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.
- 1.1 "Appendices" are the series of documents added to these Terms and Conditions, including the Service Pricing Policy, Insurance Conditions and cancellation Form.
- 1.2 "Application" is a smartphone application for iOS and Android systems enabling registration as a User and acceptance of these Terms and Conditions, as well as the means to access the vehicle booking and rental service.
- 1.3 "Rental” or "use" means each of the uses of the Vehicle Service made by the User via the Application. Every use constitutes an individual rental between the Parties. The Rental will include the particular and specific conditions of each vehicle use, including the identification of the rented vehicle, the term of rental and the applicable Pricing Policy, which shall be shown in the Application at the end of every Rental. In particular, the Rental shall be understood as entered into when the user starts the Motorbike engine.
- 1.4 "Password" means the password required for individual access and use of the Service by the User. This password must consist of at least 6 alphanumeric characters, of which at least one must be a digit and one a letter.
Five incorrect attempts at entering the password will result in the user’s account being blocked.
- 1.5 "Motorbike" is the electric scooter subject to rental.
- 1.6 "Passenger" is any natural person who, albeit not having Rented a Motorbike from the Company and irrespective of said person’s status as a User or otherwise of the Service, is being carried on that Motorbike by a User who has entered into a Rental Agreement.
- 1.7 "Pricing Policy" means the Company’s pricing and rates policy for the use of the Service applicable from time to time. In particular, the Pricing Policy in force from time to time shall be understood as accepted by the User when reserving the Motorbike.
- 1.8 "Service" means the Acciona Mobility motorbike booking and time-sharing service (motosharing), within the Service Area defined by the Company, subject to availability and the User entering into a Rental Agreement in accordance with these Terms and Conditions, as well as the services associated to said Rental.
- 1.9 "Customer Service" means the telephone or electronic customer service available to the User.
- 1.10 "Website" means the Company website, accessible in: movilidad.acciona.com
- 1.11 "Company" is the company Acciona Mobility, a Spanish corporation, with address for the purposes herein in Centro de Negocios Albatros, Calle Anabel Segura 11, edificio D, 28108 Madrid (Alcobendas), with N.I.F. A-82582834, the Service provider.
- .12 "Terms and Conditions" means this document and any modifications made thereto from time to time.
- 1.13 "User" is any natural person who registers and uses the Application and/or the Service, in accordance with what is set forth in these Terms and Conditions.
- 1.14 "Service Area" is the area within one or several municipalities within whose limits the Service and, as need be, the Motorbike Rental, can start and finish. The current Service Areas can be consulted on the Website and in the Application and shall be defined in the pertaining annex along with the pricing policy.
- 2.1. The purpose of these Terms and Conditions is to govern the use of the Service and the Application by the Users as well as the Motorbike booking process.
- 2.2. Use of the Application and/or Service attributes the status of User and assumes full acceptance of all regulations and policies published by the Company, including the conditions of this document, the terms of the corresponding Leases and the Service Pricing Policy, the acceptance of which is an essential requirement for the provision and use of the Service.
- 2.3. The User must at all times observe any applicable road traffic regulations as well as commitments regarding the booking, use and return of the Motorbike subject to these Terms and Conditions. The User therefore understands and accepts the risks inherent to driving a vehicle to which he/she is exposed during the rental of the Motorbike and hereby assumes liability for them.
- 2.4 The Company expressly reserves the right to make any modifications it may deem appropriate to the Terms and Conditions and the Pricing Policy.
Any modifications made shall be reported to the User by electronic mail and/or the publication thereof in the Website and in the Application. Any change shall be deemed as approved if the User does not object to it within one (1) month as of the announcement of the change in question. The Company may also ask the User to expressly accept the new Terms and Conditions and/or Pricing Policy for use of the Service.
- 2.5. A new rental or use by the User once the changes have been announced will mean the implicit acceptance of such changes in relation to that particular use. In the event of objecting to any of the changes, the User must cease using the Service and the pertaining rental agreement shall be terminated.
3. User Registration
- 3.1 The use of the Service is subject to prior registration by the User on the platform, as well as acceptance of these Terms and Conditions and the delivery of the pertaining documentation to the Company, if requested by the latter, and the acceptance of the Rental terms required for the reservation and use of every Motorbike.
- 3.2 To register as a Service User, the User must meet the following criteria:
- (i) Be of legal age (18 years of age);
- (ii) Provide all the personal data that, as a requirement, is requested during the User registration procedure;
- (iii) Hold a valid and current Spanish national identity document (DNI), foreigner identification number (NIE), passport or other equivalent document;
- (iv) Hold a current and valid driving licence for each type of Vehicle that may be leased. For these purposes, for the use and hire of motorcycles, Users who hold the following will be considered to hold valid driving licences:
- (i) licence type A1 with any issue date.
- (ii) licence type B issued in the last 3 years.
- (iii) driving licences issued within the European Union and/or European Economic Area or Switzerland similar to the above.
Said licence may not be suspended, withdrawn or revoked at the time of registration as a Service User or at any point during the contractual relationship with the User.
(*) Driving licences issued outside the European Union must be validated on a case by case basis, and the Company may demand the documentation or accreditation it deems necessary in each particular case.
- (v) Have a payment method set up in the User's name (i.e. the only valid payment methods accepted will be those in a name which matches the User's).
- 3.3 In the event of loss or withdrawal of the driving licence, the right to rent and ride Motorbikes shall be immediately suspended throughout such period of licence loss or withdrawal. Users must immediately inform the Company of the suspension or limitation of their right to drive, of the execution of any driving ban or of the temporary withdrawal or withholding of their driving licence. Users must validate their driving licences anew once these have been renewed or recovered following withdrawal.
- 3.4 The User warrants that the personal data provided are truthful and shall be responsible for reporting any modification thereof. The User shall be the only person held liable for any damages, whether direct or indirect, that may be caused to Acciona Mobility or to any third party as a result of providing false, inaccurate, incomplete or unauthorised data in the forms.
- 3.5 ACCIONA Mobility reserves the right to refuse to register a user at its discretion if it observes any anomaly in the registration process or any circumstance in violation of the principles of ACCIONA's internal policy.
4. Registration and documentation delivery and validation procedure
- 4.1 Persons meeting the criteria set forth in Clause 3 of these Terms and Conditions may register as Service Users by entering all the details required in the electronic form available on the Website or the Application.
The fields completed by the User during the registration procedure will be stored in the User profile, and shall remain accessible to the User for rectification thereof at any time via the Website, the Application or by contacting Customer Service. The User is obliged to maintain the information provided current.
- 4.2 As a necessary part of the registration process the User must send, via the Application, a double-sided copy of his/her identification documentation and driving licence, for validation by the Company, in accordance with the instructions provided by the Company via said electronic channels. Should the Company, for any reason, be unable to validate any of the documents provided by the User, the Company may ask the User to send such documents by electronic mail or any means allowing for the accreditation of the necessary identification data.
In addition, the Company reserves the possibility of requesting additional procedures to be performed by the User for the purpose of confirming or verifying his/her identity and the validity of the pertaining driving licence or permit, including requesting the User’s personal appearance at any of the Company offices or point of verification that may be designated.
- 4.3 The Company will validate the application details once the registration process has been completed, reserving the right to refuse registration by a User if there are reasons to consider that the criteria to use the Service are not met.
- 4.4 The registration will be considered complete and validated once the User has provided all the data and documentation requested and this has been approved by the Company. Once this process has been completed, the User will receive a verification communication in his/her User account by email or SMS sent to the electronic mail address or telephone number indicated for registration, containing a link for confirmation.
- 4.5 To access and use the Service and the Application, the User must use his/her Username and Password, which will be assigned during the registration procedure. The User is responsible for the proper safekeeping of the Username and Password for use of the Service, preventing unauthorised use or access by third parties.
- 4.6 In the event of loss or suspected loss of any of the Passwords, the User must change them to new ones as soon as possible and, should this not be feasible, report this to the Company immediately so that the appropriate measures can be taken.
- 4.7 The User shall not be allowed to have more than one account without the Company’s express consent.
- 4.8 The free time of use that the Company offers as an introductory courtesy is available only once per user and for a maximum period of one month; after that time, the unused time will expire.
5. Motorbike Rental Process
- 5.1 To rent and use a Motorbike, the User must:
- (i) have completed prior registration as a User of the Service and keep it current and in force;
- (ii) been validated by the Company, in accordance with the criteria set forth in point 4;
- (iii) have chosen a method of payment accepted by the Company and entered the pertaining data;
- (iv) have downloaded and kept the Application installed in a compatible mobile device. In no case shall the Company be responsible for the compatibility between the application and the User device.
- (v) have asked to Rent a Motorbike via the Application, having accepted the Pricing Policy in force at that time; and
- (vi) Carry a valid and current driving licence throughout the Motorbike Rental period.
- 5.2 The Motorbikes may be used and rented by Users only. Only Motorbikes identified as available at the time of Rental may be rented by the User.
- 5.3 The Company may reject a reservation in the event the selected Motorbike is not available for any reason. The reservation of a Motorbike shall be understood as confirmed when the Company informs the User thereof by notification via the Application [and/or a booking confirmation sent by email or SMS].
- 5.4 The User may reserve a Motorbike at no cost whatsoever for the maximum period specified in the Application without commencing the Rental Should the User not have started the use of the Motorbike (and therefore not begun the Rental) by the end of this period, the reservation shall be automatically cancelled, and the Motorbike will become available for reservation by any other User. The Company reserves the right to charge the User the pertaining penalty set forth in the Pricing Policy in the event of repeated reservations without having started the trip.
The Motorbike Rental period shall be shown in the Application during the period of use of the Motorbike by the User, as well as the cost thereof. As soon as the User ends the Rental, the application screen will display a final summary breakdown of the overall cost and time of Rental.
6. Access and Use of the Motorbikes
- 6.1 The User must use the Service and, in particular, the Motorbike, with the utmost care and in accordance with these Terms and Conditions and the terms of the pertaining Rental agreement.
- 6.2. To use the rented Motorbike, the User undertakes to:
- (i) Before starting to ride the Motorbike, to check its condition in order to verify defects, visible damage or significantly deficient cleanliness, and report this to the Company via the Application by completing the form provided for this purpose or by calling Customer Service. The User is obliged to provide this information in a truthful and complete way. The Company may forbid the use of the Motorbike if driving safety might be compromised;
- (ii) Ensure that the Motorbike is in a suitable state to be ridden and with sufficient battery charge in the Motorbike’s display screen to perform and complete the journey.
- (iii) Meet all the legal criteria regarding the operation and use of the Motorbike, specifically the Spanish Traffic and Motor Vehicle Safety Law, the General Road Traffic Regulations and municipal parking ordinances, as well as any other law which might replace or complement them.
- 6.3 Upon arrival at the location where the Motorbike is parked, the Application will enable the User to start the Motorbike, which will mark the start of the Rental. Once the Motorbike has been started, the User may:
- (i) Access the helmet compartment, located in the Vehicle's top box, by activation of the corresponding button on the Application.
All Vehicles may have two helmets, which must be used by the User and the Passenger, if any, and provided that the safety and precautionary measures permit.
- (ii) Lower the Motorbike from the centre or side stand and press the “MODE” button on the Motorbike handlebar to start the engine.
- 6.4 The User may take a break by pressing the option “Pause” in the Application. This break does not put an end to the Rental, which means that the minutes of the break will continue to be billed at the rate set forth in the Pricing Policy. In the beta test phase, pauses will be limited to a duration of 15 minutes and when the payment service is launched this will be extended to a maximum of 6 hours.
- 6.5 If during the use or Rental the User should detect an anomaly in the motorbike operation, a warning light on the Motorbike display panel or any external sign of failure or malfunction, the User must stop the Motorbike and report such an incident as soon as possible to Customer Service.
7. End of Motorbike Rental.
- 7.1 When the User wishes to end the Motorbike Rental, the Motorbike must be properly parked in the location marked for parking such vehicles in the Service Area, place the Motorbike on the central or side stand and stow away the helmets in the trunk. At that time, the User may terminate the Rental by pressing the “End Rental” button in the Application. If the User should leave the Motorbike without having completed the Rental termination process correctly, the Rental shall continue to be in force at the User’s expense and the Company may penalise the User should the vehicle be left without having terminated the trip.
To terminate the use or Rental, the User must:
- (i) Park the Motorbike properly in a Service Area in accordance with the Traffic Regulations and in a location reserved for this purpose. With regard to the foregoing, the User may not park the Motorbike in private or company facilities (such as garages, courtyards or other) not expressly designated as Company parking areas. This prohibition shall also apply to customer car parks in shopping malls, supermarkets, restaurants and others. The Motorbike must be parked at a location that is accessible for any person at any time. The Motorbike may likewise not be parked in restricted parking zones on certain days or times (loading and unloading areas, authorised vehicle parking areas, etc.) or areas subject to temporary parking restrictions, such as due to an event;
- (ii) Ensure that the Motorbike is left clean and in good working order;
- (iii) Stow away the helmets in the Motorbike trunk and ensure that this has been properly locked, as well as make sure that no personal effects have been left inside; and ensure that all other accessories and documents belonging to the Motorbike are there and correctly placed. If one or both helmets are identified as missing after closing the top box, if it is detected that the top box is not closed properly, or if the closure or the motorcycle's fittings or devices have been manipulated, the Company may check, either onsite or remotely, the state of the same and, if necessary, impose the penalty corresponding to the damage caused and according to the prices and penalties established.
- (iv) Ensure that the Motorbike central or side stand is properly placed;
- 7.2 If the Rental cannot be terminated for any reason, the User must immediately report this to the Company and shall remain with the Motorbike until the Company has made a decision on how to proceed. Any additional Rental costs shall be refunded by the Company to the User once the Company has confirmed that the User is not in default of the Rental conditions.
- 7.3 Any damage caused by returning the Motorbike in a condition other than that set forth in these Terms and Conditions may result in the imposition of the penalties established in the Pricing Policy, as well as assumption by the User of any damages caused to the Company and/or any third party.
- 7.4 The Company reserves the right to terminate rentals that exceed a maximum duration of 10 hours. When this period is exceeded, the Motorbike will be blocked once parked.
- 7.5 Under no circumstances will the Company be responsible for damages, theft or loss of any personal belongings of the User, and specifically the mobile phone or devices used to provide use of the Service. The Company accepts no liability for any belongings used or left by the User inside the top box or in any other accessory of the Vehicle, during use of the same or once the Service has come to an end.
8. Restrictions on use of Service
- 8.1 The User undertakes not to use the Motorbike for the following purposes:
- (i) Remunerated transport of passengers or goods or in any other way integrate the Motorbike Rental into the User’s business or professional activity.
- (ii) Transport of live animals.
- (iii) Push or tow any vehicle or any other object, rolling or not.
- (iv) Transport of more passengers than those authorised and indicated in the Driving Permit and/or Motorbike Technical Inspection Document (MOT)
- (v) Transport of goods in violation of the Law or legal provisions in force, or for unlawful purposes.
- (vi) Transport of any packages or items whose weight, amount and/or size exceeds that authorised in the Driving Permit and/or the Motorbike Technical Inspection Document (MOT).
- (vii) Transport of flammable and/or hazardous items, as well as toxic, harmful and/or radioactive products.
- (viii) Taking part in competitions, official or not; as well as perform resistance testing on materials, accessories or products.
- (ix) Use the Motorbike to perpetrate unlawful acts or acts of vandalism.
- (x) Transport the Motorbike on board any type of means of transport.
- 8.2 In addition, the User is forbidden to:
- (i) Driving the Vehicle under the influence of alcohol, drugs or medication which impair their ability to drive, as well as under conditions of fatigue or illness;
- (ii) Leave the Motorbike in a poor state of hygiene;
- (iii) Charge the Motorbike battery or in any other way manipulate the battery or electronic systems of the Motorbike;
- (iv) Allow a third party to ride the Motorbike or disclose Passwords to third parties, even if such third parties are also Users of the Service;
- (v) Disable or in any other way alter the Motorbike geolocation, monitoring and control tools, as well as any other item or electronic device thereof;
- (vi) Carry out any kind of cosmetic or technical modification of the Motorbike (including, among others, concealing the Company logos or brands);
- (vii) Make repairs or modifications of the Motorbike or commission the performance of such repairs or modifications under the User’s authority, and/or
- (viii) Travel with the Motorbike outside of the area permitted in the Rental Agreement.
- (ix) Assign, sublease, rent, mortgage, pledge, sell, provide as a guarantee or dispose of the Motorbike, its documentation, accessories, tools or parts.
Failure to comply with these prohibitions would enable the Company to terminate the contract, without prejudice to any applicable penalties or compensation.
9. Payment of the Service
- 9.1 User registration is free of charge.
- 9.2 The rates for the use of the Service are set out in the Pricing Policy and may be updated at any time by notification to the User, and be applied to any use subsequent to the notification. The prices are final retail prices, inclusive of the legally applicable VAT. In any event, prices shall be subject to any discounts, promotions or special prices as applied and announced from time to time.
- 9.3 The period of use of the rented Motorbike shall be counted as of the time the Motorbike is unblocked until the proper termination of the Motorbike Rental. In any event, the amounts and rates set forth in the Pricing Policy applicable to the Rental at any given time shall be applied.
- 9.4 The rates applicable to the Service shall be automatically collected by the Company upon termination of the Rental, via the payment method provided by the User. The User shall make sure that the payment method used has sufficient balance. Should there not be sufficient balance to meet a charge, the User must pay to the Company any expenses or fees charged by the bank or payment provider used, as well as the pertaining penalty set forth in the Pricing Policy in force.
- 9.5 Payment default shall result in the temporary suspension of the User’s account, and the User shall be required to settle any outstanding bills within 10 calendar days, notwithstanding the pertaining penalties established in the pricing policy.
- 9.6 Should settlement of the outstanding amounts prove impossible, the Company shall terminate the contract with the User and initiate any legal action deem necessary to claim any damages caused.
- 9.7 The User may request Customer Service to send an invoice for use of Service.
10. Insurance and excess
- 10.1 The civil liability insurance shall be subject to the terms and conditions of the policy and the general conditions regarding mandatory motor vehicle insurance set forth in the Insurance Contracts Law.
Insurance cover shall not be applicable if the damage is caused in a deliberate or negligent way by the User.
- 10.2. In the event that the User should fail to meet any obligation set out in the Insurance Contracts Law and this should result in non-payment from the insurer, the insurance cover set forth shall not be of application.
- 10.3 In the event the damage is due to the User’s gross negligence or wilful intent, the User shall be held liable by the Company in accordance with the Insurance Contracts Law.
In the event of damage caused to the Motorbike, the User’s liability is limited to the excess amount agreed in the pricing policy, provided the Motorbike has been used in accordance with the Terms and Conditions and the damage has been reported without unjustified delay to the Company.
- 10.4 The User shall be held liable for all damage caused if the Accident Report is not properly completed or, as the case may be, the pertaining police report of accident or theft, indicating the vehicle details, drivers and circumstances of the accident.
Accessories (helmet, smartphone holder, trunk, etc.) are not covered by the insurance and are the User’s responsibility.
The insurance shall not cover damage or theft of personal effects left inside the vehicle, as well as any damage caused to the User or third parties due to driving the vehicle in contravention of road traffic safety regulations, as well as in the event of being driven by a third party.
11. User’s liability
- 11.1 The User shall be held liable for damage caused by him/her to the Motorbike, the Company or any third party during the use thereof. The User must inform the Company, via Customer Service, of any damage caused or incident in which he/she is involved during the use of the Motorbike, and shall be obliged to send the accident report to the Company, if any, within 48 hours, except in cases of force majeure, as of the occurrence of the incident.
In such cases, the Company reserves the right to block the use of the Motorbike and to terminate the Rental in question.
- 11.2 In this case, the User authorises the billing of any costs of repair and other expenses arising from the damage caused, respecting the application of excess in the insurance contract.
- 11.3 Notwithstanding the application of the penalties set forth in the Pricing Policy that may be applicable, in the event of default or improper fulfilment by the User of the obligations set forth in these Terms and Conditions, and particularly in the event of lack of care or culpability, negligence or misuse, the User shall be held liable for damage caused to the Motorbike, the Company or any third party (including the Passenger, if any) attributable to the User.
Notwithstanding the foregoing, the Company reserves the right to withhold a deposit of €250 in the event of an incident during the use of the Service, to `pay for any damage that might be caused, and which will be charged at the time of collecting the Rental during which such an irregularity has occurred.
- 11.4 In any event the User undertakes to collaborate with the Company in whatever may be required to enforce the Company’s right as the owner of the Motorbikes before any competent bodies or courts, as well as with the pertaining insurance companies, providing any information that may be necessary.
- 11.5 If the Company should receive a claim for damages as a result of an accident without having received notification and the documentation of the User in charge of the Motorbike at the time of the accident, the Company reserves the right to claim the pertaining costs, as well as to terminate the contractual relationship between the Parties.
- 11.6 In the event that the Motorbike or any of its accessories should be lost, stolen or vandalised by third parties, the User must contact Customer Service and reports such events, following any instructions issued (in particular, those relating to reporting such events to the pertaining authorities).
- 11.7 If the Motorbike should have been towed away by the municipal tow truck, either during the service or due to having left it in a forbidden area at the end of the service, all administrative costs and penalties incurred shall be billed to the User responsible for the infraction, notwithstanding the penalty that may apply in accordance with the applicable Pricing Policy.
- 11.8 The User is responsible for the use of the Vehicle as well as any consequences, damages, infection or compensation arising from such use, either to third parties or to the user, which are not covered by the Vehicle's insurance.
12. Administrative penalties and charges
- 12.1 The Company reserves the right to identify and inform the Public Administration of the identity of the User who has committed the traffic violation during the use of the Service or has parked the Motorbike in no-parking zones as per the pertaining local regulations.
- 12.2 The Company reserves the right to claim back from the User any expenses incurred as a result of the violations committed, as well as the application of the pertaining penalties.
- 12.3 All costs and charges incurred by the Company and the penalties resulting from legal procedures and the abovementioned penalties that are attributable to the User shall be charged to the User responsible for the Motorbike at the time the violation was committed.
- 12.4 Failure to pay the penalties and/or charges shall lead to the suspension and/or termination of the contractual relationship between the Company and the User, and the Company may claim back such amounts notwithstanding any measures deemed appropriate to cover any damages sustained, as well as any legal action claims it may deem appropriate.
13. Termination of the contractual relationship
- 13.1 The contractual relationship between the User and the Company shall be for an indefinite period of time as of acceptance of registration.
- 13.2 The User may cancel his/her registration at any time via the Application and/or Customer Service. Upon registration cancellation,
- (i) The User will no longer have User status,
- (ii) Access to the Service will be disabled, and
- (iii) the contractual relationship arising from these Terms and Conditions will no longer be valid (except in regard to those Clauses which continue to be effective even after Contract termination).
- 13.3 The Company may terminate or suspend the contractual relationship when these Terms and Conditions are not met by the User. In such cases, the Company may elect between
- (i) giving the User ten calendar days to correct the default or
- (ii) automatically terminating the Service provided, notifying the User thereof via electronic mail and/or SMS, notwithstanding the claim for damages caused by the User, as any legal action deemed convenient.
- 13.4 The following, but not limited to, conducts shall be considered defaults of these Terms and Conditions:
- (i) Failure by the User to pay for the Services provided by the Company.
- (ii) User’s failure to meet the criteria for contracting and using the Service (minimum age, valid driving licence, among others).
- (iii) Failure by the User to inform the Company of the suspension, revocation or withdrawal of his/her driving licence or any other circumstance which might affect the validity of said driving licence.
- (iv) The use of false documents or –in any events- not belonging to the User when registering for the Service.
- (v) The performance of multiple reservations of one or more Motorbikes without resulting in a Rental.
- (vi) Failure to pay the possible penalties applied by the Company pursuant to the Pricing Policy in force.
- (vii) Parking the Motorbike at the end of the Rental outside of the Service Area or disregarding what is set forth in these Terms and Conditions.
- (vii) Soil the Motorbike or leave it in unhygienic conditions.
- (ix) Using the Service under the influence of drugs, alcohol, psychotropic substances, medication or when ill.
- (x) Make improper or fraudulent use of the User Application or in any other way violate the intellectual property thereof pertaining to the Company.
- (xi) Allow the Motorbike to be ridden by a third party who is not the User who made the reservation.
- (xii) Park in private spaces or areas other than that specifically designated for the parking of two-wheeled vehicles in the street.
- (xiii) The aiding and abetting or wilful or negligent perpetration by the User of theft and/or acts of vandalism in connection with the Motorbike.
- (xiv) Failure to notify or to send the required documentation to the Company in the event of suffering an accident with the Motorbike during the Service.
- (xv) Use of the Motorbike for purposes not permitted by the applicable laws or regulations or by these Terms and Conditions.
- (xvi) As the case may be, the failure to comply with these Terms and Conditions.
14. Liability of the Company
- 14.1 Except for cases of wilful intent or gross negligence by the Company and insofar as permitted by the Law, the Company shall not be held liable for any direct or indirect damages of any kind that may be sustained by the User or a third party as a result of the Service, or changes in the procedures, times and conditions and any other cause attributable to the Company and to its suppliers or third parties in general.
- 14.2 The Company shall also be saved harmless from and against the total or partial fulfilment of its obligations due to force majeure, including, but not limited to: actions by public administration offices, actions of authorities, legal restrictions, fire, flood, explosion, demonstrations, public order disturbances, industrial action, labour conflicts, lack of raw materials, power outages, interruptions in communications and others.
- 14.3 The Company reserves the right to modify, either permanently or temporarily, the Service Areas, on the grounds of the reasons mentioned above.
- 14.4 The Company will not be held liable for any infection or damage resulting from possible disease contagion, however their transmission, origin or characteristics.
- 14.5 The Company shall not be held liable for damages arising from the lack of availability or accessibility of the Application or Website; the interrupted operation of the application or computer failure, disconnection, blockages, delays or interrupted communications due to overload on the networks or data centre; as well as any other damage caused by third parties. Furthermore, it shall not be held liable for damages caused by computer viruses or factors outside of the application or website, introduced by third parties that may cause alterations in the systems, electronic documents or files stored in the devices.
15. Location devices
- 15.1 In order to conserve, protect, detect, prevent crimes and analyse the performance of the Motorbike, the Company shall use electronic devices enabling it to monitor the condition and operation of the Motorbike and follow its movements at all times.
- 15.2 This information may be used by the Company to analyse and validate the proper use of the Service by the User, as well as the performance of the Motorbike.
- 15.3 The compilation and use of this information shall be subject to what is set forth in these Terms and Conditions. The User is therefore expressly informed of the use of these electronic devices by the Company and of the treatment to be given by the Company of the information compiled with them.
- 15.4 The geolocation data shall be kept for a period of 30 days as of each trip or use, after which time the connection between user details and motorbike identification data shall be deleted.
16. Customer Service/Complaints
- 16.1 Any doubts about these Terms and Conditions, the Service or any complaints to be made, must be addressed by the User to the Company’s Customer Service Department, by sending an email to firstname.lastname@example.org or by calling the number 900 866 002 during business hours.
17. Industrial and Intellectual Property
- 17.1 The use by the User of the Service, the Website or the Application does not grant him/her any right whatsoever over the industrial or intellectual property rights of the Company, and the User undertakes to respect each and every one of the industrial and intellectual property rights, including trademarks, logos, domain names or any other intellectual or industrial property right owned by the Company or third parties.
- 17.2 The performance by the User of any act of reproduction, distribution, public communication or any other means of disclosure, transformation and, in general, any other form of exploitation of any contents, information or materials to which the User may have access via the Service, the Website or the Application, whether in full or in part, is expressly forbidden, unless expressly authorised in writing by the owner of such items.
18. Assignment of credits
- 18.1 The Company reserves the right to assign the credits arising from the use of the Service by the Users, following notification to the User. In this case, the User may only make payments to the assignee designed to cancel the debt, and the Company in any event shall remain responsible for any general requests and complaints made by the User in connection with the Service.
- 18.2 To this end, the Company shall provide the personal data of the User that may be required for assignment of credits to the assignee, who may not use such data for any other purpose.
- 18.3 The User authorises the Company or, as the case may be, the assignee, to collect whatsoever amounts owed by the User in relation to these Terms and Conditions or connected with any Rental, using the method of payment specified by the User.
- 19.1 In the event that one or several Clauses of these Terms and Conditions are declared null and void, this shall not affect the validity of the remaining clauses. In this case, the parties undertake to interpret the resulting spaces in accordance with the spirit and assumed intention of the parties hereto and to replace the invalid clauses by other valid ones that are as similar as possible to those rendered null and void from an economic and not material perspective.
20. Right of withdrawal
- 20.1 The Users have the right to withdraw from the contracting and registration process as a registered User (and, as the case may be, from these Terms and Conditions) within fourteen (14) calendar days as of registration, provided they have not carried out any Motorbike Rentals. Rentals cannot be withdrawn from or cancelled by the User once they have been confirmed by the Company, in accordance with that is set forth in the regulations protecting the rights of users and consumers. In light thereof, the formalisation of a first Rental shall mean the User’s loss of said right of withdrawal.
- 20.2 In order to exercise the right of withdrawal, the User must contact the Company using the cancellation button on the website, call Customer Service or send the withdrawal form included at the end of these Terms and Conditions by email, unequivocally stating his/her decision to withdraw from the agreement.
21. Applicable law and jurisdiction
- 21.1 This Agreement is governed by the laws of Spain.
- 21.2 Notwithstanding the rights of the User as consumer or user, the Parties hereby expressly waive any other court that might pertain thereto, and agree to submit any controversy or dispute that might arise from the interpretation or execution of this Agreement to the Courts of the city of Madrid.
ANNEX 1: Insurance conditions
The Motorbike has an insurance policy that includes the following covers:
- 1. Obligatory civil liability cover.
- 2. Voluntary civil liability cover. Maximum limit of €50,000 per claim.
- 3. Legal protection. Defence and Claim for Damages. Maximum limit €600
- 4. Driver and passenger accidents. The maximum capital limits for this guarantee are:
- a. Death: €12,000 per victim
- b. Permanent invalidity: €12,000 per victim
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 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: email@example.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 ) _______