GENERAL CONDITIONS
Eixos & Milhas Unipessoal Lda, is a company dedicated, among other activities, to the collective transportation of children and has all the necessary legal qualifications, human resources, vehicles and systems required and inherent to the provision of this service.
FIRST CLAUSE
OBJECT
These general conditions regulate the collective transportation service for children up to the age of 16 provided by Eixos & Milhas Lda.
By signing a registration form, the Customer agrees to enter into a contract for the provision of services, which includes the Collective Transportation of Children service, in the form chosen by the Customer and governed by the provisions of this document.
These conditions apply to all services provided in Portugal.
CLAUSE TWO
VALIDITY AND TERMINATION
The service contract begins on the date agreed by the parties and ends at the end of each school year.
Unless otherwise provided for throughout these terms and conditions, either party may terminate the service contract entered into, provided that it expresses this wish at least one (1) month before the date on which it is due to take effect, failing which it shall be charged for the costs arising therefrom.
Termination of the Contract by the CUSTOMER does not exempt the payment of any outstanding amounts for which invoices have been issued or will be issued, in particular the amounts provided for in paragraph four of clause five.
THIRD CLAUSE
REGISTRATION
At the time of signing the registration form, the CLIENT undertakes to pay the registration fee, which is due for each child who is the object of the services provided.
Payment of the registration fee must be made before the start of the contracted service, using the payment method established between the two parties, and non-payment gives E&M the right not to provide any service.
The termination of the service contract, for whatever reason, implies the payment of a new subscription if the CLIENT wishes to subscribe again to any of E&M's services.
At each start of the school year, the customer must pay the registration fee, which is the guarantee that the service will be booked on the company's routes.
CLAUSE FOUR
PROVISION OF SERVICES DURING THE SCHOOL YEAR
Upon subscription to the service by the CLIENT, E&M will provide its service during the period from September to June, corresponding to the school year.
Under the terms of this clause, the CLIENT undertakes to pay the monthly fees in full for the months of September to June, in 10 equal and successive monthly installments, without prejudice to the provisions of the following paragraph and unless agreed between the Parties.
The monthly fee for the month of June must be paid by the CUSTOMER when the monthly fees for the first two months of the service are paid, and non-payment will result in the CUSTOMER being in arrears and, consequently, in breach of the service contract.
In the event of termination of the contract, regardless of the reason, the CLIENT is obliged to pay E&M the amount corresponding to the difference between the amount of the monthly fees that would have been due for the period actually elapsed and the amount of the monthly fees actually paid at the time, without prejudice to the payment of other expenses duly provided for in the price list in force.
CLAUSE FIVE
OPERATIONAL MANAGEMENT
E&M is not obliged to accept any changes to the route and/or timetable, and may not accept such changes, without incurring any liability and without any compensation to the CLIENT.
The cancellation of a specific E&M service does not prevent it from being invoiced and paid for, and determines the payment by the CLIENT of the costs provided for in the price list in the applicable cases, without prejudice to the imputation to the CLIENT of the losses caused to E&M by such facts.
However, when providing the Transport Service, E&M may change the route/routes, maintaining the collection point and the delivery point. As a result, the pick-up and delivery times may also be altered by E&M, which will be communicated to the CUSTOMER.
E&M will wait a maximum of 5 minutes for the CUSTOMER at the collection point, and the time will be counted from the moment the driver arrives at the collection point. After the stipulated 5 minutes, E&M has the right to leave the location without carrying out the service, and cannot be held responsible for this, nor is the CUSTOMER entitled to any compensation.
Services can be carried out by several drivers, with no one driver assigned to a specific route.
Any delays in collection or delivery for reasons not attributable to E&M, such as traffic, weather conditions, vehicle breakdown, among others, shall not entitle the CLIENT to any compensation.
CLAUSE SIX
PAYMENTS
The price of the service is set when the service is accepted and confirmed by E&M.
All amounts relating to the agreed provision of services are subject to the VAT rate in force at the time they are provided.
The CUSTOMER is responsible for paying all outstanding amounts, and may not claim that the service is provided by a third party or that the CUSTOMER is their interlocutor/intermediary.
Any suspension and/or impossibility of E&M providing the service, for reasons not attributable to E&M, shall not entitle the CLIENT to any credit for the service not provided. Or any compensation whatsoever.
In the event of late payment of any overdue invoice, E&M reserves the right to suspend the provision of services under this Contract immediately and without prior notice, without the CLIENT being entitled to any compensation whatsoever, without prejudice to charging the Client for all administrative expenses, travel and other costs incurred in the judicial and extrajudicial collection of such amounts, as provided for in the price list in force.
CLAUSE SEVEN
SERVICES INSTITUTIONS
This service can be provided in two ways: regular service or occasional service.
In the case of a regular service, the applicable terms and conditions will be those set out in the contract between E&M and the institution in question;
In the case of occasional service to institutions, the following conditions will apply:
• E&M is only bound to the service requested by the CLIENT once it has confirmed its availability for the service;
• Upon subscription to the service by the CLIENT, E&M will provide its service for a period not exceeding 30 (thirty) days.
Either party may terminate the service contract by notifying the other party at least 7 working days before the date on which it is due to take effect, unless the parties agree to change this period, failing which they will be charged for the costs arising from the non-communicated termination.
The quotation prepared by E&M is valid for a maximum of 3 working days, after which time a new quotation must be requested, unless otherwise agreed between the parties.
The CUSTOMER must pay 50% of the price of the service at the time the contract is awarded, in accordance with the invoice issued on the same date. Cancellation of the service does not imply a refund of the amount already paid. The remaining 50% must be paid by the day before the contracted service is provided.
Any requests for changes to the contracted service must be made by the CUSTOMER up to 2 working days before the service is provided. If the alteration involves a reduction in the number of seats and the CUSTOMER does not meet the deadline indicated in the previous paragraph, E&M will charge the full amount of the budget; if the alteration involves an increase in the number of seats, and the aforementioned deadline has been met, E&M will do everything in its power to accommodate the request, informing the CUSTOMER of the new budget for the extra seats.
CLAUSE EIGHT
DEFAULT AND TERMINATION
In addition to the other cases provided for by law, the Contract may be terminated, at the initiative of either Party, on the basis of the other Party's failure to comply with any obligation resulting from it, provided that the defaulting Party has been called upon and has not corrected the situation of non-compliance within 5 (five) working days of receipt of the communication, without prejudice to any compensation due under the general terms of the law.
CLAUSE NINE
AGREED DOMICILE
For all matters related to the contract, including the fulfillment of pecuniary obligations, both PARTIES agree to use the addresses indicated in the respective fields as their domicile.
A change of address by either PARTY must be communicated to the other party in writing (electronic communication with proof of receipt) within a maximum period of 30 days, otherwise the PARTY may not oppose such change to the counterparty.
TENTH CLAUSE
PROTECTION OF PERSONAL DATA
The personal data provided by the CLIENT will be collected and processed by E&M, in its capacity as data controller, and will be used solely and exclusively for the following purposes:
a) Execution and fulfillment of pre-contractual and contractual obligations;
b) Compliance with legal obligations;
c) Management of the contractual relationship with the CLIENT, in particular for the purposes of contact for administrative and/or operational reasons;
The personal data provided will be stored for the minimum period strictly necessary to fulfill the purposes set out in the previous paragraph, and will be deleted as soon as it is no longer necessary.
E&M undertakes to treat the personal data provided by the CLIENT with the utmost confidentiality and solely and exclusively for the purposes identified in the previous paragraph, implementing technical and organizational measures in order to protect personal data against accidental or unlawful destruction, accidental loss, alteration, dissemination or unauthorized access thereto.
The personal data provided by the CUSTOMER may be shared with E&M's suppliers or service providers, solely and exclusively for the fulfilment of the pre-contractual and contractual obligations assumed within the scope of this Contract, with the CUSTOMER guaranteeing that these entities are also equipped with technical and organizational measures to guarantee the total protection of the personal data provided and that they will only process the data for full compliance with the purposes inherent in the execution of the Contract.
E&M guarantees that it will never sell, lend or transfer personal data to third parties without their express and explicit consent to do so, and also undertakes to obtain the express consent of the CLIENT for the processing of personal data for purposes other than those described in paragraph 1 of this clause.
É garantido ao CLIENTE, enquanto titular de dados pessoais, o direito em aceder, retificar e apagar os dados pessoais, bem como o direito de limitar o tratamento dos seus dados pessoais, opor-se a tal tratamento e solicitar a portabilidade desses mesmos dados, bastando, para o efeito, entrar em contacto com a E&M através do e-mail, geral@eixos-e-milhas.pt.The CUSTOMER, as the holder of personal data, is guaranteed the right to access, rectify and erase personal data, as well as the right to limit the processing of their personal data, object to such processing and request the portability of such data, simply by contacting E&M by e-mail at geral@eixos-e-milhas.pt.
By signing this Contract, the CLIENT also confirms that they have read and accept E&M's Privacy Policy, which is always up to date at eixos-e-milhas.pt.
We are happy and willing to provide you with a solution that is completely tailored to your needs.