Last updated: 21 February 2025

CityXerpa Terms and Conditions

INDEX

I. About CityXerpa

1. About us
2. About the platform
3. Communications with CityXerpa

II. About the terms and conditions

1. Nature of the Terms and Conditions
2. Changes to the Terms and Conditions
3. Applicable law

III. General conditions of the CityXerpa platform

1. Acceptance of the Terms and Conditions
2. Registration and access to the application
3. User license and right to restrict access
4. Pricing policy and payment methods
5. Coupons and promotional codes
6. Limitation of liability
7. Restrictions on use
8. User reviews
9. Application updates
10. Intellectual and industrial property rights
11. Links to third-party websites
12. Data protection and cookies policy
13. Other important conditions

IV. Specific Conditions

A) Marketplace

1. Product and service information
2. “Pick Up” orders
3. Home delivery orders
4. Order cancellations
5. Returns and refunds
6. Undelivered orders
7. Address changes
8. Restricted items
9. Limitation of liability

B) Couriers

1. Service description
2. Specific conditions of “Anything you want”
3. Undelivered orders
4. User responsability

C) Move

1. Service description
2. Pricing policy
3. Route changes
4. No-show and trip cancellation
5. User responsibilities
6. Prohibitions and right of admission
7. Personal belongings
8. Accidents or breakdowns
9. Incidents

D) Experiencies

1. Service description
2. Activity booking
3. Activity execution
4. Payment policy
5. Changes and cancellations policy
6. Refunds
7. Personal data
8. Limitation of liability

E) CityXerpa Pay

1. Service description
2. Registration and access to CityXerpaPay
3. Conditions for generated Cashback
4. Refunds for products purchased with CityXerpa Pay and negative balance

F) eSIMs

1. Service description
2. Terms of use
3. Pricing policy
4. Refund and cancellation policy
5. Limitation of liability

ANNEX I .- Affiliated companies

I. About CityXerpa

1. About us

1.1. CityXerpa is a technology platform accessible through a mobile application (hereinafter, the “Platform“), which offers intermediation services between buyers and sellers of all kinds of products and services, freight and/or food transport services on behalf of third parties through remote orders, tourist operator and booking center services, as well as VTC services.

1.2. The CityXerpa platform is owned by the Andorran commercial company “XERPA, S.L.”, whose details are as follows:

• Company name: XERPA, S.L.
• Registered office: Av. Nacions Unides, 40, 1, Escaldes-Engordany (AD700)
• NRT: L-711201-Y
• Registration details: Number 16095, Book S-241, Pages 451–460.

1.3. XERPA, S.L. offers the different services of the Platform either directly or through its subsidiaries (identified in Annex I). Hereinafter, both “XERPA, S.L.” and its subsidiaries shall be referred to indistinctly as the “Company” or “CityXerpa”.

2. Sobre la plataforma

2.1. Users of the platform (hereinafter, the “Users”) can access the CityXerpa application (hereinafter, the “App”) through a personal registration process, whereby a CityXerpa user account is created, which is necessary in order to contract the various services offered.

2.2. CityXerpa offers its Users the following services:

a) Marketplace. Users can purchase products from third-party providers (CityXerpa “Partners”) and request their pick-up and delivery to the indicated address (“Delivery” mode), or choose to collect the order themselves from the Partner’s premises (“Pick-Up” mode). This category includes food and grocery products, among many others.

b) Courier. Users can also request CityXerpa to deliver packages on their behalf (“Courier” mode), as well as perform errands and/or purchase products in their name, and pick them up and deliver them to the specified addresses (“Anything you want” mode).

c) Move. Through the App, Users can hire transportation services via chauffeur-driven vehicles (“VFH”), both domestically and internationally.

d) Experiences. Through the App, Users can book various activities provided by third-party providers (the “Experiences”). CityXerpa acts as a booking center and intermediary platform between the User and the experience provider.

e) CityXerpa Pay. CityXerpa Pay is a payment method integrated within the CityXerpa digital platform and designed to carry out transactions between the Partner and their users or final consumers. CityXerpa offers its Users a “Cashback” or coupon for each transaction made through CityXerpa Pay, under the conditions established in these terms.

f) eSIMs. Through the App, Users can purchase electronic mobile SIM cards that provide instant internet access within the territory of the Principality of Andorra (hereinafter, the “eSIMs”).

3. Communications with CityXerpa

3.1. If you wish to contact CityXerpa, you can write to info@cityxerpa.com, or contact us through the “Contact CityXerpa” section available on the Platform.

3.2. Customer service hours are from 9:00 a.m. to 11:00 p.m., Monday to Sunday.

3.3. Any communication that CityXerpa needs to make to you in writing will be sent to the email address that the User provided during registration on the Platform.

II. About the Terms and Conditions

1. Nature of the Terms and Conditions

1.1. These Terms and Conditions govern the access and use of the Platform by its Users, within the framework of the services offered by CityXerpa.

1.2. These Terms and Conditions consist of:

a) The General Conditions (GCC), which apply to all services offered by CityXerpa through the Platform.

b) The Specific Conditions (SCC) of each service or category of service, which will prevail over the GCC, the latter applying subsidiarily in everything not regulated by the SCC.

1.3. These Terms and Conditions are of a purely commercial nature and under no circumstances can be considered a general or special employment relationship.

2. Changes to the Terms and Conditions

2.1. CityXerpa reserves the right to review and amend these Terms and Conditions at any time. Such amendments shall be binding upon Users once they have read and accepted them.

2.2. Any material changes to these Terms and Conditions will be notified to the User upon their next login to the App. The User must read and accept the updated terms in order to continue using the Platform.

2.3. Notwithstanding the above, non-material changes (such as updates, correction of typographical errors, or editorial modifications that do not entail substantial changes) will be communicated to the User via the email address provided during registration, so the User can review and take note of the changes made.

2.4. If the User does not agree with these Terms and Conditions or with any of their modifications and/or updates, they are kindly asked to cease using the Platform and delete the App from their mobile device.

3. Applicable Law

3.1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Principality of Andorra.

3.2. Any dispute arising from these Terms and Conditions shall be submitted to the jurisdiction of the Andorran Courts, with express waiver of any other jurisdiction.

3.3. Notwithstanding the above, CityXerpa reserves the right to take action in any other jurisdiction that may be competent, whether simultaneously or not, to the extent permitted by the laws of each jurisdiction.

III. General Conditions of the CityXerpa Platform

1. Acceptance of the Terms and Conditions

1.1. When the User accesses the CityXerpa application, they agree to comply with these Terms and Conditions, as well as any additional policy published on the Platform.

1.2. The User agrees to use the App legally and in accordance with these Terms and Conditions.

1.3. The App is intended for personal and non-commercial use by its Users, and commercial or resale use is prohibited. If you wish to make commercial use of the Platform, you may register as a CityXerpa Partner. CityXerpa is not responsible for any damage, loss of business, business interruption, or loss of business opportunity arising from normal or abnormal use of the Platform.

2. Registration, Access and Unsubscription from the Platform

2.1. The App is available free of charge.

2.2. To use the features of the App, the User must log in through a user account, which can be created with an email address provided by the User, or via the User’s Apple ID or Google account.

2.3. To be a User of the App, the following requirements must be met:

a) Be of legal age.

b) Complete all required fields of the registration form truthfully.

c) Carefully read and accept these Terms and Conditions before registration.

d) Carefully read and accept our Privacy Policy, Data Protection Policy, and Cookie Policy.

2.4. The User is responsible for providing truthful and complete information necessary to create and register their User account. CityXerpa reserves the right to suspend, temporarily or permanently, the user account if there are reasonable grounds to doubt the truthfulness or accuracy of the information provided.

2.5. Once all requirements are met and registration on the Platform is completed, CityXerpa will send the User a registration confirmation. All Users are informed that, in order to confirm registration, a verification and validation process of the provided phone number is required. This validation can be done via WhatsApp, SMS or phone call, and is carried out using the Twilio tool.

2.6. Upon registration in the App, the User will establish credentials, which are strictly confidential, personal, and non-transferable. The User is responsible for keeping their credentials confidential and taking the necessary steps to ensure secure access and use of the App.

2.7. If the User forgets their credentials, CityXerpa offers a password recovery process, which operates through the email provided during registration. If the User no longer has access to the email provided, CityXerpa may generate a new password, after verifying the User’s identity.

2.8. It is not permitted to register or access the App using another person’s account. If there is any suspicion that a third party is using or accessing the App through your account, we ask Users to change their credentials as soon as possible.

2.9. The User may voluntarily unsubscribe from the App at any time, provided that there are no outstanding charges at the time of unsubscribing. The unsubscription is done through the App.

3. License of Use and Reservation of Right of Access

3.1. CityXerpa grants the User a non-exclusive, non-transferable license to use the App on any mobile phone or other mobile device controlled by the User, provided that these Terms and Conditions, as well as any other policy published on the Platform, are respected and complied with.

3.2. If there are reasonable grounds to believe that the User has violated these Terms and Conditions, or any of our policies, CityXerpa reserves the right to take appropriate measures, including but not limited to:

a) Notifying the User via App notification or email.

b) Immediate, temporary, or permanent removal of their right to use the App through suspension and/or cancellation of their User account.

c) Any corresponding legal actions.

3.3. If your right to use the App is permanently removed, we ask that you delete it from any mobile device and do not register or attempt to access it using other User accounts.

4. Pricing Policy and Payment Methods

4.1. CityXerpa’s pricing policy is specific to each service category offered and is described at all times on the Platform. Depending on the service, the total amount of the order may include the price of the products and services purchased, plus the cost of management and/or delivery charges if applicable. CityXerpa undertakes in all cases to inform clearly and concisely of the full price of the goods and services, including all taxes, without misleading or deceiving.

4.2. CityXerpa reserves the right to change the prices of any of the services offered through the Platform at any time and without prior notice to its Users.

4.3. In order to contract the services of the Platform, the User must provide the data corresponding to the payment method they wish to use, which will be stored and processed in accordance with our Data Protection Policy.

4.4. CityXerpa contracts payment services from third-party providers, so the necessary data is shared with these providers, who store and process the data in accordance with applicable laws. The processing of shared data is governed by the corresponding contracts and/or commercial agreements between CityXerpa and the third-party providers.

4.5. CityXerpa cannot guarantee the identity of registered Users, so the User is obligated to notify CityXerpa if they have evidence that their card or payment method associated with their profile has been stolen and/or is being used fraudulently by a third party. The User is responsible for taking the necessary measures to safeguard and maintain the confidentiality of their payment methods. CityXerpa is not responsible if the User falls victim to theft, fraud, scam, or illegal or improper use.

4.6. In the event of theft, fraud, scam, or misuse of payment methods in the App, CityXerpa, along with its payment providers, will make their best efforts to block future payments when properly requested by the User. Notwithstanding the foregoing, CityXerpa is not obliged to conduct any investigation into the fraudulent use of payment methods. CityXerpa recommends that all Users, in the event of suspected theft or misuse of their card or payment method, contact the police. If necessary, CityXerpa undertakes to cooperate with the competent authorities to provide evidence of any improperly charged amount.

5. Coupons and Promotional Codes

5.1. CityXerpa offers coupons or promotional codes aimed at encouraging the use of the Platform, applicable to the different categories of services offered on the Platform.

5.2. Coupons or promotional codes may differ for each category of service offered and may vary in their amount or percentage. The conditions for using the coupons and/or promotional codes active at any given time will always be informed within the App.

5.3. The aforementioned coupons and/or promotional codes always have a limited duration, which will be informed in each case, and do not generate any acquired rights for the Consumer. Additionally, CityXerpa reserves the right to cancel or reduce the value of coupons, invitations, and promotions at any time.

5.4. The User is responsible for correctly applying the coupons and promotional codes they are entitled to during the purchase or service contracting process.

5.5. In case of a refund or cancellation of an order or service, the value of the coupon or promotional code used will not be refunded, unless expressly stated otherwise.

5.6. It is strictly prohibited for a User to create multiple CityXerpa accounts or share an electronic payment method with other Users in order to unduly benefit from discounts and invitations, which is considered abusive use.

5.7. Any misuse or abuse of coupons or promotional codes, whether by falsification or abuse of a technical error not reported to CityXerpa, will result in suspension of the user account, in addition to the possibility of claiming the amounts due arising from unjust enrichment.

5.8. Users are informed that coupons or promotional codes are subject to a quantitative limit of €150 discount per user account. If the discounts derived from these coupons and promotional codes exceed the established limit, CityXerpa reserves the right to disable the coupon or code.

6. Limitation of Liability

6.1. CityXerpa does not guarantee that the App or any of its content will always be available or free from interruptions, free of errors or viruses, completely accurate, or always up to date.

6.2. CityXerpa reserves the right to suspend, withdraw, interrupt, or modify the App, either entirely or in any of its modalities, without prior notice to Users.

6.3. CityXerpa is not responsible towards Users if, for any reason, the App is not available for use at any time or for any period.

6.4. CityXerpa is not liable for direct, indirect, incidental, or consequential damages resulting from the use of the App, including User data loss or interruption of the App service. The User will indemnify CityXerpa from any claim arising from their use of the application.

6.6. CityXerpa is not responsible for any failure or delay in fulfilling its obligations due to any event or circumstance beyond its reasonable control, including failures in public or private telecommunications networks.

6.7. The User acknowledges that the App has not been developed to meet their specific needs and is responsible for ensuring that the features and functionalities of the Platform satisfy their needs.

6.8. To the extent permitted by law, CityXerpa excludes all warranties and representations that may apply to the Application and/or any content thereof, whether express or implied.

7. Usage Restrictions

7.1. Users are fully responsible for the proper use or access to their profile and other contents of the App, in accordance with current legislation, as well as principles of good faith, morality, generally accepted customs, and public order.

7.2. To enjoy the right to use the application, the User agrees to:

a) Not copy the application or its content, except when such copying is necessary to report any incident directed to CityXerpa.

b) Not sell, rent, lease, sublicense, lend, translate, adapt, vary or modify the application or its content.

c) Not combine or incorporate the application into other programs, either wholly or partially.

d) Not damage or alter any part of the application, equipment, or network where the application is stored, nor any software used during its operation.

e) Not disassemble, decompile, reverse engineer, or create derivative works based on the application.

f) Not provide or make available to a third party any essential information of the application (including object code and source code, if accessible).

g) Not use the application unlawfully, nor act fraudulently or maliciously.

h) Not use the application to collect and/or deliver any dangerous and/or illegal items.

i) Not use the application in a way that may damage, disable, overload, harm, or compromise our security systems.

j) Not collect or gather information or data from our systems, or attempt to decipher any transmission from our servers.

k) Not access other Users’ accounts.

l) Generally, not carry out actions contrary or harmful to the interests of CityXerpa or third parties in general.

7.3. Likewise, in all communications the User has with CityXerpa, whether through the App or other communication channels, the User agrees to:

a) Not make inappropriate, obscene, offensive, threatening comments or incite hatred.

b) Not make comments that could harass, upset, embarrass, defame, alarm, or annoy any third party.

c) Not promote violence.

d) Not send or publish content promoting discrimination based on race, sex, religion, nationality, sexual orientation, age, or any other type of discrimination.

e) Not send or publish sexually explicit content.

f) Not infringe intellectual property rights of any third party.

g) Not promote or allow illegal or unlawful activities, scams, or fraud.

7.4. Any User may notify CityXerpa of any abuse or violation of these Terms and Conditions through the Contact section of the App. CityXerpa will verify the claims made as soon as possible and will take the appropriate measures, reserving the right to delete or suspend any user account of the App, resulting from a breach of these Terms and Conditions, without prior notice to the offending User.

8. User Reviews

8.1. CityXerpa may collect feedback from Users related to the products and services offered on the Platform, either directly by CityXerpa or by third-party collaborators identified as “Partners” of CityXerpa.

8.2. User feedback is considered non-confidential and not subject to intellectual property rights, with CityXerpa having the right to use, copy, distribute, and disclose it to other Users or Partners, without any liability or payment or recognition of any kind to the User, in accordance with CityXerpa’s Privacy Policy.

8.3. The User agrees, when providing feedback, to express their opinion respectfully, provide truthful and accurate data, and not make offensive, abusive, discriminatory, or false comments. CityXerpa reserves the right to filter User comments and remove those that do not meet the stated requirements.

8.4. CityXerpa reserves the right to disclose the identity of the User to any third party regarding whom comments have been made through the Platform, aiming to continuously improve the functioning of the Platform.

9. Application Update

9.1. CityXerpa reserves the right to modify and update the App and/or its content at any time, without prior notice to its Users.

9.2. Continued use of the App by the User after each update and/or modification constitutes acceptance of the changes made.

9.3. The User is responsible for having sufficient technical means to download the updated versions of the App, when applicable. The User may not be able to use the Platform until the latest valid version of the App has been downloaded.

10. Intellectual and Industrial Property Rights

10.1. All intellectual and industrial property rights related to the Platform belong to the Company, or to its licensors and/or collaborators, including the technology used and the CityXerpa trademark.

10.2. The texts, images, videos, and any other content displayed on the Platform are the exclusive property of the Company and/or its collaborators, who have duly authorized the Company.

10.3. The User only holds the right to use the Platform, which must be exercised in accordance with these Terms and Conditions, the particular conditions, and the applicable regulations in each case.

10.4. Users accept that the use of the Platform by the User does not imply the transfer of any intellectual and/or industrial property rights, copyrights, trademarks, designs, or others over the Platform or any other third-party collaborator.

10.5. It is prohibited to reproduce, distribute, or create derivative works from the contents of the Platform without prior written authorization from CityXerpa.

11. Links to Third-Party Websites

11.1. The Platform may contain links to other websites, social networks, and/or third-party applications, over which it exercises no control and is not responsible in any case for their content, operation, and/or use by Users.

12. Data Protection and Cookie Policy

12.1. The Company commits to protecting personal data provided by Users and using it in accordance with the law in force at all times, provided that Users have given their express consent to the processing of such data.

12.2. For more information about personal data protection, Users may consult the Privacy Policy and Cookie Policy used on the Platform.

13. Other Important Conditions

13.1. CityXerpa reserves the right to assign the rights and obligations regulated under these Terms and Conditions to any third-party company linked directly or indirectly, or through the corresponding contracts or commercial agreements.

13.2. Each of the terms and conditions regulated in this text operates individually and separately. If any provision is considered invalid, null, or unenforceable, the rest of the Terms and Conditions will not be affected.

IV. Specific Conditions

A. Marketplace

1. Information about products and services

1.1. The User is aware and accepts that the descriptions, prices, and photographs of the products and services available on the App are provided based on the information and documentation supplied by CityXerpa’s Partners, therefore CityXerpa offers no guarantee against possible inaccuracies in such descriptions, prices, and/or photographs.

1.2. CityXerpa reserves the right to remove any product from its App, as well as modify the content of its information sheet at any time, without incurring any liability and without prior notice to the User.

1.3. The User accepts that all products shown in the App are subject to the Partner’s availability, also accepting the possibility that during the order process, the product may no longer be available.

2. “Pick Up” Orders

2.1. Users have the option to request a variety of products and services from certain Partners through the App and physically pick up the orders at the corresponding Establishment. This option will only be available at those establishments for which it has been enabled on the Platform, according to the commercial relationship between CityXerpa and the Partner. The User is aware that if the order is requested under the “Pick Up” modality, CityXerpa will not proceed with home delivery.

2.2. CityXerpa may enable, disable, or include new features related to “Pick Up” orders unilaterally and at any time, duly informing through the App.

3. Home Delivery Orders

3.1. Users have the option to request, through the App, a variety of products and services from certain Partners and, additionally, request their delivery by CityXerpa to the address indicated by the User, within schedules established on the Platform. This option will only be available at those establishments for which it has been enabled on the Platform, according to the commercial relationship between CityXerpa and the Partner.

3.2. The User is aware that each establishment may have different enabled delivery zones, and if their delivery address is outside the Partner’s delivery zone, the User will not have the “home delivery” option enabled. CityXerpa reserves the right to modify, at any time and without prior notice, the delivery zones of each Partner.

3.3. CityXerpa commits to inform the User about the status of their order at all times, through the Platform and, additionally, if appropriate, via the User’s email. Without prejudice to the above, it is understood that the pickup and delivery times shown on the Platform are indicative and may be subject to changes, which will always be communicated through the App.

3.4. CityXerpa reserves the right to assign each order to the corresponding employee, according to its internal organization, and neither the User nor the Establishment can choose or veto a specific delivery person.

3.5. In case of delay and/or any problem with the delivery of an order, the User must contact CityXerpa.

3.6. The User is aware and accepts that if the order is requested under the “home delivery” modality, they must pay transportation costs and/or service fees, which will always be indicated through the App, transparently and separately from the cost of the products purchased, always before making the payment for each order.

3.7. Likewise, the User is aware that there may be minimum order amounts required by the App, below which an order cannot be placed, or minimum transportation fees that must be paid regardless of the delivery distance. These minimum amounts, if applicable, will be clearly and concisely informed in the App, always before making the payment for any order.

3.8. CityXerpa reserves the right to modify the economic conditions described in this clause, as well as to include, enable, or remove new fees and/or costs, as long as it is duly indicated in each order, without prior notice, always clearly and concisely before the User makes the payment.

4. Order Cancellation

4.1. CityXerpa commits to keep the User informed through the App at all times about the preparation status of their order.

4.2. Cancellation of an order is only possible when it is not yet being prepared by the Establishment, except for orders made under the “Supermarket” category, which cannot be canceled once paid. Cancellation of an order that is not yet being prepared by the Establishment, i.e., still pending acceptance, involves no cost for the User and is done through the Platform.

4.3. For managing the incidents established in this clause, CityXerpa has a Customer Service which the User can contact either by email at support@cityxerpa.com or through the App.

5. Returns and Refunds

5.1. CityXerpa’s return and refund policy varies depending on the nature of the product purchased (distinguishing between consumable products and durable products), as well as the policy established by CityXerpa’s own Partner.

5.2. When the purchased products are consumable (e.g., food products), all Users are informed that:

a) As a general rule, it is not possible to make returns or request refunds for consumable products purchased through the App.

b) In case the order arrives to the User in poor condition, the User can request a refund of the price paid for the products, totally or partially, following the procedure established in clause 5.6.

c) When the received order is incorrect, totally or partially, the User may request the return of the product and/or a refund of the product price, following the procedure established in clause 5.6.

d) When the received order is incomplete, the User can contact our Customer Service to request the missing part of the order.

5.3. When the purchased products are durable, the User may request the return and refund of the product price, provided the Partner allows it according to their return policy. In any case, the procedure for requesting the return and/or refund will be the one established in Clause 5.6.

5.4. It is understood that, in the case of a refund of any product (consumable or non-consumable), CityXerpa will refund the product amount but not the transportation or service cost.

5.5. Repair and replacement of orders in poor condition and/or incorrect are free of charge for Consumers, including all costs necessary to restore conformity, provided the User duly proves that the non-conformity is justified. In all other cases, the User will be responsible for the transport cost of the return, if permitted.

5.6. For managing incidents established in this clause, CityXerpa has a Customer Service which the User can contact either by email at support@cityxerpa.com or through the App. Our Customer Service will register the incident as soon as they receive communication from the User and will request, if necessary, the documentation needed to verify that the User has the right to the requested return and/or refund. If the verification process is satisfactory, CityXerpa will take the measures it deems appropriate to resolve the incident.

6. Undelivered Products

6.1. The User is responsible for being available to receive the requested order at the indicated delivery address, within the times indicated by CityXerpa through the Platform.

6.2. CityXerpa will not be responsible for any damage or loss of the order if the Consumer is not at the indicated delivery address and delivery time shown through the Platform, without prejudice to the following provisions.

6.3. For the “Restaurants” category, an order is considered “LATE” if delivery occurs with a delay of more than THIRTY (30) minutes compared to the interval indicated through the App at the time of ordering. Outside this case, the delivery is considered within the “ACCEPTABLE” interval. In this context:

a) If delivery is attempted within the acceptable interval but the User is absent at the time of delivery, CityXerpa will reschedule the delivery as soon as possible, with the User responsible for transportation costs. In this case, CityXerpa is not responsible for the condition and/or temperature of the order.

b) If delivery is attempted late and the User is absent at the time of delivery, CityXerpa will proceed with refund and/or compensation (to be confirmed depending on the specific case), after managing the incident according to Clause 5.6.

6.4. For other Marketplace categories (Stores, Supermarket, Pets, etc.), an order is considered “LATE” if delivery occurs with a delay of more than TWO (2) hours compared to the interval indicated through the App at the time of ordering. Outside this case, delivery is considered within the ACCEPTABLE interval. In this context:

a) If delivery is attempted within the acceptable interval but the User is absent at the time of delivery, CityXerpa will reschedule delivery within the next 24 hours, with the User responsible for transportation and management costs.

b) If delivery is attempted late and the User is absent at the time of delivery, CityXerpa will reschedule delivery free of charge within the 24 hours following the order.

6.5. In any case, CityXerpa will keep the order at its premises for a maximum period of 48 hours, after which, if delivery could not be made, the order will be canceled, and the Customer will have no right to claim any refund.

6.6. For the management of the incidents established in this clause, the procedure set forth in Clause 5.6 will be followed.

7. Address Changes

7.1. The User can only modify the delivery address free of charge when the order has not yet been assigned to any delivery person. From the moment the order is assigned to the delivery person, any address modification may entail an additional charge that the Consumer must pay, having been previously informed accordingly.

7.2. In any case, it is not possible to modify the delivery address, with or without surcharge, when the new address implies a change in the geographic delivery zone, and delivery within the new geographic zone is not enabled. In such a case, the order will be delivered to the originally indicated address.

8. Restricted Items

8.1. The purchase of alcohol and/or tobacco is prohibited for minors under 18 years of age. At the time of purchase, the User declares that they are of legal age, so CityXerpa reserves the right to refuse delivery of the purchased product if the recipient does not prove legal age with an official identity document. This clause shall equally apply to any other product and/or analogous service reserved for legal age according to the legislation in force at any given time.

8.2. The purchase of prescription medications is not permitted. CityXerpa guarantees Users pharmaceutical advice before requesting their medications. The User will find the information of the pharmacy owning the product clearly before placing the order, to be able to consult any questions about the acquired products.

9. Limitation of Liability

9.1. Generally, for all Marketplace categories:

a) The User is responsible for ordering the service and/or product that suits their needs.

b) The User agrees not to acquire any product or service that is prohibited by law and/or unauthorized for them (for example, if they do not meet the minimum age requirement for consumption of certain items).

c) CityXerpa reserves the right to request documentation to proceed with the delivery of any order.

d) The User is responsible for the use made of the products and services purchased.

B. Couriers

1. Description of Services

1.1. Users can request CityXerpa to perform package deliveries within the Andorran territory (service called “Courier”), as well as to carry out errands and/or purchase products on their behalf, and pick them up and deliver them to the specified addresses (service called “Whatever you want”). The shipping services described are subject to the conditions established in these Terms and Conditions.

1.2. CityXerpa acts as an agent, being responsible only for the collection and delivery of the products indicated by the User.

1.3. The User is responsible for correctly indicating the pickup, purchase, and/or delivery data of any package, including addresses, recipient, size of the items, and any other relevant indication.

1.4. The prices associated with each shipping service are clearly and concisely shown in the App, always displayed before payment of each order.

1.5. Packages transported under the Shipping category must comply with the following limits:

• Size: 40cm x 40cm x 40cm
• Weight: 12kg

1.6. CityXerpa reserves the right to modify, include, and/or remove any modality or condition related to the service provided, without prior notice to the User, as long as these changes are duly indicated through the Platform.

2. Specific Conditions of “Whatever you want”

2.1. Under the “Whatever you want” modality, the User gives CityXerpa the order to purchase any product and deliver it to the address indicated by the consumer.

2.2. In case payment for the products to a third-party seller is necessary, the User agrees that CityXerpa pays, on their behalf, the amount corresponding to the purchased items.

2.3. The amount paid for the purchased products, along with the amount corresponding to the price of the pickup and delivery service, will be charged directly to the Consumer’s card registered in their user account. No package will be delivered if the Consumer has not previously paid the amount of the purchased products, as well as the price of the pickup and delivery service.

2.4. The return of any item purchased through this service will be subject to the return policy established by each seller and must be managed by the User directly with each seller.

2.5. The User has the right to receive the purchase receipt of the acquired products. If needed, the User can request it from CityXerpa’s Customer Service.

2.6. The Client is responsible for indicating the establishment where the requested product should be purchased, as well as for verifying that it is available for sale and that the establishment is open to the public at the indicated time. If a “Whatever you want” order cannot be picked up due to product availability or the commercial hours of the establishment, CityXerpa reserves the right to charge the User 50% of the transportation cost.

3. Undelivered Orders

3.1. A Shipment is considered delivered “LATE” if the delivery occurs with a difference greater than TWO (2) hours compared to the time interval indicated through the App at the moment of scheduling the shipment. Outside this case, the delivery is considered to be made within the ACCEPTABLE interval.

3.2. In this context:

a) If the order is attempted to be delivered within the ACCEPTABLE schedule, but the Client is absent at the indicated place and time, CityXerpa will reschedule the shipment, charging the Client the transportation cost.

b) If the order is attempted to be delivered outside the ACCEPTABLE schedule, but the Client is absent, CityXerpa will reschedule the shipment at no cost to the User.

3.3. CityXerpa will strive to meet the requested pickup and delivery schedules, although it does not assume responsibility for any shipment delays.

3.4. For the management of incidents established in this clause, CityXerpa has a Customer Service that the User can contact either via email at support@cityxerpa.com or through the App. Our Customer Service will record the incident as soon as it receives communication from the User and will request, if necessary, the documentation needed to verify that the User is entitled to the requested refund and/or reimbursement. If the verification process is satisfactory, CityXerpa will take the measures it deems appropriate to resolve the incident.

4. User Responsibility

4.1. The User agrees to make proper use of this service, refraining from carrying out illegal, illicit, immoral and/or public order violating behaviors through the Platform. By way of example and not limitation, the User agrees not to transport and/or order the purchase of the following prohibited materials:

a) Animals, animal parts or animal fluids.

b) Prohibited seeds, harmful plants, plants or other regulated organisms (including all their derivatives), endangered plants.

c) Child pornography or any material that may be perceived as pedophilia.

d) Unauthorized copies of books, music, movies and other materials protected by intellectual property rights.

e) Counterfeits, replicas or imitations of designer goods or other unauthorized goods.

f) Devices or tools to unlock security measures, such as modems, chips or other devices to dismantle technical protection measures, as well as digital devices.

g) Drugs and all types of narcotic materials, as well as products promoting their use.

h) Organs or other body parts, bodily fluids, embryos.

i) Stolen or illegal goods, or goods related to any illegal act or conduct.

j) Illegal telecommunications equipment.

k) Weapons, ammunition or other similar objects, including but not limited to firearms, knives, martial arts weapons, silencers.

l) Materials classified as explosives under current legislation, unstable chemical compositions, pyrotechnic devices, and any other material classified as dangerous under national and/or international regulations.

4.2. CityXerpa reserves the right to require the User to identify themselves with an official document if necessary for the delivery of any product.

C. CityXerpa Move

1. Description of Services

1.1. Through the Application, CityXerpa provides the User with a transportation service via vehicles with driver (VHT), both within and outside the Andorran territory, which is regulated by the conditions established in these Terms and Conditions, as well as by the information displayed at all times through the Application.

1.2. Through the App, the User will be able to see which vehicles and which destinations CityXerpa offers at any given time, as well as which transportation modalities.

1.3. The User is responsible for correctly indicating the pickup data, destination, and other characteristics of the contracted transportation service, including addresses, number of passengers, need for space for luggage and/or pets, as well as any other relevant indication.

1.4. CityXerpa reserves the right to modify, include and/or remove any modality or condition related to the service provided, without the need for prior notice to the User, as long as such changes are duly indicated through the Platform.

1.5. CityXerpa commits to ensuring that the User has a calm and satisfactory experience, taking all necessary measures to guarantee the integrity and safety of Users and drivers.

2. Pricing Policy

2.1. Transportation rates, their updates, and terms of use will be available at all times in the Application and are subject to possible modifications. It is recommended that the User periodically access the Application to know the applicable rates at any given time.

2.2. The User agrees that during periods of higher demand, a variable additional cost will be charged. This additional cost will be included in the final price and will always be clearly and concisely displayed before making any payment.

2.3. At the moment the User requests the Service through the Application, they will be able to consult an estimate of the trip price (which will include the trip cost, any management fees, applicable taxes, and charges), which will be shown whenever the User has included the destination point. Any discrepancy between this estimated price and the final price charged to the User will be due to the User modifying the requested trip route, as well as the time the User makes the driver wait once the driver arrives at the indicated pickup point.

2.4. The rates applicable to the Service will be charged to the User at the start of the trip, automatically, through the credit card data provided by the User in the Registration Form. CityXerpa reserves the right to validate the payment method. Charged rates are non-refundable, except in case of technical error by CityXerpa.

2.5. CityXerpa reserves the right to charge additional costs to Users if, for reasons beyond the driver’s control, the trip duration or distance has increased compared to the originally requested trip.

3. Route Changes

3.1. CityXerpa assigns a driver and calculates the route from the pickup point to the indicated destination in the most optimal way possible, through its application. For this reason, it is not allowed to change the route or the assigned driver, nor to request stops from the driver.

3.2. CityXerpa will ensure to provide the service within the requested schedules, indicating in any case through the App any modification in the schedule and/or other trip conditions.

3.3. In case of adverse weather conditions, CityXerpa reserves the right to change the pickup or destination point, or to opt for trip cancellation, in order to ensure the safety of both Users and drivers.

3.4. CityXerpa is not responsible for any consequences to the User caused by any delay and/or cancellation of the contracted trip, for whatever reason.

4. No-Show and Trip Cancellations

4.1. Cancellation of a requested trip by the User will entail a cost for the User, which will be indicated in the Application, provided a driver has been assigned for the requested trip, and more than FIVE (5) minutes have passed since the driver started the route to the pickup point.

4.2. If the User requests a trip and does not show up at the pickup point within FIVE (5) minutes, CityXerpa reserves the right to cancel the trip and charge the User an amount corresponding to 50% of the trip price.

5. User Responsibilities

5.1. By using the transportation service, the User accepts these Terms and Conditions, and acknowledges that:

a) They are responsible for indicating the specific details of the transportation contracted and for ensuring that they request a vehicle suitable for their requirements regarding vehicle capacity in terms of passengers, luggage size, personal items to transport, accessibility, as well as any other accessory they may require.

b) They are responsible for presenting themselves within the requested schedule and at the pickup point.

c) They are responsible for verifying the vehicle data picking them up, ensuring that it matches the trip assigned in the App.

5.2. The User acknowledges and accepts that if they require any accessory for transportation that CityXerpa does not offer (e.g., a baby seat), the User must bring it to board the vehicle, always complying with all applicable safety measures.

5.3. The User will notify CityXerpa if traveling with animals, requesting a suitable vehicle and committing in any case to comply with all necessary safety measures. The User acknowledges and accepts that the animal is exclusively their responsibility.

5.4. The User agrees not to request any trip that is prohibited or unauthorized for them (for example, if they are forbidden to leave the country).

5.5. If the User requests a vehicle unsuitable for their requirements or not authorized for them, CityXerpa reserves the right to charge the User 50% of the trip price if, upon the vehicle’s arrival at the pickup address, the User does not start the trip for reasons attributable to them.

5.6. The User declares to hold CityXerpa harmless from any claim against it, its parent company, directors, partners, employees, lawyers, and agents arising from (i) the User’s breach of any provision contained in these Terms and Conditions or any applicable laws or regulations, (ii) the breach or violation of third-party rights including, but not limited to, CityXerpa drivers, other drivers, and pedestrians, (iii) any damage or harm caused by the User and/or their companions in the use of the Service to a third party, and (iv) any misuse of the Application and/or Website.

6. Prohibtions and Right of Admission

6.1. The User expressly agrees to behave during the trip according to morality, good customs, and public order. Therefore, the User accepts that during the provision of the transportation service, it is expressly prohibited to:

a) Smoke and/or consume alcohol or drugs in the vehicle.

b) Shout, insult, or disrespect the vehicle driver or other passengers in any way.

c) Cause damage to the vehicle.

d) Engage in any conduct contrary to public order.

6.2. In case these circumstances occur, the User accepts that the driver may require them to cease the prohibited conduct or immediately terminate the requested trip.

6.3. Moreover, CityXerpa reserves the right to charge penalties to Users who act against morality, good customs, and public order during the trip, as well as to those Users who cause any type of damage to the carriers’ vehicles during the provision of the transportation service.

6.4. Specifically, if, as a result of the User’s conduct, the vehicle requires cleaning service, CityXerpa reserves the right to impose the following penalties on the User:

a) If the damages caused to the vehicle are minor, the amount of €50 as standard cleaning fee.

b) If the damages caused require special treatments or put the vehicle out of service for several hours, the amount of €100 as deep cleaning fee.

7. Personal belongings

7.1. The User is responsible for all their personal belongings and agrees not to bring any illegal, illicit object or anything against morality or public order into the vehicle.

7.2. Users must remove all their personal belongings from the vehicle once the trip is finished. CityXerpa will not be responsible for the loss or misplacement of personal belongings, although it will provide any help or information that could expedite their recovery.

7.3. To facilitate such recovery, CityXerpa makes available to the User a Contact form through the Application.

8. Accidents or Breakdowns

8.1. The User understands that the transportation service may be potentially dangerous, harmful, or detrimental to the User, given the inherent risks of the transportation activity itself, and that they undertake this activity at their own risk and responsibility.

8.2. CityXerpa ensures it maintains high levels of control of all necessary safety measures to guarantee satisfactory transportation for the User.

8.3. CityXerpa declares that all its vehicles comply with current legislation, and all its drivers have the corresponding permits to perform the transportation activity.

8.4. CityXerpa has established internal protocols in case of an accident or vehicle breakdown during service provision, aiming to resolve incidents as efficiently as possible.

9. Incidents

9.1. For managing incidents established in this clause, CityXerpa has a Customer Service which the User can contact through the Application. Our Customer Service will record the incident as soon as it receives communication from the User and will request, if necessary, the required documentation to verify the incident. If the verification process is satisfactory, CityXerpa will take appropriate measures to resolve the incident.

D) Experiences

1. Service Description

1.1. hrough the Application, the User can view and contract a variety of tourist services and activities (the “Experiences“) from different providers with whom CityXerpa maintains the corresponding commercial relationships (the “Experience Partners“).

1.2. When the User contracts an experience, the contract for the provision of the activity (the “Service Agreement“) is exclusively between the User and the Experience Partner. The User is fully aware that when purchasing an experience through the App, they are not buying it from CityXerpa.

1.3. In this context, CityXerpa acts as an intermediary and agent of the merchant, being authorized and, in some cases, commissioned, to carry out transactions on behalf of the provider, as well as to collect payments from Users on behalf of the provider itself. CityXerpa does not offer any activity and is therefore not a contractual party to the service agreement.

1.4. The descriptions, photographs, and other content related to the activities, as well as any modifications thereof, are provided by the respective providers, and therefore CityXerpa is not responsible for such content.

2. Activity Booking

2.1. The User may book experiences or activities for themselves or for third-party consumers through the App.

2.2. Acting as commercial agents, CityXerpa processes the booking of the contracted activities, responding to Users as promptly as possible.

2.3. Once the experience is booked, CityXerpa provides the User’s contact details to the Experience Partner, so they can contact the User directly to carry out the Experience. The User expressly agrees that CityXerpa may share their contact details with the Experience Partner for this purpose.

2.4. The booking and confirmation process will be indicated at all times on the Platform. CityXerpa reserves the right to modify, include, and/or delete any modality or condition related to the service provided, without prior notice to the User, provided such changes are duly indicated through the Platform.

3. Activity Execution

3.1. Once the activity is booked, the User must show up at the meeting point notified through the Platform with the indicated advance notice. The times indicated through the App refer, in any case, to the time zone of the Principality of Andorra (GMT +1).

3.2. If the User is a foreigner, they are responsible for having the necessary travel documents (e.g., passport and/or visa, among others that may be required), as well as complying with all applicable regulations in the Principality of Andorra.

3.3. CityXerpa will inform via the Platform whether the contracted services include insurance to carry out the Experience. If it is necessary to acquire insurance and the acquired services do not include it, the User will be solely responsible for having the necessary coverage to carry out the contracted Experiences.

4. Payment Policy

4.1. The price of the Experience shown in the App must be paid at the time of booking, regardless of when the activity takes place. The permitted payment methods will be shown at all times through the Platform.

4.2. CityXerpa is entitled to receive the invoiced amounts on behalf of and representing the Experience Partner, as a commercial intermediary.

4.3. If the payment is made in a currency other than Euro (€), CityXerpa will convert the foreign currency to Euro, in accordance with the exchange rate in effect at the time of the contract. In the case of highly volatile currencies, CityXerpa reserves the right to charge a reasonable conversion fee.

5. Changes and Cancellations Policy

5.1. The User must handle any change and/or issue related to the Experience through CityXerpa, unless otherwise indicated on the Platform.

5.2. Notwithstanding the foregoing, the cancellation policy for any Experience shall comply with what is established by the Experience Partner, with CityXerpa at all times acting as a commercial intermediary. CityXerpa undertakes to properly display the relevant terms and conditions of the Experience, set by the Partner, through the Platform.

5.3. CityXerpa may notify the User of any change or cancellation required by the Partner via the email address or phone number provided on the Platform. The User expressly acknowledges that CityXerpa acts as a commercial intermediary and cannot influence the Partner’s decisions to modify and/or cancel any Experience.

5.4. Likewise, CityXerpa reserves the right, on its own initiative and/or at the Partner’s request, to limit or cancel the User’s activity booking in the event of suspected fraud, breach of any provision of these General Conditions, or any violation of the obligations established in the service agreement between the Experience Partner and the User, of which CityXerpa becomes aware.

5.5. For managing issues outlined in this clause, CityXerpa provides a Customer Service that the User can contact either via email at support@cityxerpa.com, or through the App. Our Customer Service will register the incident as soon as the User communicates it and will request, if necessary, the documentation required to verify whether the User is entitled to a return and/or refund resulting from the incident. If the verification process is successful, CityXerpa will take the measures it deems appropriate to resolve the issue.

6. Refunds

6.1. As a general rule, refund requests for Experiences are not accepted unless the Partner expressly states otherwise. If the User wishes to request a refund of the reservation price, they must contact CityXerpa, who will notify the Experience Partner, who will ultimately decide, at their discretion, whether a refund is appropriate in accordance with their terms and conditions.

6.2. The refund will in any case be processed through the CityXerpa Platform. In the event of a cancellation that qualifies for a refund, according to what is established by the Partner, such refund will be made using the original payment method used to purchase the activity.

7. Personal Data

7.1. CityXerpa transmits personal data to Experience Partners to the extent necessary for fulfilling the Service Agreement between the User and the Experience Partner, as well as to comply with any legal obligation or any legally permitted purpose.

7.2. Experience Partners control and process the data received independently from CityXerpa, being solely responsible for the processing and handling of Users’ personal data.

8. Limitation of Liability

8.1. Experience Partners are independent contractors, having no employment relationship with CityXerpa. CityXerpa is not liable for any act, error, omission, warranty, breach, negligence or misconduct by any provider, nor for any personal injury or property damage, nor for any claim or expense that may result from the booking or activity.

E) CityXerpa Pay

1. Service Description

1.1. CityXerpa Pay is a payment method integrated into the CityXerpa digital platform and designed to carry out transactions between the Partner and its users or final consumers.

1.2. Through CityXerpa Pay, the Consumer may pay at the Partner’s establishment via a QR code integrated into the platform. This payment will generate a return or “Cashback” in favor of the Consumer, indicated at all times through the Platform.

1.3. For each transaction made by the Consumer through the CityXerpa Pay service, the corresponding Cashback will be generated, which will be reflected in the Consumer’s digital wallet integrated into the Platform (hereinafter, the “Wallet“).

1.4. The Cashback generated is under no circumstances considered money and is not the property of the User, but rather represents a coupon generated in their favor, which can only be used within the scope of the Platform. The User may under no circumstances request the withdrawal of the Cashback from their Wallet in cash.

2. Registration and access to CityXerpa Pay

2.1. To be able to use the payment method, the User must register within the Platform by signing up in the CityXerpa Pay section.

2.2. Once registered, the User will have access to CityXerpa Pay through a PIN or biometric identification. The User is responsible for maintaining the confidentiality of their PIN and taking the necessary measures to ensure safe access and use of CityXerpa Pay.

2.3. In case the User forgets their PIN, CityXerpa offers a process to reset and configure a new PIN, subject to verification of the User’s identity.

2.4. In the CityXerpa Pay section, the User will have a QR code that will allow them to pay at Establishments equipped with CityXerpa Pay POS terminals, which will be directly linked to the bank card registered on the Platform. Users are informed that, for security reasons, the QR code updates automatically every 10 seconds and it is not possible to take screenshots of said code.

3. Conditions of the generated Cashback

3.1. The Cashback generated on each transaction will be reflected in the Consumer’s Wallet, so that Consumers can accumulate it on the Platform, and/or redeem it through it.

3.2. It is well understood that the Cashback generated through transactions made at an Establishment may be redeemed at any establishment equipped with a CityXerpa Pay POS or enabled on the Platform.

3.3. The generated Cashback has a limited duration. The expiration of the cashback will be duly reflected, clearly and concisely, through the Application.

3.4. If the Consumer does not use the service before the expiration period indicated in the App elapses, CityXerpa reserves the right to remove the generated cashback from the Consumer’s Wallet.

3.5. CityXerpa reserves the right to modify, increase, decrease, or cancel, at any time, the guaranteed cashback percentage, depending on the commercial relationships it maintains with each of its Partners.

4. Returns of products purchased with CityXerpa Pay and negative balance

4.1. If the Consumer returns a product or service paid through CityXerpa Pay for any reason, so that the price paid for that product and/or service is refunded, the Cashback generated in that transaction will be deducted from the balance of their Wallet.

4.2. As a consequence of deducting a Cashback due to a return or refund, the User may have a negative balance in their Wallet. Cashbacks generated by transactions made by a User with a Wallet with a negative balance will be used to offset it. The User may not use the CityXerpa Pay balance until it becomes positive again.

4.3. The User expressly agrees that, in case of a negative balance, CityXerpa may charge a surcharge on the amount of the negative balance in the following cases:

a) If the negative balance exceeds the amount of €50.

b) If the balance expires while negative, in accordance with clause 3.3 above, and provided that the expiration is duly indicated through the Platform.

c) If the User wishes to delete their CityXerpa account and has a negative balance in their CityXerpa Pay Wallet, they will be required to cover the negative balance amount before proceeding to unsubscribe from the Platform.

4.4. Without prejudice to the foregoing, CityXerpa reserves the right to claim any amount owed, derived from the use of the CityXerpa Pay service, by all legally appropriate means.

F) eSIMs

1. Service Description

1.1. Through the Application, the User can purchase electronic mobile phone cards that provide instant internet access in the territory of the Principality of Andorra (hereinafter, the “eSIMs”).

1.2. The eSIMs offered through the Platform are the property of third-party providers with whom CityXerpa maintains the corresponding commercial agreements for the distribution of the eSIMs. When the User purchases an eSIM from the Platform, the contract for the provision of mobile phone services is exclusively entered into between the User and the card provider. CityXerpa acts as a commercial agent and is authorized and, in some cases, commissioned by the provider to carry out transactions directly between them and the users. CityXerpa does not provide the mobile phone service and, therefore, is not a contractual party to the service agreement.

2. Terms of Use

2.1. The User may choose, through the Platform, the eSIM they require, based on the data package and duration they need. The User is responsible for acquiring the package appropriate to their needs and corresponding to their location.

2.2. Once the eSIM is purchased, the User must install and activate it on their mobile device. All information about the card provider, as well as the process for installing and activating it, will be available on the Platform. CityXerpa will provide the User with an Installation Guide, adapted to the device they are using, which must be followed to correctly install and activate the purchased eSIM.

2.3. The User is responsible for requesting an eSIM suitable for their device and location, as well as correctly following the Installation Guide for proper activation. Device compatibility may depend on the carrier and country of origin. The User is responsible for checking the compatibility of the eSIM before making the payment.

2.4. The terms and conditions of use of the contracted eSIM depend, in any case, on the card provider. CityXerpa will inform about the conditions of use through the Platform, but it is recommended that the User be informed of all applicable terms and conditions for the use of the acquired card, as established by the provider itself.

3. Pricing Policy

3.1. All prices and fees related to the eSIMs are displayed through the Platform.

3.2. Payment for the eSIM is made at the time of purchase, through the Platform.

4. Refunds and Cancellations

4.1. As a general rule, cancellations or returns of eSIMs are not accepted, even if the data package has not been used, unless otherwise stated by the provider in their terms and conditions of use.

4.2. Notwithstanding the above, the User has the right to request a refund of the amount paid for the eSIM if they are unable to enjoy the services due to an error or omission by the eSIM operator. The refund request must be processed in any case through CityXerpa, within 30 days of the purchase date.

4.3. For managing issues set out in this clause, CityXerpa provides a Customer Service which the User may contact either via email at support@cityxerpa.com, or through the App. Our Customer Service will register the issue as soon as it receives the User’s communication and will request the necessary documentation in order to verify whether the User is entitled to any return and/or refund resulting from the issue. If the verification process is successful, CityXerpa will take the measures it deems appropriate to resolve the issue.

4.4. In any case, it is expressly stated that CityXerpa will not be responsible for any refund, but will notify the eSIM operator so that they may decide, ultimately, whether the request is appropriate in accordance with their terms and conditions.

5. Limitation of Liability

5.1. CityXerpa will do its best to provide a quality service to the User. Notwithstanding the above, CityXerpa does not guarantee that the service will not be interrupted, will be timely provided or be entirely secure or error-free. The eSIM operator(s) are independent contractors, with no employment relationship with CityXerpa. CityXerpa is not responsible for any act, error, omission, warranty, breach, negligence or misconduct of any provider, nor for any personal injury or property damage, nor for any claim or expense that may arise from the provision of telephony services.

ANNEX I.- Subsidiaries of “XERPA, S.L.”