Terms and conditions

GENERAL TERMS & CONDITIONS FOR THE VEHICLE RENTAL SERVICE

Effective as of 5th May 2022

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 process and procedure for submission and validation of documentation
  5. Vehicle Rental Process
  6. Access to and use of vehicles
  7. Ending use of the vehicle
  8. Restrictions on the use of the service
  9. Payment for the service
  10. Insurance and excess
  11. Users’ liability
  12. Administrative penalties and sanctions
  13. Termination of the contractual relationship
  14. Liability of the company
  15. Location devices
  16. Customer Service Helpdesk
  17. Industrial and intellectual property
  18. Assignment of receivables
  19. Validity of the clauses
  20. Right of withdrawal
  21. Applicable law and jurisdiction

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

 

Any failure to comply with these prohibitions will authorise the Company to terminate the agreement, without prejudice to the sanctions or compensation that might be appropriate.

9. Payment of the Service

10. Insurance and excess

11. User’s liability

12. Administrative penalties and charges

13. Termination of the contractual relationship

The stated violations will result in the imposition of the penalties established for each case in the Pricing Policy or Rates Policy

 

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: Insurance conditions

CONDITIONS EFFECTIVE AS OF 23 FEBRUARY 2022 (*)

The Motorcycle has insurance that includes the following cover:

  1. Compulsory civil liability insurance.
  2. Voluntary civil liability. Capped at EUR 50,000,000 per claim.
  3. Legal Protection. Legal Defence and Claims for damages. Capped at EUR 600.
  4. Driver and passenger accidents. The upper limits in terms of capital for this guarantee are: 

                a) Death: EUR 12,000 per victim

                b) Permanent Disability: EUR 12,000 per victim.

 

In addition, the responsibility of the User for damages to the motorcycle is limited and corresponds to fully comprehensive cover, with partial cover according to the provisions of the following clauses. Only the authorised User can benefit from vehicle damage cover.

In the event the Motorcycle is damaged while being used by the User, or the User causes the damage, the User will be liable up to EUR 99.

Both the insurance referred to and the aforementioned limitation of liability will be subject to the policy, to the general conditions on compulsory motor vehicle insurance, as provided for in the Insurance Contract Law, to the General and Specific Conditions that ACCIONA Mobility has agreed with the Insurer, where relevant, and to this contract.

Should the User fail to fulfil any obligation stipulated in the Insurance Contract Law and this results in an exemption from payment for the insurer, the insurance cover provided will not apply. In such a case, the limitation of liability will not apply.

The insurance cover will not apply if the damages are caused deliberately by the User.

In the event that the damage is caused due to gross negligence, the User will be responsible to ACCIONA Mobility in accordance with the Insurance Contract Law. In the case of damages to a Vehicle, the User's liability is limited to the amount agreed if the Motorcycle has been used in accordance with the contract and notification of the damage has been provided without unjustified delay. The limitation of liability to the amount agreed will not apply in cases where the User causes mechanical damage due to poor driving, gross or wilful negligence.

 

 (*) Conditions and charges in force for incidents occurring prior to 23 February 2022

In the event that the Motorcycle is damaged while being used by the User, or the User causes the damage, the User will be liable up to an excess of EUR 800.

In addition to general civil liability insurance, there are two options that will enable the User to reduce the general excess.

INSURANCE ADD-ON OPTION: Option where the User chooses to extend the insurance, in reducing the excess for the coverage, to the terms set out in Annex 1, prior to the start of each trip. This reduction shall only be applicable for trips where this option is selected and upon payment of the fee stipulated in the aforementioned Annex 1

INSURANCE RECURRING OPTION: Option where the User chooses to extend their insurance coverage for all their trips. This option will reduce the excess and extend coverage to the terms set out in Annex 1, with the fixed amount being charged as an extra for each trip. The option will be enabled or disabled by the Users themselves from their profile and will only come into effect once it is activated and until it is deactivated.

All other unspecified conditions are the same for both periods of time. 

 

ANNEX 2:  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: bajas@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 ) _______

 

ANNEX 3: Suggestion and complaint form

Download Suggestion and complaint form here