Terms and Conditions

South America Buses (also referred to as southamericabuses.com or SAB) is a brand owned and operated by AndesTransit LLC. Since the terms and conditions of AndesTransit also explicitly include SAB and other brands belonging to AndesTransit, the terms and conditions of use of AndesTransit found at this link hold precedence in the case of any conflict: https://andestransit.com/portal/en/t/conditionsofuse. The exception is for change and refund policies, which take precedence as defined on a dedicated page on this site and do not follow the change and refund policies on AndesTransit.

The Terms and Conditions of Use are referred to hereinafter as the “Terms”.

Those who are subject to the Terms are the users of this website and shall hereinafter be referred to as “you” or “the user.”  If you do not wish to be subject and bound to these Terms and Conditions of Use, do not use this website.

Children and individuals under the age of 18 years are allowed use of this website only under supervision and with the consent of their parents or legal representatives. By using the website without supervision, you warrant that you are at least 18 years of age and have full legal capacity, or that you have consent from your parents or legal guardians to use the website. If you are under the age of 13, we ask that you please not use the website under any circumstances.

Definition of Services

SAB enables users of the website to arrange transportation services with third-party providers of such transportation in and around Latin America. Prices for these services and products are displayed through the website and the user pays for them in advance (see Consumptions and Transactions section below for further detail). 

Unless otherwise agreed by AndesTransit LLC in a separate written agreement with you, the services and products made available through this website are solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION THROUGH THE USE OF THIS WEBSITE DOES NOT ESTABLISH SAB OR ANDESTRANSIT AS A PROVIDER OF TRANSPORTATION OR AS A TRANSPORTATION CARRIER.

Terms of Use

By accessing the website or creating an account on our website, you represent that you are of legal age (16 years and older) and have the legal capacity to enter into this agreement and to use this website in accordance with these Terms, and acknowledge and agree to these Terms and to be bound by this Agreement.

When you make a purchase from this website, you accept the Terms.

If you do not agree with these Terms, we kindly ask you not to access or use this website. Violations of these Terms and Conditions of Use may result in termination of your account with or without notice, and/or the rightful refusal of SAB or AndesTransit to provide you further access to services.

Users of this Website should also read our Privacy Policy.

Ownership

SouthAmericaBuses.com is owned by AndesTransit LLC, a United States company headquartered in Sheridan, Wyoming.

Writing to Us

To contact AndesTransit LLC to specifically obtain a copy of these Terms or the privacy policy, send a mail to the following address saying that you would like to request a copy of the Terms of Use and Privacy Policy.  Provide your email address and we will respond by sending you a digital copy.

Copyright Agent, AndesTransit LLC, 30 N. Gould, Suite 7929, Sheridan, WY 82801 USA.

For any official government-related mail, our address is AndesTransit LLC, 30 N Gould, Suite R, Sheridan, WY 82801 USA

For all other mail, correspond to our mailing address at AndesTransit LLC, 30 N. Gould, Suite 7929, Sheridan, WY 82801 USA.

We reserve the right, in our sole discretion, to reject or refuse your transaction at any time for any reason or no reason whatsoever. If we do reject your transaction, we reserve the right to not send an email with a reason for our decision.

By accessing the website and performing a transaction, you agree to provide truthful, current, accurate, and complete information about yourself, such information is referred to hereinafter as the “Account Data”, and to maintain and update the Account Data to ensure that at all times it is current, accurate and complete information. If you provide any information that is untrue, not current, inaccurate, or incomplete, or We have reason to suspect that such information is untrue, inaccurate, not current, or incomplete, we maintain the right, in our sole discretion, to suspend or terminate your reservation and refuse your future use of the website.

Additionally, you agree that if you provide intentionally deceitful or false information to the website in the process of your purchasing available services, We will be entitled to collect liquidated damages of $1,000 USD per violation from you, without limiting any additional damages to which We may be legally entitled.

Personal Use

This website is solely for your personal use. Modification, reproduction, copying, distribution, sale, resale, and other forms of exploitation for commercial or equivalent purposes are prohibited.

You agree not to use this website for illegal or prohibited purposes. In particular, you agree that the goods or services purchased through this Platform are for use or consumption, or the use or consumption of people in the name of the person authorizing the purchase. You may not resell to others the products or services purchased through this website.

Consumptions and Transactions

Users who purchase reservations through this website are subject to the additional terms and conditions of the third parties who perform the actual service. In particular, transportation tickets and reservations we deliver to users may contain important information and limitations that are in force upon the user purchasing them and are beyond SAB or AndesTransit to modify or revoke. While We do our best to present these conditions to you, the user, before completing your purchase, you agree to these third-party terms and conditions when you purchase their product or service through our website, including but not limited to, payment of other administrative costs for the services of our brokerage.

When you make a transaction through our website, you authorize AndesTransit to act as your agent to make further inquiries of our third-party providers as to the validity and accuracy of the information the third-party providers have given us, and any other pertinent information available.

Updates

We regularly update and alter the content of this website, and can at any time delete or change any information, features, or services provided. While we make every effort to, we cannot guarantee to keep all information on this website complete and accurate. This includes, but is not limited to, schedules, prices, routes, distances, product and service information, and blog articles.

We reserve the right, in our sole discretion, to modify these Terms at any time by updating these Terms online that you are reading now. You are solely responsible for reviewing and becoming familiar with any such modifications to the Terms. Such modifications to the Terms are effective immediately upon their publication, and any subsequent use of our website subsequent to such publication constitutes your acceptance of these Terms as modified.

Content and Intellectual Property

Unless We otherwise agree with you in a written agreement, any submission of content you provide to SAB is a submission hereby granted by you to SAB and by extension to AndesTransit in the form of a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable, and sub-licensable right and license to access, store, copy, modify, use, and otherwise exploit all the submission of content in any further form. A submission of content can include, but is not limited to: testimonial contributions, routes, maps, firsthand accounts, data, or other materials submitted directly through the website or Family of Websites. We do not permit users to upload to our Website or our Family of Websites any materials that could infringe any rights of third parties. It is strongly prohibited to post defamatory comments, untrue statements, libel of any kind, any racist or unlawful statements, as well as any violation of any copyright, trademark, or service mark, including the use of images for any subjects that could be considered offensive or abusive.

Likewise, we do not permit users to upload to another website (a third party) any Materials from our website, which could infringe on our rights or the rights of any third parties. 

You will be solely responsible for any damages resulting from content that you post that constitutes intellectual property infringement, libel, or defamation, from third parties and/or AndesTransit.com that may violate any laws or statutes whatsoever.

We reserve the right to remove any user account without prior notice to the user and without having to justify it to the user.

Copyrights

All content of this website, including designs, text, graphics, pictures, video, information, software, code, logos, trademarks and service marks, and other content and materials posted on this Website and Family of Websites, and their selection and arrangement (the “Site Materials”) are property of the website and its affiliates and licensors with all rights reserved.

You may not reuse or redistribute any part of the website for any reason. Please do not copy or reproduce any portion of the website without our expressed written permission.

Copyright Infringement

We are committed to complying with copyright and related laws. You are not allowed to store or transmit any material or content on the website in any manner if the material or content constitutes an infringement of third-party intellectual property rights. It is our policy to terminate the privileges of any user who infringes upon the intellectual property rights of others.

DMCA Compliance

If you are the owner of a copyrighted work who believes your rights have been infringed please provide the AndesTransit.com Copyright Agent with all the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A specific description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A specific description of where the material that you claim is infringing is located on the website, with enough detail that we may find it on the web site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Send to: AndesTransit Copyright Agent, AndesTransit LLC, 30 N. Gould, Suite 7929, Sheridan, WY 82801 USA.

When we receive a proper notice of claimed infringement under the Digital Millennium Copyright act of 1998 (DMCA), the procedures specified in the DMCA will be followed to resolve the claim.

Routes Provided As-Is

All information on or through the website is provided “As-Is”. All information about transportation routes is NOT OFFICIAL and is only the result of our best ability to collect and disseminate that information without warranty or guarantee. We do not present government-classified data nor represent government entities in any official capacity. Any information is used at your own risk! 

Please read the sections “No Warranties” and “Limitations on Liability” for our full disclaimers.

No Warranties

All services, features, products, accounts, profiles, and materials are provided “as is” and on an “as available” basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, the correctness of results, or non-infringement of intellectual property or other violation of rights.

Further, SAB or AndesTransit does not warrant or make any representations concerning the accuracy, validity, legitimacy, compensation, safety, outcome, likely results, or reliability of any products, features, or services, including, without limitation: any maps, traveling routes, recommended routes, times of departure or arrival, exact addresses or origin or destinations, or any negative experience whatsoever with the use of any route listed on the website, and all other associated materials on the website, or on any sites linked to or from the website.

No information obtained by you from the website or subsequently from material and conversations sent to you by SAB or AndesTransit representatives shall create any warranty of any kind whatsoever unless expressly stated otherwise in the Terms.

AndesTransit does not provide a warranty against technical failures of this website or those of its representatives nor for the lack of a timely response to your inquiries.

Limitations on Liability

You acknowledge and agree that AndesTransit as the owner of SAB, its owners, managing members, directors, representatives, employees, and affiliates, in no case shall be liable for any loss or damages you incur related directly or indirectly to your use of this website, or through the use or refusal of use of any product or service sold on the website that is executed in whole or in part by a third-party provider.

DISCLAIMER OF LIABILITY FOR THIRD PARTY SERVICES. As part of its services to the customer, AndesTransit provides third-party transportation (“Third Party Services”). ANDESTRANSIT DISCLAIMS ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD-PARTY SERVICES. THE CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY SAB OR ANDESTRANSIT AS TO THE FITNESS OF THE THIRD-PARTY SERVICES FOR THE CUSTOMER’S INTENDED PURPOSE.

Indemnity

Your indemnification of AndesTransit shall include your claims, obligations, losses, liabilities, costs or debt, and expenses including but not limited to; attorney’s fees, demands, travel expenses, obligations, damages (actual, special, indirect, or consequential, including lost profit damages, regardless of whether or not you have been advised of the possibility of such damages), costs, and expenses and any theory of liability of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from the following, including, without limitation: (i) your use of and access to the website; (ii) your violation of any term of these Terms of Use; (iii) use of any products, services, descriptions, or accounts; (iv) any reason whatsoever not explicitly aforementioned.

You further agree that any claim you make against a third-party provider for their service or for your refusal of their service shall obligate you to defend AndesTransit as an indemnified party and to cover all of its legal costs in the process of participating in your claim, regardless of any subsequent or independent process of indemnification. You further agree to not hold AndesTransit liable for acts of force majeure (including, but not limited to, weather, political, social conflict, economic, or disorders affecting passenger safety).

This defense and indemnification obligation will survive these Terms and your use of the website.

You agree that if your indemnity of AndesTransit is not accepted in a court of law, the absolute maximum liability for any cause whatsoever paid to you by AndesTransit shall be $19 USD.

Claims and Cause of Action Limitations

You agree to file any claim regarding any aspect of the website or the Terms within ninety (90) days of the time in which the events giving rise to such claim took place, otherwise, you agree that any such claim is invalid. You further agree that any such events giving rise to your claim happened personally to you and through your personal use of the website.

Legal Use

Although you may access this website from other territories around the world, by accessing this website you agree that its use, the use of any material contained within it, and the use of all services and features provided through it, will be governed by the laws and courts of Wyoming, USA, regardless of where you live, or how these laws may differ from the laws of the country from which you are accessing this website.

You may use this website only in accordance with these Terms and only for lawful purposes as stipulated by applicable law. You may not abuse this website in any way, or use any automated software when accessing and using this website.

You may not use this website in any manner that violates any law, regulation, treaty, or tariff or infringes on the legal rights of any third party, or in any manner which is defamatory, fraudulent, indecent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

You may not post content that is offensive or deceptive, to threaten, harass, abuse, or intimidate others, to damage the name or reputation of the website, its affiliates, or subsidiaries, or to access an account that does not belong to you, and in any manner whatsoever which interferes with other customers’ use of services provided by the website.

You are prohibited from storing, posting, distributing, or transmitting any unlawful content at or through this website or otherwise in connection with the Terms and Conditions of Use. Examples of unlawful content include but are not limited to direct threats of physical harm, stalking, copyrighted, trademarked, and other proprietary material used without permission. Additional prohibited content includes but is not limited to: programs containing Trojan horses, viruses, and/or tools to compromise the security of this website, suggestions or encouragement of illegal activity, duplicative posting, “phishing”, “spimming” or “spamming”.

Miscellaneous

The website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that such product or service is appropriate or available to all persons of legal purchasing age in all locations, or that we intend to make such product or service available in such locations.

No Waivers

Our failure to exercise or enforce any right or provision of this Agreement or Terms shall not be construed as a waiver of such right or provision. Our performance under these Terms is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requirements with regards to your use of the website, or information, products or services provided or gathered by us for such use as it relates to our performance.

Severability and Enforceability

If any provision or portion of these Terms is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision that is as close as is legally permissible to the provision found invalid or unenforceable, and the replacement, if any, shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms, and all other provisions of the Terms shall remain in full force and effect.

Choice of Law

These Terms of Use will be governed by and construed in accordance with the laws of Wyoming, USA, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to AndesTransit LLC must be filed in a court located in Wyoming, USA.

Assignability

These Terms and your account on the Website are personal to you and for your sole use, and may not be transferred or assigned.

No Class Action and No Jury Trial

You agree no claim subject to the Terms may be brought as a class action.

EACH PARTY HEREBY IRREVOCABLY WAIVES ITS RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS RELATING TO ITS SUBJECT MATTER.

Section Titles

The section titles used in this Agreement are for the purposes of convenience and carry no legal or contractual effect.

Termination

In the event there is a termination of this Terms for any reason, you agree the following provisions will survive the termination: Use of Content, Limitations of Liability, No Warranties.

Conflicts

In the event there is a conflict between these Terms of Use and the terms of use of any other device terms or policy (for example, a mobile device terms of use or a P3P electronic privacy policy), these Terms of Use shall control. Furthermore, in case of a conflict between these Terms of Use and our Privacy Policy, these Terms of Use shall control.

European Union GDPR

Roles:

Data Subject: This is you, the consumer of SAB products and services.

Data Controller: This is AndesTransit.  The Data Protection Officer can be reached by simply emailing support [at] andestransit.com

Data Processor: These are the third-party services that the data controller passes the data subject’s data to for either payment processing or marketing.  Payment processing processors include Stripe, PayPal, GooglePay, and ApplePay, and only serve the purpose of collecting data for Performance of Contract, which is the GDPR language for what is required for the sale and maintenance of your purchased products and services made through the AndesTransit Digital Platform.  Marketing-related processors include Google (AdSense and Analytics).  AndesTransit does not store any personally identifiable information of its data subjects on behalf of these marketing processors and only allows them to target personalized content to you on our platform from general input like your selected travel destination or your browsing profile outside the bounds of AndesTransit.  

Data Subject Rights:

–The Right of Access:  Data subjects have the right to access all data AndesTransit holds about them at any time. In turn, as the data controller, AndesTransit has the right to authenticate the validity of the data subject to prevent fraudulent access. If necessary, we may require the data processor to assist us in the retrieval of the data requested.  The time of delivery for a data subject’s access request is no longer than thirty (30) days.

–The Right to be Forgotten:  Data subjects have the right to request their data be forgotten by AndesTransit, but AndesTransit can only comply within the framework of its limitations. Namely, if your data is related to marketing purposes (newsletter, FareBus-ter mail, etc.), we can delete your contact data within 72 hours of request and our systems will have no further knowledge of you.  However, if your data is related to a product or service you paid for from AndesTransit, there are statutory warranties in place of up to 3.5 years that we must maintain your data as evidence in dispute and chargeback processes before we can delete it.  Likewise, if the data subject has paid for an annual subscription that hasn’t been canceled, we need to keep the data in order to continue billing.  You can contact the Data Protection Officer at support@andestransit.com to ascertain what are the exact allowances and limitations for your particular situation, and a more specific deletion date.  The time required to come to a determination is no longer than thirty (30) days.

–The Right to Object: Data subjects have the right to object to the continuance of using their data for direct marketing purposes by contacting the Data Protection Officer at support@andestransit.com. This pertains to marketing under the control of AndesTransit, and not indirect marketing performed by third parties that is outside the bounds of AndesTransit and for which there is no personally identifiable data shared. The right to object does not extend to processing data related to payments, as this processing is immediate upon the data subject checkout.

–The Right to Rectification:  Data subjects have the right to request AndesTransit rectify incomplete or incorrect data, but in some cases where a ticket has already been acquired, rectifying the data requires a change fee or outright purchasing the ticket again with no refund for the original ticket. By paying the change fee or purchasing a new ticket to replace the original, the right to rectify will be fulfilled.

–The Right to Data Portability: Data subjects have the right to request their personal data be exported in a structured, commonly used, and machine-readable format and sent to them or to another data controller through a secure channel determined by AndesTransit.  The process takes thirty days (30) upon request, but is subject to the following limitations: 1) The data subject must be authenticated by AndesTransit to verify their identity is truly related to the data they request; 2) A form signed in DocuSign must be completed in full by the data subject, acknowledging their agreement and conditions of the data portability request; 3) the data requested was data given to AndesTransit by your consent or for the performance of a contract; 4) The data is not derived or inferred, but only the data you provided to us; 5) The data is personally connected to your identity, and not anonymous data; 6) The data does not include data about other persons besides you, unless those other persons also provide authenticated and signed agreement to the same request; 7) If the request for data is something AndesTransit considers manifestly unfounded or excessive, we have the right under GDPR regulations to request from the data subject a reasonable fee be paid to cover the administrative cost, or to refuse to deal with the request, providing you the data subject a justification of our decision. If you wish to dispute our decision to refuse your request, you can appeal it to your ICO or GDPR supervising authority.

Please note that AndesTransit does not store data on your history of usage of our website or search activities in any personally identifiable way. 

Our Legal Bases for Collecting and Processing Payment Data

Per Article 6 of GDPR, we rest on two legal bases for collecting and processing the data subject’s payment data.  The first is the explicit Consent you give us during checkout to proceed with checkout (or purchase) of your products, tickets, or services. Without this consent, you cannot complete your purchase.  The second basis is that your payment data is necessary for the performance of a contract, as manifested in a product, ticket, or service you purchase on AndesTransit.

Definition of personal data used for payment processing

The data subject’s personal data used for payment processing by the third-party data processor is limited to: the credit cardholder’s name, email address, unique customer identifier, order ID, bank account details, payment card details, card expiration date, CVC code, date/time/amount of transaction, merchant name/ID, and location. It is important to emphasize that the most sensitive data in this list is not held by the data controller (AndesTransit), but the data processor (Stripe/Paypal), and AndesTransit only holds the least sensitive parts of it.

Data Breach and Incident Response

In the unfortunate event we are made aware of a data breach, we will notify the data subject and the Supervising Authority for the data subject’s area within 72 hours.

Age of Consent

The same is stated in our general terms, that the age of consent is 16 years of age or older.  However, in the case of tickets, many bus companies do not allow passengers under the age of 18, so consent alone might not be sufficient to acquire a ticket.

Data Retention

By default, data subject personal data is kept on file by the data controller for 3.5 years, at which point it is deleted from our records.

Profiling Use

The only use of personal data for profiling is in our annual reports and business or investor reports, but is only expressed in generalities (e.g., percentage of visitors from Europe) and does not identify data subjects personally.

AndesTransit does not use machine-made profiling to make decisions about the data subject or to limit content to the data subject.

Ticket Policies

Please see our separate ticket policies page: https://southamericabuses.com/changes_refunds/