Terms and conditions
In compliance with article 10 of Law 34/2002, of July 11, 2002, on information society and electronic commerce services (Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico), we hereby inform all users of the website www.zitycar.es (the “Website”), of the Application and of the Service that the owner of these is CAR SHARING MOBILITY SERVICES, S.L., having its registered office in Madrid, at calle Quintanavides, nº 21, Madrid, holding employer identification number B87908513, with phone number: 911501118 and email address: firstname.lastname@example.org, and registered at Madrid Commercial Registry, in volume 3694, sheet 163, section 8, page M-655525 (the “COMPANY”).
On the Application, the COMPANY offers its Users a rental service by minutes or hours for car sharing vehicles within the service area defined by the COMPANY, subject to availability of the vehicles and any associated services during the rental to enhance the User’s experience, in the field of mobility (the “Service”).
By using the Application and/or the Service, the User undertakes to comply with and be bound by the following terms and conditions (the “Terms and Conditions”). Use of the Application and/or the Service confers User status and, although the User’s express acceptance is requested, their use implies full acceptance of each and every one of the rules and policies published on the Website, including these Terms and Conditions.
- “Application” is a smartphone application owned by the COMPANY or, as the case may be, by the COMPANY’s suppliers or licensors, which serves, among other things, as a means of access to reserve and rent Vehicles and to register as Users and accept these Terms and Conditions. For further information on the technical availability and operation of the Application, see the Website.
- “Password” means the password needed to access and use the Service for the registered User on the Service.
- “Individual Rental Agreement” means each of the rental agreements the COMPANY signs with the User every time the User requests to use the Service through the Application and which govern that particular Vehicle rental. Except as especially provided otherwise in the relevant Individual Rental Agreements, these Terms and Conditions shall apply to any matters not expressly covered by them. The Individual Rental Agreement will include the special terms and conditions for each Vehicle rental, including, among others, identification of the rented Vehicle, the rental period and the Pricing Policy applicable to the Service. In particular, the Individual Rental Agreement shall be deemed accepted by the User on confirming a Vehicle reservation.
- “Access Tool” means the tool used by the User to gain access to the rented Vehicle, consisting of a physical access card or one on the Application installed on the User’s compatible mobile device, which will give access to and start up the rented Vehicle, and allow the User to end the ride and lock the Vehicle.
- “Pricing Policy” means the COMPANY’s pricing and rate policy for use of the Service and which will be applicable from time to time to each Individual Rental Agreement signed by the User. In particular, the Pricing Policy in force from time to time shall be deemed accepted on confirming a Vehicle reservation.
- “Service” means the Vehicle reservation and rental service without a driver by minutes or hours, for Users, subject to availability of the Vehicles and to the signing by the User of the relevant Individual Rental Agreement, in accordance with these Terms and Conditions.
- “User Support Service” means the user support service provided over the phone or via remote tools.
- “Website” means the COMPANY’s website available at www.zitycar.es.
- “Terms and Conditions” means this document and any amendments that may be made to it from time to time.
- “User” s any individual who uses the Application or the Service, in accordance with these Terms and Conditions.
- “Vehicles” means the fleet of vehicles the COMPANY has from time to time and are available to be rented by Users by signing the relevant Individual Rental Agreement.
- “Service Area” is the area within one or more municipalities in the limits of which the Service may start and ends. The Service Areas in the municipalities where the COMPANY operates may be viewed, with their current characteristics, on the Website and on the Application. Within the Service Area the User may only end the rental if the Vehicle is parked in accordance with these Terms and Conditions and the Individual Rental Agreement concerned.
- The purpose of these Terms and Conditions is to provide the rules on the use of the Service and of the Application by Users, and the reservation process to be able to use it by signing the relevant Individual Rental Agreements.
- The COMPANY expressly reserves the right to add amendments to the Terms and Conditions and the Pricing Policy as it sees fit. Any amendments that are made will be notified to the User in an email and published on the website and Application. Changes will be deemed approved if the User does not object to them within one (1) month from notification of the change concerned, a fact the COMPANY will specifically mention when notifying the changes. The COMPANY may also request the User’s express acceptance of the Terms and Conditions and/or of the Pricing Policy to be able to continue using the Service.
If the User objects to any of the amendments, the User shall stop using the Service and these Terms and Conditions shall be terminated.
- To be able to register as User of the Service, the User must satisfy the following requirements:
- Be aged 18 or over.
- Produce all the personal data which will be requested as a mandatory requirement from the User during the User registration process (other data may be requested to be produced voluntarily) and accept the Terms and Conditions.
- Hold a valid and in force Spanish identity card (DNI), foreigner identification number (NIE), passport or other equivalent identification document.
- Hold a valid and in force driving license to drive saloon or sedan cars. For these purposes, the COMPANY accepts driving licenses issued within the European Union and/or the European Economic Area or Switzerland. Driving licenses issued outside the European Economic Area or Switzerland will only be accepted if accompanied by an International Driving License or a translation certified by an official translator of the national driving license.
- Have a payment method accepted by the Company associated with the User personally (namely, only payment methods in which the holder is the User will be accepted as valid).
- To be able to gain access to and use the Service and the Application, the User must use the user name and Password which will be assigned in the registration process. It is the User’s responsibility to store the password for use of the Service as required to prevent misuse or access by third parties.
- In the event of loss or suspected loss of any of the Passwords, the User must change them for new ones with the shortest delay or, if unable to do so, notify the COMPANY as soon as possible so that the appropriate measures may be taken.
- The COMPANY reserves the right to refuse registration to a User if there are grounds for considering that the User will not act in accordance with these Terms and Conditions or if it is suspected that unauthorized, fraudulent or undue use is being made of the User’s Passwords.
Delivery and validation of the User’s documents
- In the User registration process, the User will have to furnish and send to the COMPANY, through the Website or the Application, copies of both sides of his or her identity document or driving license, for their validation by the COMPANY, according to the instructions provided by the COMPANY on them.
- If the COMPANY, for any reason, is unable to validate any of the documents furnished by the User, the COMPANY may ask the User to send any of those documents by email for the purposes of their validation or to evidence their identity in person to the COMPANY at a validation point specified by the COMPANY by showing a driving license and adequate identity documents to validate the driving license.
Additionally, the COMPANY reserves the right to ask the User to carry out additional procedures to check or validate identity and ownership of the relevant driving license.
- After the User’s identity and driving license have been validated, the COMPANY will activate the Access Tools and use of the Service for that User for up to 36 months or for the remaining term of the User’s driving license, if the latter period is shorter. To activate the Access Tools and use of the Service for a further 36 months in addition to the original period, the User shall follow the validation process for the driving license in force from that time in accordance with the instructions provided by the COMPANY. If the User does not use the Service in 12 months, the User will be deleted.
The COMPANY nevertheless reserves the right to ask the User at any time to visit a validation point belonging to the COMPANY and show the User’s driving license in force for the Company to perform a face-to-face validation. If the User fails to comply with this request, the COMPANY may block the User’s access tools.
- In the event of loss or removal of the driving license, the right to drive the Vehicle or to sign Individual Rental Agreements will automatically be suspended for the period in which the license is lost or withdrawn. Users shall inform the COMPANY without unjustified delay of the suspension of or limitation to their right to drive, of a valid ban on driving, or of the temporary withdrawal or retention of their driving licenses. Users shall revalidate their licenses once they have been renewed or recovered after their withdrawal.
Vehicle rental process
- To be able to rent and use a Vehicle, the User must:
- have first registered as User on the Service;
- have furnished copies of both sides of his or her identity document or driving license or equivalent document to the COMPANY and have had these validated by the COMPANY;
- have chosen a payment method accepted by the COMPANY on the Service and have entered the relevant details;
- have downloaded the Application and kept it installed on his or her mobile device compatible with the Application;
- request rental of a Vehicle on the Application, by signing the relevant Individual Rental Agreement, and accepting the Pricing Policy in force at that time;
- carry the valid and in force driving license on his or her person throughout the valid term of the Vehicle rental, and
- have a valid and activated Access Tool.
- Only registered Users may rent Vehicles and sign the relevant Rental Agreement. Only Vehicles identified as available when the User intends to rent them may be rented.
- A Vehicle may be reserved without any charge for the maximum amount of time specified on the Application. The COMPANY may refuse a reservation if the selected Vehicle is not available to meet the reservation request for any reason. A Vehicle reservation will be considered confirmed where the COMPANY so notifies the User in a notification on the Application.
- The rental period for a Vehicle will be shown on the Application throughout the ride, in addition to the rates for the different formats (reservation, driving). An itemized summary of the total cost and length of the rental will be sent by email at the same time as the User ends the relevant Individual Rental Agreement.
Access and use of the Vehicles
- To use the rented Vehicle, the User undertakes and agrees to:
- Before starting to drive, examine the condition of the Vehicle to check for defects, visible damage or a serious state of uncleanliness, and inform the COMPANY of this on the Application or on the established means of communication. In the event of severe damage or uncleanliness, the User shall contact the COMPANY on the Application or on the established means of communication to notify of the nature and severity of the defect, damage and/or uncleanliness. The User shall provide the relevant information in a true and complete manner. The COMPANY shall prohibit use of the Vehicle if there might be a risk to driving safety.
- Ensure that the Vehicle is in a condition that ensures operating and road safety;
- Fulfill all the statutory requirements in relation to the running and use of the Vehicle, in particular the Law on Traffic, Circulation of Motor Vehicles and Road Safety and the General Traffic Regulations in addition to any other legislation that may replace or supplement them
- Use of a Vehicle shall be considered to have commenced when, after the relevant Rental of Use Agreement has been signed, the User requests access to it on the Access Tool and the Vehicle’s on-board computer identifies the User and opens the Vehicle’s centralized locking system.
- The User shall report the loss or destruction of an Access Tool to the COMPANY without unjustified delay (on the Website, the Application or through the User Support Service) to allow the COMPANY to block that Access Tool and prevent its misuse. The User will be informed by email that the Access Tool has been blocked. The User shall be liable for any damage and losses caused by loss of the Access Tools, especially if their loss enabled the occurrence of damage to, or theft or misuse of, the Vehicle.
- The usage time of the rented Vehicle shall start from when the reservation and confirmation of the Individual Rental Agreement take place, regardless of whether this is when the User actually picks up the Vehicle, and shall end when the User returns the Vehicle as required in accordance with these Terms and Conditions. The kilometers traveled by the Vehicle in the rental period will be counted between when it is picked up by the User and when it is returned in the correct manner. The amounts and rates stipulated in the Pricing Policy applicable to the Individual Rental Agreement in question will apply at all times.
End of the rental of a Vehicle
- At the end of a rental, the User shall:
- park the Vehicle as required in a Service Area approved by the COMPANY in the city concerned and park the Vehicle correctly in accordance with the Driving Code (Código de la Circulación). Any breach of traffic rules and regulations or of the prohibitions imposed by the owner of the parking area concerned shall be at the cost of the User.
For the foregoing purposes, the User shall not park the Vehicle in private or corporate facilities (such as garages, yards, among others) other than the COMPANY’s expressly designated parking areas. The prohibition shall also apply to parking by customers of shopping malls, supermarkets, restaurants, among others. The Vehicle shall be accessible for anyone at any time. Nor may the Vehicle be parked in areas with parking restrictions on certain days or at certain times (loading and unloading areas, areas reserved for parking authorized vehicles, etc.) or areas in which restricted times or temporary restrictions for parking have been imposed, by reason of an event, for example.
- return the Vehicle with a minimum amount of autonomy, as indicated on the Vehicle screen, of 30 kilometers, sufficient to be moved by the COMPANY’s operators or next following Users to the recharging station.
- ensure that the hand break is on, that all doors and windows have been closed properly, and all lights have been switched off; and
- ensure that none of the User’s personal belongings have been left in the Vehicle and that it is clean and in a good condition.
- Once the Vehicle has been parked, the User and every passenger must leave the Vehicle, check that no personal belongings have been left inside, and then end the rental process using the Access Tool. Once the Vehicle confirms end of the rental by blocking the central locking system, the rental will have ended effectively. If the User leaves the Vehicle before the rental process has ended, the rental will remain in force at the User’s cost.
- If the rental cannot be ended for any reason, the User shall notify this to the COMPANY without delay and stay by the Vehicle until the COMPANY has taken a decision over how to proceed. Any additional rental expenses will be refunded by the COMPANY to the User after it has checked that the User is not in breach.
Payment for the Service
- The User shall pay the prices associated with the selected rate that apply on rental of the Vehicle, in accordance with the Pricing Policy. The applicable rate shall be shown to the User on the Application before the Vehicle reservation process has been completed, and they shall be set out in the relevant Individual Rental Agreement. The prices are final prices inclusive of the statutory VAT charge. The rates applicable to the Service will be collected by the COMPANY automatically once the Individual Rental Agreement has ended, on the payment method supplied by the User.
- The User shall ensure that the payment method used has sufficient balance, as the case may be. If the User does not have sufficient balance to meet a charge by the COMPANY, the User shall pay COMPANY the relevant charges or costs of the bank or payment provider used by the COMPANY, in addition to a claiming fee in accordance with the Pricing Policy in force.
The COMPANY reserves the right to request pre-authorization to charge the rental from the credit institution associated with the payment method furnished by the User. That pre-authorization shall not under any circumstances mean the actual charge has been made for the rental in question, which shall only be done after that rental has ended.
Moreover, the COMPANY reserves the right to refuse any payment method specified by the User and, if more than one payment method has been specified, to change the payment method chosen by default by the User. Prior notice will be given to the User, if applicable.
- The User gives express consent to receiving the electronic invoice at the email address furnished by the User, and may withdraw that consent at any time by sending an email to email@example.com. Invoices will also be available to the User at the COMPANY’s offices besides being able to be viewed on the Application or on the Website.
- Charged rates will not be refundable. The rates and cancellation and compensation costs, and their revised amounts, are available at all times in the Pricing Policy and are subject to potential amendments. It is recommended that the User read the Pricing Policy on a regular basis to be informed of the applicable rates from time to time.
- Additionally, all offers and discounts, and their conditions of use, will be available on the Website and, as the case may be, on the Application. The COMPANY reserves the right to restrict the use and recover the amounts saved in offers, invitations and discounts if Users make inappropriate, unlawful or unfair use of them. It is absolutely forbidden for a User to create different User accounts or share a payment method with other Users for any aim, including to benefit unduly from discounts and invitations.
Incident handling in use of the Service
- Before starting to drive, the User shall examine the condition of the Vehicle to check for defects, visible damage or unhygienic conditions, and inform the COMPANY in this respect on the Application or through the User Support Service to notify their nature and seriousness in a true and complete manner. The COMPANY shall prohibit use of the Vehicle if there might be a risk to driving safety.
- The User shall inform of any accident, damage and defects arising during use of the Vehicle without undue delay. Furthermore, the User shall ensure that any accident that occurs involving the Vehicle driven by the User is notified and recorded by the police. If the police refuse to record the details of an accident, the User shall inform the COMPANY of this fact without undue delay and furnish the relevant items of evidence, if any. In any such circumstance, the User shall consult the COMPANY about how to proceed and follow the instructions that will be given by the COMPANY’s User Support Service. This shall apply regardless of whether the accident was caused by the User or by a third party. The User shall only leave the scene of the accident after:
- the details of the accident have been recorded by the police (or, where this is not possible, after the COMPANY’s User Support Service has been informed in this respect in accordance with this clause);
- measures have been taken to preserve items of evidence and reduce the damage in coordination with the COMPANY; and
- the Vehicle has been delivered to a clamp services company, has been left safely in coordination with the COMPANY, or has been removed from the public way by the User.
- Regardless of whether an accident that the User is required to notify to the COMPANY was caused by the User or by a third party, the COMPANY will deliver to the User a form to make a report on the damage following the notification of the accident. The User shall complete the form and return it to the COMPANY within forty-eight (48) hours. If the COMPANY fails to receive a written report on the damage within this period, the insurance company will not be able to settle the claim. In such a case, whenever the COMPANY is required to repair or cover the cost of the relevant damage related to any incident involving the User, the COMPANY shall charge to the User the cost of repairing the damage caused.
When the COMPANY so requests, the User shall specify the exact location of the Vehicle at any time and allow its inspection by the COMPANY.
- The COMPANY is entitled to receive any indemnification that is paid in relation to the damage caused to the Vehicle. If the User has received that amount it shall transfer it to the COMPANY without having to be asked again.
General obligations and prohibitions for the User
- The User shall:
- check the liquids needed to run the engine and check the tire pressure periodically on long journeys, and, if necessary, make the necessary adjustments; ensure that the Vehicle is only used when it is in a condition that ensures operating and road safety;
- treat the Vehicle with care, especially by complying with the manufacturer’s operating manual, and the running requirements and maximum revolutions per minute and speed;
- comply with all the statutory requirements in relation to operation and use of the Vehicle, in particular the Law on Traffic, Circulation of Motor Vehicles and Road Safety and the Driving Code;
- stop immediately if an alert lights up on the dashboard and contact the COMPANY to evaluate whether the vehicle may continue to be used;
- notify the COMPANY without unjustified delay of any damage caused by violent acts or accidents occurred during the rental; moreover, the User shall inform the COMPANY if the Vehicle is in an unhygienic condition;
- employ the requisite care when ending use of the Vehicle to avoid theft, by ensuring at all times that the windows are closed and the central locking system is blocked;
- when ending use of a Vehicle, ensure that it has a minimum level of autonomy, as specified on the vehicle’s screen, of 30 kilometers, which is sufficient for it to be transferred by the COMPANY’s operators to the recharging station.
- keep updated the personal data that has been entered in the User account held by the COMPANY. If the contact details have not been updated, the COMPANY reserves the right to temporarily block the User’s account until the User provides updated contact details.
- if the COMPANY so requests for safety reasons or by reason of a breach of these Terms and Conditions, the User undertakes to end use of a Vehicle and shall return the Vehicle to the COMPANY with the shortest delay (unless the COMPANY instructs otherwise).
- The User shall not:
- drive the Vehicle under the influence of alcohol, drugs or medicines that reduce the capacity to drive;
- smoke or allow others to smoke in the Vehicle;
- leave the Vehicle in an unhygienic condition;
- recharge the Vehicle;
- allow a third party to drive Vehicles or disclose the User’s access data to a third party, including third parties who are also Users of the Service;
- carry children or babies without having the seat at the correct height or a child seat. The User shall comply with all the manufacturer’s instructions on fitting baby seats;
- disable a passenger airbag, except as necessary to carry children or babies with the required seat height or special seat or seats for children or to comply with the manufacturer’s instructions regarding fitting baby seats, in which case the User shall be responsible for enabling it before the end of the rental;
- disable or otherwise alter the Vehicle’s geolocation, monitoring and control tools;
- make any type of esthetic or technical change to the Vehicle (including hiding the COMPANY’s logos or brands);
- use the Vehicle for driving cross country, participating in motor sports events or races of any type, carrying out vehicle tests, instructing drivers, carrying on business activities related to passenger or commercial transport, or to the carriage of hazardous or prohibited substances or objects, or committing criminal offenses;
- transport easily inflammable, poisonous or hazardous substances in amounts considerably higher than those allowed for domestic use, or that may reduce driving safety or damage the inside of the Vehicle due to their nature, size, form or weight;
- carry animals in the Vehicle, unless they are carried in an enclosed carrier placed safely in the boot;
- carry out repairs or alterations on the Vehicle or order such repairs or alterations with the User’s authorization, or
- travel outside the country with the Vehicle.
- The Vehicle is covered by liability insurance. The User’s liability for damage to the Vehicle is limited and relates to an all risk policy with partial cover and an excess as provided in the following clauses. Only the authorized User who has rented the Vehicle may benefit from the insurance cover. The insurance cover will not apply to damage is caused deliberately.
- Except as stipulated otherwise hereafter, the COMPANY’s liability insurance is subject to the policy and the general terms and conditions related to mandatory vehicle insurance as provided in the Insurance Contract Law.
- If the User breaches any obligation provided in the Insurance Contract Law and this results the insurer being exempted from payment, the insurance cover set out in clause 11.1 shall not apply.
- If the damage is caused by serious negligence, the User shall be liable with respect to the COMPANY in accordance with the Insurance Contract Law. In the event of damage to a Vehicle, the User’s liability is limited to the amount of the covenanted excess if the Vehicle was used in accordance with the Terms and Conditions and the damage was notified without unjustified delay to the COMPANY. The limitation on liability to the amount of the covenanted excess shall not apply if the User causes mechanical damage due to incorrect handling (damage to the engine as a result of using inappropriate fuel, for example, etc.), as done with serious negligence or intentionally.
- Without limitation to any rights that might be available to the User by way of consumer or User and without restricting any mandatory provisions of law, the COMPANY’s liability:
- will arise in accordance with the law in the event of damage caused intentionally or with serious negligence by either the COMPANY or its agents or representatives.
- for minor negligence shall be limited to the typical or foreseeable amount of damages for Services of this type.
- The COMPANY does not accept liability for any misuse that may be made by the User or any third party of a User account and/or access Password. The User is responsible for storing as required the Password that the COMPANY supplies for access as a registered User, and preventing unauthorized use or access by third parties.
- Having regard to the state of the technology tools, the provision of the Service may be subject to restrictions or inaccuracies which are beyond the COMPANY’s control. The foregoing applies specifically to the availability of mobile data services provided by mobile network operators, the mobile network, positioning services on the global navigation satellite system and internet access. All of these are limited to the area served by the mobile services provider. The lack of availability of the mobile network may, in particular cases, cause the Service not to be available due to a failure in the necessary transmission of data. Additionally, the service may be affected by atmospheric interference, caused by topographic conditions or obstacles (such as, bridges, tunnels or buildings, for example). The same occurs with positioning services using the global navigation satellite system. Furthermore, there may be other restrictions on internet use (such as an overloaded network, for example). Moreover, temporary capacity deficiencies may occur caused by peak loads on services, on mobile or landline networks or on the internet. Disturbances may also arise as a result of force majeure events such as strikes, lockouts and orders by public agencies, or also of technical or other types of measures (such as repairs, maintenance, software updates, enhancements, for example) performed on equipment of the COMPANY, of the utilities companies, of the service and content providers, and of the network operators, which prove necessary to provide adequate and enhanced services.
- Use of the Service on the Application or on the Website may also be subject to limitations and inaccuracies due to the lack of availability of, or to interferences or disturbances on, the Application or the Website, or the compatible device (by reason of force majeure events, for example, or of technical or other types of measures such as maintenance, software updates, or enhancements to the Application or to the Website).
- Without limitation to any User or consumer rights, the User shall be liable with respect to the COMPANY for the damage or losses created for the COMPANY and which were caused by the User intentionally or with negligence. This shall include, without limitation, offenses included in subclause 10.1, robbery or theft, damage to or loss of the Vehicle or its accessories (including, if applicable, the Vehicle’s monitoring system, seats, SD card, user’s manual, spare wheel, logos, stickers, etc.) or damage to third parties caused by breach of these Terms and Conditions, of mandatory legal provisions or the general terms and conditions of motor vehicle insurance by the User or any third party for which the User is liable. If the User is liable and the Vehicle’s insurance cover does not apply, the User shall indemnify the COMPANY against third party claims.
- In the event of an accident attributable to the User, the User’s liability shall also include, up to the amount of the covenanted excess, indirect damages, and damages in respect of experts’ fees, clamp service cost, loss of rental cost, increase in the insurance premium or policyholder category, or any other additional costs of any type.
- The User shall be liable for the consequences of any administrative infringements or offenses the User commits with the Vehicle. The User shall pay all the fees and costs and relieve the COMPANY from any third party claim. For the handling of any administrative infringements (bonds, fees, fines, etc.), the User shall pay handling fees to the COMPANY for each instance. The amount of those handling fees shall be based on the applicable rates.
- If the User causes an accident outside the Service Area, the User shall be responsible for the costs deriving from returning the Vehicle to the Service Area on the terms set out in the applicable price rates.
- The User shall pay a contractual penalty in accordance with the Pricing Policy in force if the User allows a person who is not an authorized driver to use the Vehicle. All of the above, without prejudice to the COMPANY being able to claim from the User any other damage and loss caused by the third driver.
- If the User parks an electric Vehicle with a level of autonomy below the 30 kilometer level as shown on the Vehicle’s autonomy gauge in kilometers, the User shall pay the refitting charge in accordance with the COMPANY’s Pricing Policy that is applicable at that time.
Termination of these Terms and Conditions or of the Individual Rental Agreement.
- These Terms and Conditions are signed for an indefinite term; both parties may terminate them on giving two (2) weeks’ written notice.
- The Individual Rental Agreements will be signed for the whole rental term in question, which shall be deemed to have ended, either on termination of the agreement by the User, which shall take place once User ends the trip by blocking the Vehicle’s central locking system on the Access Tool, or on any of the grounds specified in these Terms and Conditions.
- The COMPANY may, at its discretion, temporarily hold in abeyance or permanently terminate the Terms and Conditions with the User and, as a result, restrict the User’s ability to use the Service and sign new Individual Rental Agreements, without being required to give prior notice, if the User:
If the COMPANY temporarily holds in abeyance or terminates permanently the Terms and Conditions with the User, the ability to sign new Individual Rental Agreements and access to the Vehicles will be blocked immediately. Additionally, the COMPANY reserves the right to claim from the User, among other things:
- fails to make a due payment;
- makes misrepresentations or omits relevant facts when registering for the Service or in the course of the contractual relationship;
- breaches these Terms and Conditions in any way;
- breaches in any way the provisions in the Law on Traffic, Circulation of Motor Vehicles and Road Safety and the Driving Code;
- provides the details to start a User session, the Password or the Access Tool to another person;
- copies or alters the Access Tool, or
- allows the Vehicle to be driven by a third party who has not been authorized by the COMPANY.
- the immediate return of any Vehicle that the User concerned is using at that time. If the User does not return the Vehicle immediately, the COMPANY is entitled to take possession of it, and the User shall assume all the costs that this generates;
- the amounts of rental that accrue until the Vehicle concerned is returned, and/or
- any damage and losses that have been caused to the COMPANY or to any third party.
- Use by the User of the Service, the Website or the Application does not confer on the User any right in the COMPANY’s industrial property or copyright or that of any third party, and the User agrees to observe each and every one of the industrial property rights and copyrights, including marks, logos, domain names or any other industrial property right or copyright that is owned by the COMPANY or by third parties.
- It is expressly forbidden for the User to perform any act of reproduction, distribution, public communication or other forms of making available, or transformation, and generally, any other form of exploitation of any contents or materials which the User may be able to access on the Service, the Website or the Application, totally or partially, except with the express written authorization of the owner of those elements.
User Support Service / Claims
- In the event of any doubt regarding these Terms and Conditions, the Service or for any claim, the User may contact the COMPANY through the COMPANY’s User Support Service, by sending an email to firstname.lastname@example.org, or calling 91 150 11 18 within the User support hours (24 hours a day, 365 days a year).
Assignment of collection rights
- The COMPANY reserves the right to assign the collection rights arising from use of the Service by the Users, following notification to the User. In such cases, the User may only make payments intended to satisfy the debt to the assignee, and in all cases the COMPANY shall be responsible for the User’s general petitions and claims in relation to the Service.
For that purpose, the COMPANY shall furnish any of the User’s personal data which prove necessary for the assignment of the collection rights to the assignee, who may not use such data for any other purpose.
- The User authorizes the COMPANY or, as applicable, the assignee (as provided in the case of an assignment of collection rights as described in subclause 18.1 above) to collect any amounts that the User must pay in relation to these Terms and Conditions or to any Individual Rental through the use of the payment method specified by the User.
Right to discontinue
- Users may discontinue the process for contract formation and registration as a registered User, if they have not made an Individual Rental Agreement, within fourteen (14) calendar days from the date of their signing. Individual Rental Agreements may not be discontinued once they have been made, in accordance with the provisions in the legislation on the protection of consumer and user rights.
- To exercise the right to discontinue, the User shall contact the COMPANY on the discontinuity form included at the end of these Terms and Conditions, and notify of the decision to discontinue this contract in an unequivocal statement.
Applicable law and jurisdiction
- These Terms and Conditions shall be governed in each and every one of their elements by Spanish law.
- Without limitation to any rights that may be held as consumer or user, for any disputes arising over the Application or the Service, the User expressly waives as necessary any other jurisdiction to which he or she may be entitled, and consents to the exclusive authority and jurisdiction of the courts of Madrid (Spain).
- (If you wish to discontinue this contract, please complete this form and return it to the COMPANY, to the postal or electronic address specified below).
- To CAR SHARING MOBILITY SERVICES, S.L., having registered office in Madrid, at calle Quintanavides, 21, Madrid, and email address