Termes i condicions

Last updated: 1 January 2026

CityXerpa Terms and Conditions

INDEX

I. About CityXerpa

About us
About the platform
Communications with CityXerpa

II. About the terms and conditions

Nature of the Terms and Conditions
Changes to the Terms and Conditions
Applicable law

III. General conditions of the CityXerpa platform

Acceptance of the Terms and Conditions
Registration and access to the application
Minors
User license and right to restrict access
Pricing policy and payment methods
Coupons and promotional codes
Limitation of liability
Restrictions on use
User reviews
Application updates
Intellectual and industrial property rights
Links to third-party websites
Data protection and cookies policy
Complaints and claims
Other important conditions

IV. Specific Conditions

A) Marketplace

Product and service information
Food products and allergies
Obvious pricing and description errors
“Pick Up” orders
Home delivery orders
Acceptance of orders by the Establishment
Order cancellations
Returns and refunds
Order receipt
Undelivered orders
Address changes
Restricted items
Limitation of liability

B) Couriers

Service description
Specific conditions of “Anything you want”
Undelivered orders
User responsability

C) Move

Service description
Pricing policy
Route changes
No-show and trip cancellation
User responsibilities
Prohibitions and right of admission
Personal belongings
Accidents or breakdowns
Incidents

D) Experiencies

Service description
Activity booking
Activity execution
Payment policy
Changes and cancellations policy
Refunds
Personal data
Limitation of liability

E) CityXerpa Pay

Service description
Registration and access to CityXerpaPay
Conditions for generated Cashback
Refunds for products purchased with CityXerpa Pay and negative balance

F) eSIMs

Service description
Terms of use
Pricing policy
Refund and cancellation policy
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. Prior to initiating any legal action, the parties undertake to attempt in good faith to resolve any conflict arising from these Terms and Conditions through CityXerpa’s customer service and, where applicable, through mediation or alternative dispute resolution mechanisms available in the Principality of Andorra.

3.4. 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. By registering with CityXerpa, the User may also access the platform Andorra.com, which is owned by the CityXerpa Group. The credentials provided for CityXerpa shall be the same as those used for Andorra.com.

2.10. 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. Minors

3.1. Use of the Platform is reserved for persons over eighteen (18) years of age. Under no circumstances is registration by minors permitted.

3.2. Notwithstanding the foregoing, certain services (such as Move or Experiences) may have minors as end recipients. In such cases, booking, contracting and payment of the service must always be carried out by an adult User, who shall assume full responsibility and must accompany or duly authorise the minor, in accordance with applicable regulations and the specific conditions of the service.

4. License of Use and Reservation of Right of Access

4.1. 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.

4.2. 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.

4.3. 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.

5. Pricing Policy and Payment Methods

5.1. 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.

5.2. 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.

5.3. 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.

5.4. 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.

5.5. 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.

5.6. 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.

6. Coupons and Promotional Codes

6.1. 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.

6.2. 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.

6.3. 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.

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

6.5. 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.

6.6. 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.

6.7. 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.

6.8. 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.

7. Limitation of Liability

7.1. 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.

7.2. 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.

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

7.4. 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.

7.5. 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.

7.6. 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.

7.7. 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.

8. Usage Restrictions

8.1. 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.

8.2. 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.

8.3. 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.

8.4. 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.

9. User Reviews

9.1. 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.

9.2. 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.

9.3. 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.

9.4. 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.

10. Application Update

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

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

10.3. 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.

11. Intellectual and Industrial Property Rights

11.1. 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.

11.2. 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.

11.3. 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.

11.4. 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.

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

12. 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.

13. 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.

14. Complaints and claims

14.1. Without prejudice to the customer service channels provided for in each section, the User may submit any formal complaint or claim relating to the Platform or the services provided through it to the email address [support@cityxerpa.com](mailto:support@cityxerpa.com) or via the “Contact CityXerpa” section of the App.

14.2. CityXerpa shall register the complaint and undertakes to make its best efforts to respond within a maximum period of seven (7) calendar days from receipt.

14.3. Where the complaint relates to products or services provided by a Partner or third-party supplier, CityXerpa shall forward it to such Partner for review and, where appropriate, adoption of the relevant measures, without prejudice to any liabilities that may apply under applicable regulations.

14.4. The User may also contact public consumer authorities or alternative dispute resolution systems that may be applicable in the Principality of Andorra.

15. Other Important Conditions

15.1. 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.

15.2. 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. Food products and allergies

2.1. In the case of food products, the User acknowledges that information regarding ingredients, allergens, traceability and any other food-related information is provided exclusively by the Partner responsible for the product.

2.2. CityXerpa cannot individually verify such information and therefore assumes no liability for any inaccuracies, without prejudice to the legal obligations applicable to the Partner. In the event of severe allergies or intolerances, the User must contact the Establishment directly prior to placing the order and indicate any relevant warnings in the observations field, where available.

3. Obvious pricing or description errors

3.1. Despite efforts to keep information up to date and accurate, obvious errors may occur in the price or description of certain products or services.

3.2. In the event of an obvious pricing or description error, CityXerpa and/or the Partner reserve the right to cancel the affected order or to claim the amount due, informing the User as soon as possible and, where applicable, proceeding with a full refund of the amounts paid for such order.

3.3. An obvious error shall be understood as any objective, clear and unequivocal error in the price or description of a product or service that an average person could identify as incorrect.

3.4. By way of example and without limitation, the following constitute obvious errors:

Pricing errors arising from typographical, technical or data entry mistakes, including those that are clearly lower than the Partner’s usual price or the market value.
Description errors, including contradictory, incomplete or impossible information (quantities, formats, characteristics or clearly inaccurate images).
IT failures or system incidents that alter the correct display of the price or description.

4. “Pick Up” Orders

4.1. 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.

4.2. It is the sole responsibility of the User to attend the Establishment at the time indicated through the App to collect their order. If the User fails to attend within the established time slot, the order may be considered completed and non-refundable, without prejudice to the specific policies of each Partner.

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

5. Home Delivery Orders

5.1. 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.

5.2. 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.

5.3. 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.

5.4. 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.

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

5.6. 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.

5.7. 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.

5.8. 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.

6. Acceptance of orders by the Establishment

6.1. An order shall be deemed accepted by the Establishment and binding upon it once the Establishment expressly accepts the order through the Platform.

6.2. Until such acceptance, CityXerpa and/or the Partner may reject or cancel the order due to product unavailability, establishment closure or saturation, or for any other justified reason, proceeding, where applicable, with a full refund to the User.

7. Order Cancellation

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

7.2. 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.

7.3. 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.

8. Returns and Refunds

8.1. 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.

8.2. 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.

8.3. 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.

8.4. 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.

8.5. 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.

8.6. 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.

9. Order receipt

9.1. The User is solely responsible for being available to receive their order at the place, date and time slot indicated through the App. Delivery shall be deemed successfully completed when CityXerpa delivers the order to the person present at the indicated address and time. CityXerpa assumes that the person present is the User and is not required to verify their identity.

9.2. CityXerpa shall not leave orders without direct contact with the User (for example, at the door or in common areas), unless the User has expressly authorised this through the App or in writing at the time of placing the order. In such cases, delivery shall be deemed successfully completed when the order is left at the authorised location, without CityXerpa assuming any liability for its subsequent condition.

9.3. If the User requests delivery to a location other than their home (such as workplaces, hotels, receptions or other establishments), it shall be the sole responsibility of the User to ensure their availability or that of an authorised person to receive the order at the time of delivery, provided that such authorisation has been expressly granted through the App or in writing at the time of placing the order.

9.4. If the delivery person arrives at the delivery point and the User is absent, CityXerpa shall contact the User by phone call and email to inform them of the incident and attempt to reschedule delivery, in accordance with the conditions set out in the following clause.

9.5. Once the order has been delivered in accordance with Clause 3.10 above and is marked as “delivered” on the Platform, CityXerpa shall not be liable for loss, theft or misappropriation of the products by third parties, without prejudice to any mandatory consumer protection rules that may apply.

10. Undelivered Orders

10.1. The User is responsible for being available to receive the requested order at the delivery address indicated, within the delivery time slots provided by CityXerpa through the Platform.

10.2. CityXerpa shall not be liable for any damage or loss of the order if the Consumer is not present at the indicated delivery address and within the delivery time shown on the Platform, without prejudice to the provisions set out below.

10.3. For the “Restaurants” category, an order shall be deemed delivered within the ACCEPTABLE time frame if delivery occurs between FIFTEEN (15) minutes before and THIRTY (30) minutes after the time indicated through the App. That is:

i) If the order is delivered more than fifteen minutes before the indicated time, it shall be considered an “EARLY” delivery.

ii) If the order is delivered more than thirty minutes after the indicated time, it shall be considered a “LATE” delivery.

In this context:

a) If delivery is attempted within the acceptable time frame but the User is absent at the time of delivery, CityXerpa shall reschedule the delivery as soon as possible, with the User bearing the transportation cost. In this case, CityXerpa shall not be responsible for the condition and/or temperature of the order. Orders may only be rescheduled until 10:45 pm on the same day. After this time, if delivery has not been possible, the order shall be considered lost, with no right to refund or compensation.

b) If delivery is attempted outside the acceptable time frame and the User is absent at the time of delivery, CityXerpa shall reschedule the delivery as soon as possible, bearing the transportation cost. Orders may only be rescheduled until 10:45 pm on the same day. After this time, if delivery has not been possible, CityXerpa shall proceed with a refund and/or compensation (to be confirmed on a case-by-case basis), following the incident management procedure set out in Clause 5.6.

10.4. For other Marketplace categories (Shops, Supermarket, Pets, etc.), an order shall be considered delivered within the ACCEPTABLE time frame if delivery occurs between FIFTEEN (15) minutes before and TWO (2) hours after the time indicated through the App at the time the order was placed. In this context:

a) If delivery is attempted within the acceptable time frame but the User is absent, CityXerpa shall reschedule delivery within the following 24 hours, with the User bearing the transportation and handling costs.

b) If delivery is attempted outside the acceptable time frame and the User is absent, CityXerpa shall reschedule delivery at no cost to the User, within the following 24 hours.

10.5. 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.

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

11. Address Changes

11.1. 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.

11.2. 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.

12. Restricted Items

12.1. 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.

12.2. If delivery of a product subject to legal restrictions cannot be completed because the recipient fails to prove legal age or meet the applicable legal requirements, the order shall be considered cancelled due to reasons attributable to the Client. In such cases, the User shall not be entitled to a refund for products already prepared or that cannot be returned to sale, and shall bear the transportation and handling costs, without prejudice to any mandatory consumer protection rules that may apply.

12.3. 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.

13. Limitation of Liability

13.1. 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.

e) The User accepts that once an order is marked as “delivered” on the Platform, CityXerpa shall not be liable for loss, theft or misuse of the products by third parties.

f) The User shall be solely responsible for any misuse by third parties of delivery codes, order numbers or other tracking information that the User has shared or failed to adequately protect, provided that CityXerpa has complied with the applicable security and delivery protocols.

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 User is responsible for properly preparing and packaging the parcels, especially when they contain fragile or delicate items, using packaging and protection materials appropriate to the nature of the goods. CityXerpa shall not be liable for damage to transported goods when such damage is a direct consequence of insufficient, defective or inadequate packaging by the User.

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

1.6. In the event of loss, theft or damage to parcels, for any reason, CityXerpa’s maximum liability, where legally applicable, shall be limited to the amount determined and displayed on the Platform for each type of shipment.

1.7. 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.

4.3. The User is responsible for the persons who may collect the parcel at the indicated address, as well as for safeguarding shipment codes, tracking links and any other information related to the shipment.

4.4. If a third party uses such information to impersonate the recipient and collect the parcel, CityXerpa shall not be liable, provided that the delivery person has followed the established delivery protocols and the shipment is marked as delivered on the Platform, without prejudice to any commercial review CityXerpa may carry out on a case-by-case basis.

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. If the User is travelling with minors, they must ensure the availability and correct use of child restraint systems required by applicable law. If such systems are not available or not properly used at the time of pick-up, the driver may refuse to start the journey for safety reasons, without entitlement to a refund, without prejudice to any commercial review CityXerpa may carry out.

5.4. 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.

5.5. 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).

5.6. For international journeys or those involving border crossings, the User is solely responsible for possessing the required travel documentation (passport, visa, special permits, etc.) and for complying with the requirements of the competent authorities. CityXerpa shall not be liable if the User is denied entry or transit due to lack of required documentation; in such cases, the journey shall be deemed provided and shall not give rise to any refund.

5.7. 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.

5.8. 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.

7.4. CityXerpa may limit the number, weight and volume of luggage transported in each vehicle, depending on the characteristics of the contracted service.

7.5. Transport of dangerous or illegal objects, or objects that due to their size or nature may compromise safety or damage the vehicle, is not permitted. The driver may refuse transport of such objects, without entitlement to a refund.

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.

3.4. The User acknowledges that certain Experiences may involve inherent risks (for example, sports, mountain or adventure activities), which shall be duly informed by the Partner. The User undertakes to inform themselves of the requirements and recommendations for carrying out the Experience prior to its performance.

3.5. Where the Experience allows the participation of minors, they must always be accompanied by a responsible adult who appears as the booking holder or as a person expressly authorised. The adult shall be responsible for the conduct of the minor and for any damage caused by the minor during the activity, in accordance with applicable regulations.

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. Certain Experiences may be subject to a minimum number of participants in order to take place. Where applicable, this circumstance shall be indicated on the Platform. If the minimum number is not reached, the Experience Partner may cancel or reschedule the activity, offering the User, through CityXerpa, reasonable alternatives such as a change of date, change of activity or refund, in accordance with the Partner’s terms and conditions.

5.5. Both the Experience Partner and CityXerpa, acting on behalf of the Partner, may modify, postpone or cancel the activity due to force majeure or circumstances beyond their control (for example, adverse weather conditions, facility closures or safety incidents). In such cases, the User shall be informed as soon as possible and offered rescheduling options or, where applicable, a refund, in accordance with the Partner’s policy.

5.6. 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.

5.7. 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.

1.5. CityXerpa Pay and the Wallet do not, under any circumstances, constitute a bank account, deposit or savings or investment product, nor do they generate interest in favour of the User.

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.

2.5. The User undertakes to inform CityXerpa, without undue delay, of any unauthorised use, suspected fraud or loss of control over their Wallet, PIN or the device used to access CityXerpa Pay.

2.6. Upon receipt of such notifications, CityXerpa may temporarily block access to the Wallet and take any measures it deems appropriate to protect the User, without assuming liability for transactions carried out prior to the notification, except where required by applicable law.

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.

2.5. The User understands that data service coverage, connection speed and service quality depend exclusively on the eSIM provider’s network and infrastructure and on other external factors (such as geography, network congestion, etc.), and therefore a specific level of quality or speed cannot be guaranteed at all times or in all locations.

2.6. Data plans associated with eSIMs may be subject to fair use policies established by the provider (such as speed reductions after a certain data volume has been consumed or roaming usage limits). Where possible, such policies shall be indicated on the Platform, and Users are advised to review the provider’s terms and conditions prior to contracting an eSIM.

2.7. In the event of technical issues relating to the installation, activation or operation of the eSIM, the User must contact CityXerpa through the customer service channels indicated on the Platform. CityXerpa shall forward the issue to the eSIM provider and act as an intermediary in communications, without prejudice to the fact that response times and final resolution shall depend on the provider.

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.”

Company name	XERPA BUSINESS, S.L.U.
Registered office:	Av. Nacions Unides, 40, 1, Escaldes-Engordany (AD700)
Tax Identification Number:	L-718743-W
Commercial Registry Details:	Number 23669, Book S-453, Folio 191-200

Company name	XERPA TOURIST, S.L.U.
Registered office:	Av. Nacions Unides, 40, 1, Escaldes-Engordany (AD700)
Tax Identification Number:	L-718342-R
Commercial Registry Details:	Number 23264, Book S-445, Folio 141-150

Company name	XERPA MOBILITY, S.L.
Registered office:	Av. Nacions Unides, 40, 1, Escaldes-Engordany (AD700)
Tax Identification Number:	L-716236-U
Commercial Registry Details:	Number 21149, Book S-402, Folio 491-500