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

Said licence may not be suspended, withdrawn or revoked at the time of registration as a Service User or at any point during the contractual relationship with the User.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).

(vi) Accept these Terms and Conditions, in addition to their appendices and the privacy policy.

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

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

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: 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 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: 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 ) _______