Terms and conditions

GENERAL TERMS & CONDITIONS FOR THE VEHICLE RENTAL SERVICE

ACCIONA MOBILITY offers its Users a vehicle time-sharing and booking service within the Service Area, subject to the vehicle availability and the User entering into a Vehicle Rental agreement, all in accordance with what is set forth in these Terms and Conditions and its annexes, as well as services associated with this Rental designed to enhance the User’s mobility experience (the “Service).

The use of the Application and/or the Service is subject to these terms and conditions.

1. Definitions

2. Purpose

3. User Registration

4. Registration and documentation delivery and validation procedure

5. Motorbike Rental Process

6. Access and Use of the Motorbikes

7. End of Motorbike Rental.

8. Restrictions on use of Service

9. Payment of the Service

10. Insurance and excess

11. User’s liability

12. Administrative penalties and charges

13. Termination of the contractual relationship

14. Liability of the Company

15. Location devices

16. Customer Service/Complaints

17. Industrial and Intellectual Property

18. Assignment of credits

19. Severability

20. Right of withdrawal

21. Applicable law and jurisdiction

ANNEX 1:  Pricing Policy

Appendix 1.1: Particular Conditions Madrid.

  1. a) Rates

There are two driving modes, according to the following table, which the User may choose by pressing the “Mode” button on the Motorbike.  Depending on the mode chosen, a different rate per minute will be applied

Mode

Price

Mode S

€ 0.26 per minute

Mode C

€0.28 per minute

Mode X

€0.35 per minute

Pause

€0.05 per minute

 

The “Pause” mode will be limited to six consecutive hours.  In the event that the pause should last longer than 6 hours and the trip must be cancelled outside of the Service Area, this will be considered abandonment of the Motorbike.

 

  1. b) Excess

Fares

Excess

Mode S

€800

Mode C

€800

The insurance includes third party liability cover.  Full cover in the event of damage or theft of the actual vehicle, with an excess of eight hundred (800) euros.  In cases of User liability, the User must pay the amount of the damages, up to the values mentioned above.  The insurance policy includes cover for driver’s personal injury.

  1. c) Table of damages and penalties

List of damages:

Description

Amounts

Front headlight

€80

Rear light

€50

Handlebar trim

€10

Footrest

€50

Front mudguard

€50

Rear mudguard

€25

Right brake lever

€20

Left brake lever

€20

Left rear view mirror

€10

Right rear view mirror

€10

Centre stand

€60

Rear registration plate and light support

€40

Broken or lost registration plate

€30

Display panel

€200

Battery

€2000

Trunk

€200

Trunk button

€25

Pump

€50

Leg Cover Rug

€80

Top case lid

€25

Painted swinging arm

€150

Front disc

€50

Rear disc

€50

Front brake calliper

€75

Rear brake calliper

€75

Horn

€15

Headlight bulb

€8

Side stand

€40

Indicator set

€20

Front indicator light

€40

Rear indicator light

€40

Left light panel

€50

Right light panel

€35

Registration plate light

€15

Right/left bar front suspension

€50

Handlebar

€60

Full seat

€40

Passenger seat

€80

Side retro-reflector

€5

Leg protector

€50

Front shield

€80

Inner front cover

€60

Bag carrying hook

€5

Lower keel cover

€30

Front wheel rim

€60

Front tyre

€80

Back tyre

€80

Loss of motorbike documentation

€30

Helmet loss or breakage

€30

Passenger stirrup

€15

Seat lock

€20

Keel

€40

Bearings

€25

Mobile phone support

€35

Engine cover ring

€50

Engine

€450

Chassis realignment

€350

Shank

60,00 €

Right side cover

30,00 €

Left side cover

40,00 €

Accelerator assembly

35,00 €

Front/rear brake pump

60,00 €

LED beacon support

25,00 €

Tilting lid

20,00 €

Labour costs, at €45/h, must be added to all the amounts indicated in the previous table.

List of penalties

Administrative expenses

Amounts

Processing fines

€25

Non-payment of bills

€25

Cost of removing vehicle from vehicle holding yard

€25

Failure to report theft

€150

 

Misuse Charges

Amount

Booking the service more than twice without starting trip

€50

Abandoning the vehicle without having completed the service

€150

Driving by a person not authorised by the service

€200

Driving the vehicle without documentation in force

€150

Parking in a private car park, reserved access or restricted area or not on the street

€150

Reporting an incident with more than a 3 h delay

€25

Failure to report an incident 24 h since occurrence thereof.

€50

 

Operations charges

Amounts

Removal of incorrectly parked motorbike

€25

Removal of the motorbike outside of the permitted area

€50

Removal of motorbike due to low battery charge

€30

Removal of motorbike from holding depot

(to be determined) *

 

*The penalty for removal shall be equal to the fee charged by the local authority responsible for removing vehicles from roads and streets.  The fee shall be attached by way of receipt.

The prices of damages and penalties do not include VAT, which is charged separately.

 

Appendix 1.2:  Particular Conditions Valencia

  1. a) Rates

There are two driving modes, according to the following table, which the User may choose by pressing the “Mode” button on the Motorbike.  Depending on the mode chosen, a different rate per minute will be applied

Mode

Price

Mode S

€ 0.25 per minute

Mode C

€0.27 per minute

Pause

€0.05 per minute

 

The “Pause” mode will be limited to six consecutive hours.  In the event that the pause should last longer than 6 hours and the trip must be cancelled outside of the Service Area, this will be considered abandonment of the Motorbike.

Rates of the passes: 

Pass Minutes Price/minute Price/pass
Pass 45 45 0,23€* 10,35€ 
Pass 100 100 0,22€* 22€
Pass 250 250 0,20€* 50€
Pass 500 500 0,19€* 95€

 

* Same price per minute as shown in the table for Standard and Custom modes. Break rate will be charged separately for 0,05€/min.  

 

  1. b) Excess

Fares

Excess

Mode S

€800

Mode C

€800

The insurance includes third party liability cover.  Full cover in the event of damage or theft of the actual vehicle, with an excess of eight hundred (800) euros.  In cases of User liability, the User must pay the amount of the damages, up to the values mentioned above.  The insurance policy includes cover for driver’s personal injury.

  1. c) Table of damages and penalties

List of damages:

Description

Amounts

Front headlight

€80

Rear light

€50

Handlebar trim

€10

Footrest

€50

Front mudguard

€50

Rear mudguard

€25

Right brake lever

€20

Left brake lever

€20

Left rear view mirror

€10

Right rear view mirror

€10

Centre stand

€60

Rear registration plate and light support

€40

Broken or lost registration plate

€30

Display panel

€200

Battery

€2000

Trunk

€200

Trunk button

€25

Pump

€50

Leg Cover Rug

€80

Top case lid

€25

Painted swinging arm

€150

Front disc

€50

Rear disc

€50

Front brake calliper

€75

Rear brake calliper

€75

Horn

€15

Headlight bulb

€8

Side stand

€40

Indicator set

€20

Front indicator light

€40

Rear indicator light

€40

Left light panel

€50

Right light panel

€35

Registration plate light

€15

Right/left bar front suspension

€50

Handlebar

€60

Full seat

€40

Passenger seat

€80

Side retro-reflector

€5

Leg protector

€50

Front shield

€80

Inner front cover

€60

Bag carrying hook

€5

Lower keel cover

€30

Front wheel rim

€60

Front tyre

€80

Back tyre

€80

Loss of motorbike documentation

€30

Helmet loss or breakage

€30

Passenger stirrup

€15

Seat lock

€20

Keel

€40

Bearings

€25

Mobile phone support

€35

Engine cover ring

€50

Engine

€450

Chassis realignment

€350

Shank

60,00 €

Right side cover

30,00 €

Left side cover

40,00 €

Accelerator assembly

35,00 €

Front/rear brake pump

60,00 €

LED beacon support

25,00 €

Tilting lid

20,00 €

Labour costs, at €45/h, must be added to all the amounts indicated in the previous table.

List of penalties

Administrative expenses

Amounts

Processing fines

€25

Non-payment of bills

€25

Cost of removing vehicle from vehicle holding yard

€25

Failure to report theft

€150

 

Misuse Charges

Amount

Booking the service more than twice without starting trip

€50

Abandoning the vehicle without having completed the service

€150

Driving by a person not authorised by the service

€200

Driving the vehicle without documentation in force

€150

Parking in a private car park, reserved access or restricted area or not on the street

€150

Reporting an incident with more than a 3 h delay

€25

Failure to report an incident 24 h since occurrence thereof.

€50

 

Operations charges

Amounts

Removal of incorrectly parked motorbike

€25

Removal of the motorbike outside of the permitted area

€50

Removal of motorbike due to low battery charge

€30

Removal of motorbike from holding depot

(to be determined) *

 

*The penalty for removal shall be equal to the fee charged by the local authority responsible for removing vehicles from roads and streets.  The fee shall be attached by way of receipt.

The prices of damages and penalties do not include VAT, which is charged separately.

 

Appendix 1.3:  Particular Conditions Hospitalet de LLobregat

  1. a) Rates

There are two driving modes, according to the following table, which the User may choose by pressing the “Mode” button on the Motorbike.  Depending on the mode chosen, a different rate per minute will be applied

Mode

Price

Mode S

€ 0.25 per minute

Mode C

€0.27 per minute

Pause

€0.05 per minute

 

The “Pause” mode will be limited to six consecutive hours.  In the event that the pause should last longer than 6 hours and the trip must be cancelled outside of the Service Area, this will be considered abandonment of the Motorbike.

Rates of the passes: 

Pass Minutes Price/minute Price/pass
Pass 45 45 0,23€* 10,35€ 
Pass 100 100 0,22€* 22€
Pass 250 250 0,20€* 50€
Pass 500 500 0,19€* 95€

 

* Same price per minute as shown in the table for Standard and Custom modes. Break rate will be charged separately for 0,05€/min.  

 

  1. b) Excess

Fares

Excess

Mode S

€800

Mode C

€800

The insurance includes third party liability cover.  Full cover in the event of damage or theft of the actual vehicle, with an excess of eight hundred (800) euros.  In cases of User liability, the User must pay the amount of the damages, up to the values mentioned above.  The insurance policy includes cover for driver’s personal injury.

  1. c) Table of damages and penalties

List of damages:

Description

Amounts

Front headlight

€80

Rear light

€50

Handlebar trim

€10

Footrest

€50

Front mudguard

€50

Rear mudguard

€25

Right brake lever

€20

Left brake lever

€20

Left rear view mirror

€10

Right rear view mirror

€10

Centre stand

€60

Rear registration plate and light support

€40

Broken or lost registration plate

€30

Display panel

€200

Battery

€2000

Trunk

€200

Trunk button

€25

Pump

€50

Leg Cover Rug

€80

Top case lid

€25

Painted swinging arm

€150

Front disc

€50

Rear disc

€50

Front brake calliper

€75

Rear brake calliper

€75

Horn

€15

Headlight bulb

€8

Side stand

€40

Indicator set

€20

Front indicator light

€40

Rear indicator light

€40

Left light panel

€50

Right light panel

€35

Registration plate light

€15

Right/left bar front suspension

€50

Handlebar

€60

Full seat

€40

Passenger seat

€80

Side retro-reflector

€5

Leg protector

€50

Front shield

€80

Inner front cover

€60

Bag carrying hook

€5

Lower keel cover

€30

Front wheel rim

€60

Front tyre

€80

Back tyre

€80

Loss of motorbike documentation

€30

Helmet loss or breakage

€30

Passenger stirrup

€15

Seat lock

€20

Keel

€40

Bearings

€25

Mobile phone support

€35

Engine cover ring

€50

Engine

€450

Chassis realignment

€350

Shank

60,00 €

Right side cover

30,00 €

Left side cover

40,00 €

Accelerator assembly

35,00 €

Front/rear brake pump

60,00 €

LED beacon support

25,00 €

Tilting lid

20,00 €

Labour costs, at €45/h, must be added to all the amounts indicated in the previous table.

List of penalties

Administrative expenses

Amounts

Processing fines

€25

Non-payment of bills

€25

Cost of removing vehicle from vehicle holding yard

€25

Failure to report theft

€150

 

Misuse Charges

Amount

Booking the service more than twice without starting trip

€50

Abandoning the vehicle without having completed the service

€150

Driving by a person not authorised by the service

€200

Driving the vehicle without documentation in force

€150

Parking in a private car park, reserved access or restricted area or not on the street

€150

Reporting an incident with more than a 3 h delay

€25

Failure to report an incident 24 h since occurrence thereof.

€50

 

Operations charges

Amounts

Removal of incorrectly parked motorbike

€25

Removal of the motorbike outside of the permitted area

€50

Removal of motorbike due to low battery charge

€30

Removal of motorbike from holding depot

(to be determined) *

 

*The penalty for removal shall be equal to the fee charged by the local authority responsible for removing vehicles from roads and streets.  The fee shall be attached by way of receipt.

The prices of damages and penalties do not include VAT, which is charged separately.

 

ANNEX 2: Insurance conditions

The Motorbike has an insurance policy that includes the following covers:

 

In addition, the User’s liability for damage caused to the Motorbike is limited and covered by an all risk insurance policy, with an excess, as set forth in the following clauses.  Only the authorised User may benefit from the vehicle damage cover.

In the event of damage caused to the Motorbike while being used by the User or damage caused by the User, the latter shall be held liable for such damage up to an excess of €800.

Both the abovementioned insurance policy and the limitation of liability shall be subject to the policy and general conditions of motor vehicle obligatory insurance set forth in the Law of Insurance Contracts and the General and Particular Conditions that Acciona Mobility has agreed with the Insurance Company.

Should the User fail to fulfil any of the obligations set forth in the Law of Insurance Contracts and this should exempt the Insurer from paying out any benefits, the insurance cover in place shall not be of application.  In this case, the limitation of liability to the excess shall likewise not be of application.

The insurance cover shall not be of application if the damage is caused deliberately.

In the event of the damage being caused by gross negligence, the User will be held liable by Acciona Mobility in accordance with the Law of Insurance Contracts.  In the event of damage caused to a Motorbike, the User’s liability shall be limited to the amount of the excess agreed if the Motorbike has been used in accordance with the contract and the damage has been reported with no unjustified delay.  The limitation of liability to the amount of the agreed excess shall not apply when the User causes a mechanical failure due to poor driving, gross negligence or wilful intent.

 

ANNEX 3:  Withdrawal Form

(If you wish to withdraw from this agreement, please fill out this form and return to the Company, to the postal or electronic mail address shown below).

To Acciona Mobility, with address for the purposes herein in Centro de Negocios Albatros, Calle Anabel Segura 11, edificio D, 28108 Madrid (Alcobendas), and email address: hola@acciona-motosharing.com

I, ___________________ hereby notify you of my intention to withdraw from the agreement for the provision of the Motosharing service offered by ACCIONA Mobility. Requested in _________________. Name _________________. Address __________________________________. Signature (only if this form is sent by paper ) _______