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All remaining countries Laws of Sweden Exclusive; Courts of Sweden
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Spotify does not accept any codes of conduct as mandatory in connection with the services provided under these Agreements.
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24.2 CLASS ACTION WAIVER
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WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SPOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
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Unless both you and Spotify agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
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24.3 ARBITRATION
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If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 24.3.
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is enforceable, the following mandatory arbitration provisions apply to you:
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24.3.1 Dispute resolution and arbitration
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Arbitration is more informal than a lawsuit in court.
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THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
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There may be more limited discovery than in court.
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The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration.
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This arbitration provision will survive termination of the Agreements.
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24.3.2 Exceptions
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Notwithstanding clause (24.3.1) above, you and Spotify both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
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24.3.3 Arbitration rules
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Either you or we may start arbitration proceedings.
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Any arbitration between you and Spotify will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.
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Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of California, United States, without regard to choice or conflicts of law principles.
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24.3.4 Time for filing
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Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
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If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
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24.3.5 Notice; Process
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A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice").
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Spotify's address for Notice is: Spotify, Attn: General Counsel, 45 W. 18th Street, 7th Floor, New York, New York 10011, USA.
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The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand").
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We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Spotify may commence an arbitration proceeding.
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During the arbitration, the amount of any settlement offer made by you or Spotify shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
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In the event our dispute is finally resolved through arbitration in your favor, Spotify shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Spotify in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater.
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All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
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Except as required to enforce the arbitrator’s decision and award, neither you nor Spotify shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
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24.3.6 Modifications
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In the event that Spotify makes any future change to this arbitration provision (other than a change to Spotify's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Spotify's address for Notice, in which case your account with Spotify shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
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24.3.7 Enforceability
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If the class action waiver at Section 24.2 is found to be unenforceable in arbitration or if any part of this Section 24.3 is found to be invalid or unenforceable, then the entirety of this Section 24.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any action arising out of or related to the Agreements.
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25 Contact us
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If you have any questions concerning the Spotify Service or the Agreements, please contact Spotify customer service by visiting the About Us section of our website.
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If you are a California resident, you may have the Agreements mailed to you electronically by sending a letter to Spotify, Attn: General Counsel, 45 West 18th Street, 7th Floor, New York, New York 10011, USA with your email address and a request for the Agreements.
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In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd.,
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Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
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Thank you for reading our Terms.
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We hope you enjoy Spotify!
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Contracting entity:
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Spotify AB
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Birger Jarlsgatan 61, 113 56 Stockholm
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Sweden
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SE556703748501
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© Spotify AB.
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© 2017 Spotify AB
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fTerms and Conditions
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General Conditions of Carriage
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Click below for Terms and Conditions relating to:
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Definitions
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Service admission
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Provided services
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Tickets
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Vehicle access
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Baggage
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Terravision responsibilities
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Claims
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Passenger coupons
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Passenger behaviour
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Terravision communications
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Conclusions
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Terms and Conditions – Stanstedcitylink
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Terms and Conditions – Airport Express Bus
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Terms and Conditions – AEROBÚS
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Terms and Conditions – Barzi Services
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Terms and Conditions – Prague Airport Transfers
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Terms and Conditions – Modlinbus
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Terms and Conditions – Faroshuttlebus
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Definitions
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The following words shall have the following meanings:“vehicle”: means the vehicle, bus or other means of transportation provided by Terravision on which passengers travel; “trip”: the trip entitled to passengers based on the indications on their ticket; “service”: activity conducted by the Company; “baggage”: any object the passenger carries on his person for the trip.
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Service Admission
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Travellers must be in possession of a valid ticket in order to use the transportation service and must keep it on their person for the entire duration of the trip.
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The trip is considered terminated after leaving the vehicle.
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For round trip tickets, the trip is considered terminated after leaving the vehicle on the return trip.
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Provided Services
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Carriage
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Terravision carries passengers in possession of valid tickets on its vehicles.
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The ticket is a record of the agreement between the company and passenger.
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The ticket remains the property of Terravision and must be exhibited upon company request.
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Upon express request, the ticket must be returned to Terravision.
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Passengers with disabilities.
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Passengers with disabilities who fail to communicate these conditions upon reservation may be denied service and carriage.
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Minors
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Terravision does not provide service to unaccompanied minors (under age 14).
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Accompaniment and other special services are not available.
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Minors under age 14 must be accompanied by a passenger at least 16 years of age who must reserve both tickets together.
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Children aged 4 and under on the date of travel are not required to pay ticket fare.
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Children over the age of 4 are required to pay the appropriate child fare.
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Child safety seats may not be carried on board the bus.
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Animals
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Terravision is not required to carry animals on its vehicles except for guide dogs for blind or deaf passengers.
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Tickets
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Ticket Validity
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The ticket allows you to use Terravision service and make the trip stated on the ticket.
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Altered or damaged tickets are not valid for the trip stated on the ticket.
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Etickets
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