Terms and Conditions

"Platform" refers to the website fortunaraexpress.com and the Fortunara Express mobile application, available for Android devices.

"User" or "Customer" refers to any person who accesses, registers, or uses the Platform to place food orders.

"Partner Restaurant" refers to the food establishments registered on the Platform that offer their products for sale and delivery.

"Driver" refers to the person responsible for transporting and delivering orders from the restaurant to the address specified by the user.

"Service" refers to the technological intermediation and food delivery logistics service provided by Fortunara Express.

Fortunara Express is an intermediation platform that connects users with local restaurants in La Fortuna de San Carlos and surrounding areas. We facilitate the process of ordering, payment, and delivery of prepared food. Fortunara Express is not a restaurant and does not prepare food; we act as technological intermediaries between the user, the restaurant, and the driver.

The service is available in the coverage areas defined by the Platform, including but not limited to: La Fortuna Center, El Tanque, La Palma, and Barrio San Bosco. Coverage areas may vary and be updated without prior notice based on operational availability.

To place orders, you must create an account by providing truthful and up-to-date information, including your full name, a valid email address, phone number, and at least one delivery address within the coverage area. You are responsible for maintaining the confidentiality of your login credentials and for all activities carried out under your account.

You must be at least 18 years of age to create an account and use our services. By registering, you declare under oath that the information provided is truthful and commit to updating it when necessary.

Fortunara Express reserves the right to suspend or cancel accounts that violate these terms, provide false information, misuse or fraudulently use the Platform, or engage in conduct that affects the operation of the service or third parties.

Orders are placed through the Platform by selecting products from the menus of available restaurants. By confirming an order, you agree to pay the total price indicated, which includes the product value, delivery cost calculated based on distance, and any applicable taxes or service charges.

Product and menu availability depends on each restaurant and may vary according to schedules, inventory, and operational capacity. Restaurants reserve the right to accept or reject orders. In case of rejection, the corresponding refund will be processed.

Once an order is confirmed and paid, it will be sent to the restaurant for preparation. The estimated delivery time shown on the Platform is indicative and may vary depending on demand, weather conditions, vehicular traffic, and other external factors beyond our control.

Product prices are set by each partner restaurant and are displayed in Costa Rican colones (₡). Prices include Value Added Tax (VAT) where applicable under current tax legislation. Delivery costs are dynamically calculated based on the actual distance between the restaurant and the user's delivery address.

Payments are securely processed through our PCI-DSS certified payment processor. We accept Visa and Mastercard debit and credit cards. Your card data is sent directly to the payment processor and never passes through Fortunara Express servers.

When saving a payment method to your account, the payment processor may make a temporary verification charge that will be automatically reversed within minutes. Fortunara Express does not store complete card numbers, expiration dates, or CVV security codes.

Deliveries are made exclusively to addresses registered by the user that are within the current coverage area. The user is responsible for providing an accurate address, with correct coordinates and clear references that facilitate location by the driver.

At the time of delivery, the driver will request a verification code that the user will receive through the Platform. This code confirms the recipient's identity and the successful receipt of the order. Do not share the code with unauthorized third parties.

If the user is not available to receive the order, does not provide the delivery code, or does not respond to the driver's contact attempts within a reasonable time, Fortunara Express will not be responsible for the loss, deterioration, or return of the order. No refunds will be issued in these cases.

The user may cancel an order free of charge only before the restaurant begins preparation. Once the restaurant has confirmed and started preparation, cancellations will not be accepted except in exceptional circumstances evaluated by our support team.

In case the order presents quality issues, missing products, incorrect products, or errors attributable to the restaurant or the service, the user must report the incident through our support email (soporte@fortunaraexpress.com) within 2 hours of delivery. Photographic evidence may be required when applicable. Fortunara Express will evaluate each case individually and may offer a partial or full refund, a compensation coupon, or a reshipment of the order depending on the nature of the claim.

Approved refunds will be processed through the same payment method used in the original purchase. The crediting time depends on the user's banking institution and may take between 5 and 15 business days. Fortunara Express has no control over bank processing times.

The user agrees to: use the Platform lawfully and in good faith; provide truthful, complete, and up-to-date information; not use the Platform for fraudulent, illegal, or harmful activities; treat drivers, restaurant staff, and support team with respect and dignity; not share login credentials with third parties; immediately report any unauthorized use of their account.

The user is responsible for verifying possible food allergies and intolerances before placing an order. Although the Platform allows indicating allergies and special notes, Fortunara Express does not guarantee that restaurants can comply with all dietary restrictions. Users with severe allergies should contact the restaurant directly before ordering.

All content on the Platform, including but not limited to texts, images, logos, iconography, visual design, source code, database, and the "Fortunara Express" trademark, are the exclusive property of Fortunara Express or its licensors and are protected by the intellectual property laws of the Republic of Costa Rica and applicable international treaties.

The reproduction, distribution, modification, reverse engineering, data extraction, or any unauthorized use of any Platform content without the prior written consent of Fortunara Express is strictly prohibited. Use of the Platform does not grant the user any intellectual property rights over the content.

Fortunara Express acts as a technological intermediary between users, restaurants, and drivers. We are not responsible for: the quality, taste, temperature, presentation, or hygienic conditions of food prepared by restaurants; delivery delays caused by external factors beyond our control (traffic, weather conditions, force majeure, national emergencies); damages resulting from misuse of the Platform or the user's breach of these terms.

To the maximum extent permitted by Costa Rican law, Fortunara Express's total cumulative liability to the user for any claim arising from the use of the service shall not exceed the total amount of the specific order that gave rise to such claim.

The processing of your personal data is governed by our Privacy Policy, which constitutes an integral part of these Terms and Conditions and is available on the Platform. By accepting these terms, you also consent to the processing of your personal data as established in said policy.

Fortunara Express complies with Law No. 8968 on the Protection of Persons with Respect to the Processing of their Personal Data of the Republic of Costa Rica, its Regulations (Executive Decree No. 37554-JP), and the guidelines issued by the Data Protection Agency (PRODHAB).

Fortunara Express reserves the right to modify, update, or supplement these Terms and Conditions at any time and at its sole discretion. Changes will be effective immediately upon publication of the updated version on the Platform. The last updated date will be indicated at the beginning of the document.

Users will be notified of significant or substantial changes through the email address registered in their account or through prominent notices on the Platform. Continued use of the service after publication of changes constitutes tacit acceptance of the modified terms.

These Terms and Conditions are governed by, interpreted, and enforced in accordance with the current laws of the Republic of Costa Rica. Any controversy, dispute, or claim arising from the use of the Platform or the interpretation of these terms shall be submitted to the jurisdiction of the competent courts of the Second Judicial Circuit of the Northern Zone, canton of San Carlos, province of Alajuela, Republic of Costa Rica.

Before initiating any judicial proceedings, the parties commit to attempting to resolve the dispute amicably through our customer service within a period of 15 business days.

For inquiries, complaints, suggestions, or requests related to these Terms and Conditions, you may contact us through the following means: