or disagree with the forgotten items policy established herein, they must refrain from using "THE DIGITAL MEDIA", "THE SERVICES" and "THE PLATFORM", as well as from participating in, or book or buy trips, or board a unit.

"KOLORS" will not be responsible at any time for objects forgotten on partner buses, "THE USERS" accept that the care of their belongings is their responsibility.

XXIV. CANCELLATION AND PENALTIES POLICY.

"THE USERS" agree to be fully and unreservedly subject to the cancellation policies and penalties provided in this section. In the event that any user does not accept or does not agree with the cancellation and penalty policy established herein, they must refrain from using "THE DIGITAL MEDIA", "THE SERVICES", and "THE PLATFORM", as well as reserving, buying travel or board a unit.

·      Returns for reasons attributable to "KOLORS" or "THE ALLIES".

Refunds will apply only when there is a cancellation by "THE ALLIES" or "KOLORS", derived from operational changes that may take place in accordance with the provisions of these terms and conditions, "KOLORS" will refund the amount disbursed by "THE USER”, as follows:

Payment services will manage the refund of the fully amount, in the same banking institution from which "THE USER" made the payment.

To conclude the return process through the bank aggregator, it will generate an "ID" code that "KOLORS" will provide to "THE USER" through his email that he provided when registering on the "KOLORS" platform, with so that you can follow up with your banking institution, until the moment the refund is reflected in your means of payment.

The return process can range between 3 (three) and 60 (sixty) days, according to the processing times of the payment services.

"THE ALLY" will be solely responsible to "THE USERS" for the provision of independent transport services, such as, but not limited to, in the case of delays, cancellations, accidents and other mishaps related to the services. of "THE ALLIES" who are independent passenger federal motor transport service providers.

In this act, "THE USERS" renounce to claim to "KOLORS" any concept for said independent transport services.

The User grants his consent for "KOLORS" to make the additional charges that were necessary when "THE USER" causes any damage to "KOLORS" or to any ally (hereinafter "THE PENALTIES"), including but not limited to, when "THE USER" soils, stains, pours or spills any liquid or substance in the vehicles or units of the Independent Carriers or damages in any other way, as indicated in the special cleaning section.

Charges will be made with the same payment method "THE USER" registered on the website or application.

Certain Penalties (applicable to specific harmful events) will be published in "THE DIGITAL MEDIA". However, based on the seriousness of the matter, the penalties may be determined on a case-by-case basis, based on the report and opinion issued by "THE ALLY" affected and other necessary circumstances to determine and quantify the damage caused to the units or to anyone.

Cancellations. - "THE USERS" who have made a purchase through digital or physical means and who wish to make any change must do so at least 2 (two) hours before the departure time indicated in their confirmation email, If you fail to comply with the previous time, no change or modification can be made to the reservation or purchase.

"THE USER" who wishes to make changes or modifications to the purchase for reasons beyond "KOLORS" or its allies, that is, who wishes to modify or cancel the ticket for reasons attributable to the user, will be charged 10% (TEN PERCENT) of the value of the ticket to be able to make the change, either by date or time, which will be subject to availability at the time of the change.

If "THE USER" decides to cancel the purchased ticket, for reasons attributable to the user, that is, by his decision, neither "KOLORS" nor "THE ALLY" will be obliged to make any refund. Likewise, it will be cause for a penalty for the user who has made a reservation through "THE DIGITAL MEDIA" and does not go to the trip, which may range from restricting new reservations and purchases to a penalty for 50% (FIFTY PERCENT) of the ticket plus its cost.

Reservations. - If "THE USER" chooses the option to book through the electronic media available from "KOLORS" and pay at the time of boarding, your reservation will be subject to availability according to the occupation of the tickets paid in advance.

Hours: If "THE USERS" do not follow times established in section XVII. OBLIGATIONS AND CONDUCT OF "THE USERS", regarding transfers (15 minutes in advance at the "KOLORS STOPS" of departure, for document review: digital purchase reservation number and valid official identification); and, in case of documenting luggage (25 minutes before the departure time marked on your ticket), you will not be entitled to a refund of the amount paid for the ticket, to any monetary compensation, discount, coupon, schedule change, change of date or no other.

Operational changes or force majeure, "KOLORS" and "THE ALLIES" may make changes in:

·      Departure and arrival times,

·      Location of the "KOLORS STOPS" of destination and origin,

·      Tour schedules, and;

·      And any other that is necessary, according to the needs of "KOLORS" and "THE ALLIES", regarding the operational needs or force majeure that arise.

XXV. BAGGAGE.

·      Baggage documentation.

Each user can transport up to 35kg (THIRTY-FIVE KILOS) or 77.1616 lb (SEVENTY-SEVEN POINT ONE SIX ONE SIX POUNDS) in total baggage free, distributed exclusively as follows:

a.    Hand luggage: 1 (ONE) piece in the cabin with a maximum weight of 10 kg (TEN KILOS) OR 22.0462lb (TWENTY-TWO POINT ZERO FOUR HUNDRED SIXTY-TWO POUNDS) and that does not exceed dimensions up to 21.5 x 15.7 x 10 inches or 55 x 40 x 25 centimeters, which will fit in the cabin on the luggage rack above or below the seat).

b.    Checked baggage: 1 (ONE) piece with a maximum weight of 25kg (TWENTY-FIVE KILOS) or 55.1156lb (FIFTY-FIVE POINT THOUSAND ONE HUNDRED AND FIFTY-SIX POUNDS) and a maximum linear area of 158 centimeters or 62 inches.

 

Additional fees may apply, and additional luggage must cover the physical characteristics of the previous paragraphs.

Items for personal use, clothing and tools of an art or trade are considered luggage, which must be transported in suitcases, bags, boxes (except egg boxes).

"KOLORS" is not responsible for loss or damage of fragile objects, computers, electronics, communication or telephone equipment, household appliances, cash or documents, or valuables, as well as objects carried in the passenger cabin, all of the above is strictly responsibility of the passenger, only one handpiece per passenger is allowed in the passenger cabin.

Luggage travels under the sole responsibility of the passenger regardless of the route (intermediate stops). When the route has intermediate stops, other passenger may upload or unload baggage, the passenger is responsible to guard his baggage at all times.

It is strictly prohibited to transport solvents, gas tanks, paints, corrosives, explosives or weapons (only authorized personnel).

Food, seafood, and perishable items must be in thermal packaging and properly sealed for transportation and travel under the responsibility of the passenger.

The loading and unloading of baggage must be only at the KOLORS STOPS, it is prohibited to load or unload baggage in any other stop.

·      Pet transportation.

Only the following animals are accepted on board:

- Service dogs, with which the owner must travel.

- Official or rescue dogs with corresponding accreditation documentation, must travel in their carrier in the trunk of the bus.

Animals can only travel in the trunk of the bus in a rigid carrier (not fabric), sedated and under the full responsibility of "THE PASSENGER". At the discretion of "THE ALLY" (carrier), pets will not be accepted in routes longer than eight hours, when the existing or expected temperature at any point of the itinerary exceeds 30 degrees Celsius or 86 degrees Fahrenheit, only in case of brachycephalic dogs 23 degrees Celsius or 73 degrees Fahrenheit.

XXVI. NON-DISCRIMINATION POLICY.

"KOLORS" and its allies prohibit discrimination against "KOLORS" passengers, drivers or staff based on their race, religion, national origin, disability, sexual orientation, gender, marital status, gender identity, age, creed or any another feature protected under applicable federal or state law.

"KOLORS US LAUNCH"

Kolors offers 50% (FIFTY PERCENT) discount on all round trips ticket purchases on all routes published on the official KOLORS website, valid from December 15th to December 31st, 2022, to travel during the periods from December 15th, 2022, to January 30th, 2023.

The promo code will be shared on the official Kolors networks (Facebook, Google and via email).

Restrictions.

The coupon is valid for only one use per registered user only, on online and offline round trip purchases.

There are no changes, cancellations or refunds on purchases that have been made using this promotion.

The coupon will be subject to availability, it will depend on the places that have not been occupied with reservations paid by users.

The promotion will be valid from December 15th to December 31st, 2022, to travel during the periods from December 15th, 2022, to January 30th, 2023.

The coupon must be applied when making the purchase on the website, before paying by adding the coupon code in the "Coupon" section.

The availability of coupons is until sold out and the amount of stock is defined by Kolors.

The benefits of the ticket purchased under this promotion have the same benefits as a ticket purchased at the current regular price. No changes, cancellations or refunds apply.

The availability of coupons during the validity period will be determined by KOLORS, only during the established period, which will be for a single use per registered user.

The coupon is non-transferable and will not be valid or redeemable for cash.

The user assumes all responsibility in connection with the use of the coupon.

The coupon will have no residual value, so the user will not be able to request KOLORS to create a new coupon, they will not have the right to claim reimbursement for the residual value that could have been left unused.

The fare discount under this promotion does not apply to taxes, applicable fees or additional costs.

Coupon limit: 1,000 (ONE THOUSAND)

The coupon is not combinable with other current promotions.

Tickets purchased during this promotional period can only be used to travel during the following period: from December 15th, 2022, to January 30th, 2023.

 "KOLORS US LAUNCH"

Kolors offers 50% (FIFTY PERCENT) discount on all round trips ticket purchases on all routes published on the official KOLORS website, valid from December 15th, 2022, to January 17th, 2023, to travel during the periods from December 15th, 2022, to January 30th, 2023.

The promo code will be shared on the official Kolors networks (Facebook, Google and via email).

Restrictions.

The coupon is valid for only one use per registered user only, on online and offline round trip purchases.

There are no changes, cancellations or refunds on purchases that have been made using this promotion.

The coupon will be subject to availability, it will depend on the places that have not been occupied with reservations paid by users.

The promotion will be valid from December 15th, 2022, to January 17th, 2023, to travel during the periods from December 15th, 2022, to January 30th, 2023.

The coupon must be applied when making the purchase on the website, before paying by adding the coupon code in the "Coupon" section.

The availability of coupons is until sold out and the amount of stock is defined by Kolors.

The benefits of the ticket purchased under this promotion have the same benefits as a ticket purchased at the current regular price. No changes, cancellations or refunds apply.

The availability of coupons during the validity period will be determined by KOLORS, only during the established period, which will be for a single use per registered user.

The coupon is non-transferable and will not be valid or redeemable for cash.

The user assumes all responsibility in connection with the use of the coupon.

The coupon will have no residual value, so the user will not be able to request KOLORS to create a new coupon, they will not have the right to claim reimbursement for the residual value that could have been left unused.

The fare discount under this promotion does not apply to taxes, applicable fees or additional costs.

Coupon limit: 1,000 (ONE THOUSAND)

The coupon is not combinable with other current promotions.

Tickets purchased during this promotional period can only be used to travel during the following period: from December 15th, 2022, to January 30th, 2023.

"KOLORS 25 OFF"

Kolors offers 25% (TWENTY FIVE PERCENT) discount on all ticket purchases on all routes published on the official KOLORS website, valid from January 26th, 2023, to February 28, 2023, to travel during the periods from January 26th, 2023, to February 28, 2023.

The promo code will be shared on the official Kolors networks (Facebook, Google and via email).

Restrictions.

The coupon is valid for only one use per registered user only.

There are no changes, cancellations or refunds on purchases that have been made using this promotion.

The coupon will be subject to availability, it will depend on the places that have not been occupied with reservations paid by users.

The promotion will be valid from January 26th, 2023, to February 28, 2023, to travel during the periods from January 26th, 2023, to February 28, 2023.

The coupon must be applied when making the purchase on the website, before paying by adding the coupon code in the "Coupon" section.

The availability of coupons is until sold out and the amount of stock is defined by Kolors.

The benefits of the ticket purchased under this promotion have the same benefits as a ticket purchased at the current regular price. No changes, cancellations or refunds apply.

The availability of coupons during the validity period will be determined by KOLORS, only during the established period, which will be for a single use per registered user.

The coupon is non-transferable and will not be valid or redeemable for cash.

The user assumes all responsibility in connection with the use of the coupon.

The coupon will have no residual value, so the user will not be able to request KOLORS to create a new coupon, they will not have the right to claim reimbursement for the residual value that could have been left unused.

The fare discount under this promotion does not apply to taxes, applicable fees or additional costs.

Coupon limit: 1,000 (ONE THOUSAND)

The coupon is not combinable with other current promotions.

Tickets purchased during this promotional period can only be used to travel during the following period from January 26th, 2023, to February 28, 2023.