Terms and conditions

GENERAL TERMS AND CONDITIONS OF THE MOTOSHARING SERVICE AGREEMENT

ACCIONA MOBILITY offers its users a by-the-minute booking and motosharing service, within the service area, subject to the availability of motorcycles and, in particular, the rental subscription by the user of the motorcycle in question, in accordance with these terms and conditions, including their appendices, in addition to the services associated with the rental in question which aim to provide an excellent user experience within the scope of mobility (the "Service").

When using the application and/or service, the user is bound by these terms and conditions.

1. Definitions

• 1.1 "Appendices" are documents included in these terms and conditions, including the service price policy, insurance conditions and the termination form
• 1.2 "Application" is a computing tool which works on smartphones. It is available for iOS and Android systems. It is intended for the user to register their acceptance of the terms and conditions and is a means of accessing their booking and renting motorcycles.
• 1.3 "Rental" or "use" refers to the use of the service through the application. An individual rental agreement must be entered into between the parties for every use. The rental includes the particular and specific conditions of each use of the motorcycle, including identification of the rented motorcycle, the rental period and the applicable price policy. They will be presented in the application at the end of each use. In particular, the rental service agreement must be considered to have been entered into at the time at which the user switches on the motorcycle.
• 1.4 "Password" is the password needed by the user to access the service. Passwords must have at least six alphanumeric characters and must include at least one number and one letter.
  A user's account will be blocked if they incorrectly enter their password five times.
• 1.5 "Motorcycle" is the electric scooter subject to rent.
• 1.6 "Passenger" is any individual person who, whilst they did not rent a motorcycle with the company and regardless of whether they are a user of the service, is transported on the motorcycle in question by a user who has concluded the rental service agreement.
• 1.7 "Price policy" is the company's price policy and rates for using the service. It applies at any given time. In particular, the price policy in effect at any given time shall be considered to have been accepted by the user when they request booking a motorcycle.
• 1.8 "Service" is the by-the-minute booking and shared rental service of motorcycles from Acciona Mobility within the service area defined by the company, subject to the availability and subscription by the user, in accordance with these terms and conditions, in addition to the services associated with the rental in question.
• 1.9 "Customer service" is telephonic or electronic customer service for users.
• 1.10 "Website" refers to the company's website, which can be found at:mobilidade.acciona.com
• 1.11 "Company" is the Spanish company Acciona Mobility, located at the Centro de Negócios Albatros, Calle Anabel Segura 11, edificio D, 28108 Madrid (Alcobendas), Spain, with VAT number A-82582834, the "SERVICE PROVIDER".
• 1.12 "Terms and conditions" means this document and any amendments introduced within a certain period of time.
• 1.13 "User" is an individual person who registers with and uses the application and/or service in accordance with the terms and conditions.
• 1.14 "Service area" is the area within one or multiple towns whose limits may be determined when the service begins and terminates and, when necessary, the rental of motorcycles. The current status of the service areas can be viewed on the website and in the application. They are defined in the appropriate appendix together with the price policy.

2. Subject

• 2.1 The subject of these terms and conditions is to govern the use of the service and application by users and the motorcycle booking process.
• 2.2 The use of the application and/or service signals the status of the user and assumes the full acceptance of each and every of the rules and policies published by the company, including the conditions in this document, the terms of the rentals and the service price policy. Acceptance is an essential requirement for providing and using the service.
• 2.3 The user must always comply with the applicable traffic and driving rules and with the motorcycle booking, use and reimbursement requirements in accordance with these terms and conditions. The user therefore understands and is aware of the risks inherent to driving to which they are exposed when renting the motorcycle and assumes full responsibility for such.
• 2.4. The company explicitly reserves the right to make amendments to the terms and conditions and price policy it deems appropriate.
  Users shall be informed of the amendments by email and/or by publication on the website and in the application. Amendments shall be deemed approved if the user does not object to them within a maximum period of one (1) month from the publication or communication of the announcement. In addition, the company may require users to accept the new terms and conditions and price policy explicitly at the time at which they use the service.
• 2.5 Proceeding to a new rental or use after the amendments have been communicated assumes implicit acceptance with regard to this specific use. Should a user object to any of these amendments, they must cease using the service and the relevant agreement shall be deemed terminated.

3. User registration

• 3.1 Using the services requires the registration of the user on the platform in advance in addition to acceptance of these terms and conditions and that any documentation relevant for booking and using each motorcycle be sent to the company where necessary.
• 3.2 To register as a user of the service, the user must comply with the following requirements:
  • (i) Be an adult, i.e. over 18 years of age.
  • (ii) Provide all requested personal data during the process of registering as a user.
  • (iii) Have valid identification.
  • (iv) Have a valid driving licence and the legal authorisation to drive motorcycles.
    • (i) Type A1 licence held for any length of time.
    • (ii) Type B licence held for at least three years.
    • (iii) Driving licence issued in the European Union and/or the European Economic Area or in Switzerland which are equivalent to the above.

     

    Licences cannot be lost, suspended or confiscated on the date on which a user registers with the service or throughout the contractual term.

    (*) Driving licences issued outside the European Union must be validated. The company may ask for the documentation or accreditation it deems necessary.

  • (v) Be able to use a payment method accepted by the company associated with their person (i.e. methods of payment will only be accepted as valid if the user themselves is the holder).
  • (vi) Accept these terms and conditions with their appendices and the privacy policy.

   

• 3.3 If a driving licence is lost, whether misplaced, suspended or confiscated, the right to drive and rent motorcycles shall be immediately suspended during this period. Users must inform the company immediately if their right to drive is suspended or restricted, i.e. effectively if they are banned from driving. Users must revalidate any permission they have once this permission is renewed or restored.
• 3.4 Users shall ensure that the personal information provided is true. Users shall be responsible for informing the company of any changes. Users shall be solely responsible for any loss of damage, whether direct or indirect, which may affect Acciona Mobility or third parties due to forms being filled out with false, inaccurate, incomplete or unauthorised information.

4. Registration procedure; sending and validating documentation

• 4.1 Individuals who comply with the requirements of clause 3 of these terms and conditions may register as users of the service by entering all necessary information on the electronic form available on the website or in the application.
  The fields filled out by the user during the registration process shall be stored in the user's profile. Users may access and correct this information at any time through the website or application or by contacting customer service. Users undertake to keep this information up to date.
• 4.2. During the registration process, users must send a copy, front and back, of their identification document and their driving licence through the application for validation by the company according to the instructions through the referred methods. If the company, for any reason, is not able to validate any of the documents provided by the user, it may ask the user to send any of the documents by email or any other method by which the identification requirements can be certified.
  In the same way, the company reserves the right to ask the user to complete additional procedures to prove or verify their identity and that they possess the relevant driving licence, including the possibility of requiring the user to appear in person at one of the company offices or at a place of verification chosen for this purpose.
• 4.3 The company shall validate the information of the request and that the registration process has been completed, reserving the right to refuse the registration of a user if there is reason to believe that they do not meet the requirements.
• 4.4 Registration shall be considered finalised and validated as soon as the user has provided all required information and documentation which has been approved by the company. Once this process has been completed, the user shall receive a verification communication in their user account. This will either be an email or text message with a confirmation link sent to the email address or telephone number provided in the user's registration process.
• 4.5 Users must use the username and password assigned to them during the registration process in order to access and use the service and application. Users are responsible for protecting their username and password to use the service, blocking any improper use or access by third parties.
• 4.6 If a user loses or thinks they have lost any of their passwords, they must change it as quickly as possible. If this is not possible, they must inform the company as quickly as possible so it may take appropriate measures.
• 4.7 Users are not permitted to have more than one account without the express consent of the company.
• 4.8 The time of use that by courtesy of the Society is offered free of charge to the user, will be available only once per user and for a maximum time of 1 month; after that time the unused time will expire.

5. Motorcycle rental process

• 5.1 In order to rent a motorcycle, users must:
  • (i) Have completed registration in advance as a user of the service and maintain registration;
  • (ii) Have been validated by the company in accordance with the requirements indicated in section 4;
  • (iii) Have selected a payment method accepted by the company in the service and entered the relevant information;
  • (iv) Have downloaded the application and keep it installed on their compatible mobile device. In any event, the company shall be responsible for the compatibility between the application and the user's device.
  • (v) Request the renting of a motorcycle through the application, accepting the price policy in effect at that time; and
  • (vi) Hold a valid driving licence when renting the motorcycle.

   

• 5.2 Only registered users may use and rent motorcycles. They may only rent the motorcycles identified as being available at the time when the user wishes to use the rental service.
• 5.3 The company may refuse a booking if the motorcycle chosen is not available for the booking request for any reason. A motorcycle booking shall be considered confirmed when the company informs the user of such by notification through the application (and/or by sending booking confirmation by email or text message).
• 5.4 Users may book a motorcycle free of charge throughout the maximum period of time specified in the application without the rental actually beginning. After the aforementioned period expires without the user having started to use the motorcycle (and, therefore, without having begun their rental), the booking shall be automatically cancelled, meaning that the motorcycle can be booked by any other user. The company reserves the right to apply an appropriate penalty to the user as set out in the price policy if a user repeatedly books motorcycles without ever driving them.
  The motorcycle rental duration shall be shown in the application during the period of its use by the user alongside its cost. When users end their rental, they will see a final summary, properly itemised, of the cost and total rental time on the application screen.

6. Access to and use of motorcycles

• 6.1 The user must use the service and, in particular, the motorcycle with maximum care in accordance with these terms and conditions and with the terms of the relevant rental.
• 6.2 In order to use the rented motorcycle, the user undertakes to:
  • (i) Check the condition of the motorcycle before starting to drive. in order to check for any defects, visible damage or if it is very dirty and inform the company of such through the application by filling out the form available for this purpose or by calling customer service. Users must provide true and complete information. The company may prohibit the use of a motorcycle if driving safety may be compromised.
  • (ii) Certify that the motorcycle is in a suitable condition to be driven and has a battery charge on its display sufficient for starting and finishing the desired route.
  • (iii) Comply with all legal requirements regarding the function and use of the motorcycle, i.e. the Highway Code for motorised vehicles and Road Safety, the General Traffic Regulation and municipal parking statues in addition to any other regulation which may replace or complement them.

   

• 6.3 When reaching the place where the motorcycle is parked, the application allows users to switch on the motorcycle. Rental begins at this point. Once the motorcycle is switched on, users may:
  • (i) Access the helmet compartment located in the motorcycle boot by pressing the appropriate button in the application. All motorcycles have two helmets, which must be used by the user and passenger, if any, and whenever the safety and precaution measures allow for it.

• • (ii) Remove the motorcycle's centre or side stand and press the "MODE" button on the steering wheel to switch it on.

   

• 6.4 Users may take a break during their trip by click the "break" option in the application. This break does not end the rental, meaning that the minutes of the rental during a break shall continue to be billed in accordance with the applicable rate found in the price policy.
• 6.5 If during the use or rental any anomaly in the functioning of the motorcycle is detected or if any indicator on the display lights up or there is any external signal of failure or malfunctioning, users must immediately stop the motorcycle and report to customer service as soon as possible.

7. End of a motorcycle rental

• 7.1 When the user wishes to terminate the motorcycle rental, they must park it properly in a location authorised for this purpose and type of vehicle, within the service area, place the motorcycle on its centre or side stand and put the helmets in the boot. At that time, the user may terminate the rental by clicking on the "terminate" option through the application. If a user abandons the motorcycle without completing the rental process correctly, the rental shall continue in effect at the expense of the user. The company may penalise the user for abandoning the vehicle without terminating their trip.
  In order to finalise use or rental, the user undertakes to:
  • (i) Park the motorcycle properly within the service area in accordance with the Highway Code and in a location authorised for this purpose. As such, users may not park the vehicle in private or company facilities (such as garages, patios, etc.) which are not explicitly defined as company parking. The prohibition shall also apply to parking by customers in shopping centres, supermarkets, restaurants or other commercial areas. The motorcycle must be parked in a location accessible to any person at any time. In addition, the vehicle may not be parked in areas with parking restrictions on certain days and at certain times (loading and unloading areas, areas reserved for parking authorised vehicles, etc.) or areas in which there are parking time restrictions, for example, due to an event;
  • (ii) Guarantee that the motorcycle was kept clean and in good working condition;
  • (iii) Keep both helmets in the motorcycle boot and certify that it has been correctly closed, in addition to verifying that there are no personal items in the boot and guarantee that the remaining accessories and documents pertaining to the motorcycle are in order and in their proper place.
  • (iv) Certify that the centre or side stand of the motorcycle is positioned correctly;

   

• 7.2 If the rental cannot be concluded, for whatever reason, the user shall inform the company without delay and must remain with the motorcycle until the company makes a decision as to how to proceed. Additional rental expenses shall be reimbursed by the company to the user as soon as it is confirmed that the user has not failed to comply with the terms and conditions.
• 7.3 Any damage or prejudice caused in returning the motorcycle contrary to these terms and conditions may result in the penalties set out in the price policy being imposed in addition to compensation for the damage and prejudice 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 ten hours. After this period, the motorcycle shall be blocked as soon as it is parked.

8. Restrictions to the use of the service

• 8.1 Users undertake not to use the motorcycle for the following purposes:
  • (i) The paid transportation of passengers or goods or that in any way includes the rental of motorcycles in their commercial or professional activity.
  • (ii) The transportation of live animals.
  • (iii) Pushing or towing any vehicle or any other object, whether wheeled or not.
  • (iv) The transportation of more passengers than authorised and indicated in the motorcycle Driving Permit and/or Technical Inspection Sheet.
  • (v) The transportation of goods which violate the law or legal provisions in force or for illicit purposes.
  • (vi) The transportation of any packages or objects with a weight, quantity and/or volume greater than what is authorised in the motorcycle Driving Permit and/or Technical Inspection Sheet.
  • (vii) The transportation of inflammable and/or dangerous objects or any hazardous and/or radioactive toxic products.
  • (viii) Participate in competitions, whether official or not; conduct material, accessory or product resistance tests.
  • (ix) Use the motorcycle to commit criminal acts or vandalism.
  • (x) Transport the motorcycle on-board any means of transport.

   

• 8.2 In the same way, users are prohibited from:
  • (i) Driving the motorcycle under the influence of alcohol, drugs or medication that impair your ability to drive, as well as in conditions of fatigue or illness
  • (ii) Leave the motorcycle in inadequate hygienic conditions;
  • (iii) Recharge the motorcycle batteries or manipulate the batteries or electronic systems of the motorcycle in any other way;
  • (iv) Allow any third party to drive the motorcycles or disclose any passwords to third parties, even if they are also users of the service;
  • (v) Deactivate or in any way change the motorcycle geolocation, monitoring and control tools or change any other element or electronic device;
  • (vi) Make any kind of aesthetic or technical change to the motorcycle (including, inter alia, hiding the company's logos or branding);
  • (vii) Make repairs or alterations to the motorcycle or entrust these repairs or alterations under the authority of the user themselves and/or
  • (viii) Drive the motorcycle outside the traffic area permitted in the rental agreement.
  • (ix) Assign, sub-lease, rent, mortgage, discard, sell, give any kind of guarantee or dispose of the motorcycle, its documentation, accessories, tools or parts.

Non-compliance with these prohibitions shall allow the Company to terminate the contract, regardless of the corresponding penalties or damages. 

 

9. Service payment

• 9.1 Registration is free for users.
• 9.2 Service fees are indicated in the Price Policy and may be updated at any time by means of notification sent to the user and may be applied to any use after the notification. Prices are final and include the legally applicable VAT. In any case, the prices shall be subject to applicable bonuses, promotions or special prices. The user shall be informed at the time if any of these apply.
• 9.3 The length of time for which the motorcycle is used shall be calculated from the time the motorcycle is unblocked until the rental is completed. In any case, the amounts and rates set in the price policy which apply to the rental in question shall apply at any given time.
• 9.4 The applicable fees for the service shall be charged by the company automatically at the end of each rental using the means of payment provided by the user. Users shall guarantee that the means of payment used has sufficient funds. If there are not sufficient funds to service an account, users must pay the company, or the payment provider used, the banking expenses in addition to an appropriate find according to the price policy in effect.
• 9.5 Non-payment shall result in the user's account being temporarily suspended. Users shall be notified when they need to settle pending invoices and their account reactivated within a maximum period of ten consecutive days without prejudice to the appropriate fines set in the price framework.
• 9.6 If it is not possible to make the payment, the company shall proceed to terminate the agreement with the user and take the compensation measures it deems appropriate in order to compensate for the damage and prejudice caused.
• 9.7 Users may request that an invoice be sent for using the service by contacting customer service.

10. Insurance and excess

• 10.1 Civil liability insurance shall be subject to the terms of the policy and the general conditions regarding compulsory insurance for motorised vehicles set out in the law applicable to insurance agreements.
  Insurance cover shall not be applied if damage is caused deliberately or negligently by the user.
• 10.2 If the user does not fulfil its obligations set out in the law applicable to insurance agreements which results in a lack of payment by the insurer, the insurance coverage provided shall not apply.
• 10.3 If damage is caused by intent or gross negligence, the user shall be liable to the company in accordance with the law applicable to insurance agreements.
  If there is any damage to the motorcycle, the user's liability is limited to the value of the excess agreed in the price policy if the motorcycle had been used according to the terms and conditions and the company was informed of the damage without any unjustified delay.
• 10.4 Users shall be liable for all damage caused if they do not duly fill out the accident report or, where such applies, the claim relating to an accident or theft, which includes the vehicle information, drivers and the circumstances of the accident.
  Accessories (helmet, smartphone bracket, boot) are not covered by insurance and are the responsibility of the user.
  Insurance shall not cover damage to or theft of personal items left inside the vehicle or any own damage or loss or damage by the holder or third parties which take place as a result of driving the vehicle in conditions contrary to traffic regulations or road safety or if a third party is driving the vehicle.

11. User liability

• 11.1 Users are liable for damage they cause to the motorcycle, the company or any third party which occurs during use. Users must inform the company of any damage which occurs or any incident they are involved in during the use of the motorcycle by contacting customer service, and shall undertake to send the company the appropriate accident report, if applicable, within a maximum period of 48 hours, except in cases of force majeure, starting from the time at which the event occurs.
  In these cases, the company reserves the right to block the use of the motorcycle and terminate the rental in question.
• 11.2 In this case, the user authorises the billing of expenses for the appropriate repairs or other costs which arise from the damage suffered in accordance with the application of the agreed excess.
• 11.3 Without prejudice to the imposition of penalties set out in the price policy which may apply in the event that the obligations set out in these terms and conditions are violated or improperly met by the user, and, in particular, in the event that there is a lack of care or fault, negligence or poor practice, the user shall be liable for the damage caused to the motorcycle, the company or any third party (including passengers, as the case may be) for which the user is responsible.
  Notwithstanding the foregoing, the company reserves the right to retain a deposit of EUR 250 in the event of accidents during the use of the service in order to pay for any damage which may occur, which shall be effective at the time the rent associated with the irregularity is charged.
• 11.4 Users undertake at all times to cooperate with the company, where necessary, to assert the company's rights as an owner of motorcycles before competent bodies and courts, as well as in respect of relevant insurance companies, by presenting all necessary information.
• 11.5 If the company receives a complaint of damage and loss as a result of an accident without receiving notification and documentation from the user liable for the motorcycle at the time of the accident, it reserves the right to reclaim relevant expenses as well as terminate the contractual relationship between the parties.
• 11.6 If the motorcycle or any of its accessories is lost, stolen or vandalised by third parties, the user must contact customer service and report the actions in question following the stated instructions (in particular those relating to the complaint before the competent authorities).
• 11.7 If the motorcycle was towed during the service or after the service has been terminated in a prohibited parking area, all resulting costs and administrative penalties shall be billed to the user responsible for the violation without prejudice to the application of the appropriate penalty according to the price policy in effect.
• 11.8 The user is liable for the use of the vehicle, as well as any of the consequences, damage, infections or damages resulting from said use, whether from third parties or the user themselves, that are not covered by the vehicle's insurance.

12. Penalties and administrative penalties

• 12.1 The company reserves the right to identify the user that committed a traffic violation during the use of the service or that parked the motorcycle in prohibited areas in accordance with relevant local regulations and inform the Public Administration of this identity.
• 2.2 The company reserves the right to reclaim expenses resulting from the violations committed from the user and apply appropriate penalties.
• 12.3 All expenses and charges suffered by the company, penalties resulting from legal proceedings and penalties previously identified for which the user is responsible shall be charged at the time of the violation.
• 12.4 The non-payment of penalties shall result in the suspension and/or termination of the contractual relationship between the company and user, where the company is able to charge these amounts without prejudice in addition to the measures it deems appropriate to compensate for the damage and prejudice caused, in addition to raising claims it deems pertinent.

13. Termination of the contractual relationship

• 13.1 The contractual relationship between the user and the company shall have an indefinite term as soon as registration is accepted.
• 13.2 Users may cancel their subscription to the service at any time through the application and/or by contacting customer service. At the time when the subscription is cancelled:
  • (i) users shall no longer be considered as such,
  • (ii) access to the service shall be deactivated and
  • (iii) the contractual relationship framed in the terms and conditions shall become invalid (except for clauses which may be inferred to be effective even after the contract has been terminated).

   

• 13.3 The company may terminate or suspend the validity of the contractual relationship in cases where the terms and conditions are violated by the user. In these cases, the company may choose between
  • (i) giving a deadline of 10 (ten) consecutive days to remedy the non-compliance or
  • (ii) proceed to automatic termination of the service rendered with notification to the user by email or text message without prejudice to compensation for damage caused by the user in addition to proceeding to raise claims it deems pertinent.

   

• 13.4 By means of example, and not an exhaustive list, the following conduct shall be considered violations of these terms and conditions:
  • (i) Non-payment for the services rendered by the company by the user.
  • (ii) Failure to comply with the requirements under the agreement and the use of the service (including minimum age and a valid driving licence).
  • (iii) Failure by the user to notify the company of the suspension, revocation or confiscation of their driving licence or any other fact.
  • (iv) Use of false documents or documents which, in any case, do not match the user's information at the time of registering with the service.
  • (v) Making multiple bookings for one or more motorcycles without actually starting the rental.
  • (vi) Failure to pay any penalties applied by the company in accordance with the price policy in effect.
  • (vii) Parking the motorcycle at the end of the rental outside the service area or in violation of these terms and conditions.
  • (viii) Dirtying or leaving the motorcycle in poor conditions.
  • (ix) Using the Service under the influence of drugs, alcohol or psychotropic substances, medication or illness.
  • (x) Using the user application in an improper or harmful matter or in any way violate the intellectual property rights of the company.
  • (xi) Permitting the motorcycle to be driven by a third party other than the user who makes the booking.
  • (xii) Parking in private spaces or areas other than those specifically defined for the service of parking of two-wheeled vehicles on public roads.
  • (xiii) The harmful or negligent participation by the user in the theft and/or actions of vandalism regarding the motorcycle.
  • (xiv) Failure to notify or inform the company of involvement in an accident with the motorcycle during the use of the service.
  • (xv) Use the motorcycle for purposes not permitted by applicable laws or regulations or by these terms and conditions.
  • (xvi) According to the circumstances, any violation of the terms and conditions.

14. Company liability

• 14.1 With the exceptions of cases of intent or gross negligence by the company and to the extent permitted by law, the company shall not be liable for direct or indirect damage of any kind which the user or third parties may suffer under any circumstance in the course of the service or amendments to the procedures, timeframes and conditions, or any other reason which can be attributed to the company or its suppliers or third parties in general.
• 14.2 The company's liability shall also be excluded by the full or partial violation of their obligations for reasons of force majeure, including but not limited to: actions by public administration, actions by authorities, legal restrictions, fire, flood, explosions, demonstrations, riots, strikes, labour disputes, a lack of raw materials, energy failures, a breakdown in communications or another event.
• 14.3 The company reserves the right to amend, permanently or temporarily, the service areas as a result of the reasons mentioned under the previous point.
• 14.4 The Company shall not be liable for infection or possible damages resulting from the spread of diseases, regardless of their cause of transmission, origin or characteristics.
• 14.5 The company shall not be liable for damage or loss resulting from the application or website not being available or accessible, and the application not functioning or technical faults, disconnections, blocks, delays or unavailability due to networks or the data centre being overloaded, or any other damage caused by third parties. In this way, it shall not be liable for damage caused by computer viruses or elements outside the application or website introduced by third parties which may lead to changes in the systems, electronic documents or files stored on devices.

15. Tracking devices

• 15.1 In order to store, protect, detect, prevent crimes and analyse the performance of motorcycles, the company shall use electronic devices which allow for the status and functioning of the motorcycles to be monitored and follow its movements at any time.
• 15.2 This information may be used by the company for the purpose of analysis and validation of the suitable use of the service by users in addition to the performance of the motorcycle.
• 15.3 The collection and use of such information shall be handled in accordance with these terms and conditions. For such, users are explicitly informed of the use of the aforementioned electronic devices by the company and the company's processing of the information of collected from them.
• 15.4 Geolocation data is kept for a period of 30 days starting from each journey or use. After the journey, the data shall be disassociated from the user and the identification of each motorcycle shall be deleted.

16. Customer service/complaints

• 16.1 If users have any doubts concerning these terms and conditions or the service or if they have any complaints, they can contact the company through its customer service department by sending an email to ola@acciona-motosharing.com or by calling 800 500 248 within working hours.

17. Industrial and intellectual property

• 17.1 The use of the service, website or application by the user does not grant any right regarding the industrial and intellectual property rights of the company or third parties. The user must respect each and every one of these rights, including trademarks, logos, domain names or any other kind of industrial or intellectual property right of the company or third parties.
• 17.2 The reproduction, distribution, public communication or any other form of provision, processing or, in general, any other kind of exploitation of any content, information or materials which the user may have access to through the service, website or application, whether in whole or in part, is expressly prohibited without the explicit authorisation of the owner in writing.

18. Assignment of loans

• 18.1 The company reserves the right to assign loans derived from the use of the service by users after having notified the user of such. In this case, the user may only make payments to settle the debt with the assignee, where in any case the company is responsible for the user's general requests and complaints regarding the service.
• 18.2 For this purpose, the company shall assign the necessary user information in order to assign the loans to the assignee who may not use the information for any other purpose.
• 18.3 The user authorises the company or, where appropriate, the assignee, to charge any amounts that the user must pay with regard to these terms and conditions or any rental through the means of payment specified by the user.

19. Validity of clauses

• 19.1 If one or several clauses of these terms and conditions is or are declared invalid or void, this shall not affect the validity of the remaining clauses. In this case, the parties undertake to interpret and discuss the failures with willingness and good faith and to replace invalid clauses with other valid clauses which come as close as possible to the invalid clauses in an economic and not material sense.

20. Right of termination

• 20.1 Users are entitled to terminate the contractual process and unregister as a registered user (and, if applicable, these terms and conditions) within 14 (fourteen) consecutive days starting from the date of their subscription provided that they have not proceeded to rent any motorcycles. Rentals may not be terminated or cancelled by users if they have already been confirmed by the company in accordance with the provisions of the regulation on defending the rights of consumers and users. For this reason, the formalisation of an initial rental shall lead to the loss of the aforementioned right of termination for the user.
• 20.2 In order to exercise their right of termination, users must contact the company by using the cancellation button found on the website, by calling customer service or by sending an email to customer service including the termination form included at the end of these terms and conditions, making a clear declaration that they have decided to terminate the agreement.

21. Applicable law and jurisdiction

• 21.1 This agreement is governed by the law of Portugal.
• 21.2 Without prejudice to laws which may aid users in their capacity as a consumer or user, the parties expressly renounce their own jurisdiction and shall submit any dispute which may arise from the interpretation or execution of this agreement to the Courts of Lisbon.

ANNEX 1: Insurance conditions

The motorcycle has insurance with charges as follows:

• 1. Mandatory subscription of civil liability.
• 2. Voluntary civil liability. Maximum limit of EUR 50,000,000 per claim.
• 3. Legal protection. Defence and Claim for damages. Maximum limit of EUR 600.
• 4. Driver and occupant accidents. The maximum capital limits for this guarantee are:  
  • a. Death: EUR 12,000 per victim
  • b. Permanent disability: EUR 12,000 per victim.

In addition, the user's liability for damage to the motorcycle is limited and has full risk coverage with partial coverage with excess according to the following clauses. Only the authorised user may benefit from coverage for damage to the vehicle.

If the motorcycle is damaged during use or as a result of damage caused by the user, the user shall be liable up to an excess of EUR 800.

Both insurance and the aforementioned limitation of liability shall be subject to the policy and the general conditions in terms of mandatory insurance for motorised vehicles provided for under the law applicable to insurance agreements and in the general and particular conditions which Acciona Mobility has agreed with the insurance company.

If the user does not fulfil its obligations set out in the law applicable to insurance agreements which results in a lack of payment by the insurer, the insurance cover provided shall not apply. In this case, the limitation of liability for the excess shall not apply.

Insurance coverage shall not be applied if damage is caused deliberately.

If damage is caused by gross negligence, the user shall be liable to Acciona Mobility in accordance with the law applicable to insurance agreements. In the case of motorcycle damage, the liability of the user shall be limited to the amount of the agreed excess if the motorcycles had been used in accordance with the agreement and the company had been informed of the damage without unjustified delays. The limitation of liability for the amount of the agreed excess shall not apply when the user causes mechanical damage due to a lack of control, gross negligence or intent.

 

APPENDIX 2: Termination form

(If you wish to terminate this agreement, you must fill out this form and send it to the company at the postal address or electronic address indicated below).

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

I, ___________________, through this form, am giving notice of my intention to terminate the agreement for the rendering of the motosharing service offered by Acciona Mobility. Requested on _________________. Name _________________ Address __________________________________. Signature (if this form is submitted on paper) _______