PARTICULAR TERMS AND CONDITIONS – MOTOSHARING SERVICE: MUVING
These Particular Conditions regulate the contract established between TAKSEE MOBILITY, S.L., platform for the management and payment of Mobility Services, with CIF B85912913, registered in the Commercial Register of Madrid in Volume 27440, Folio 197, Sheet M-49453; company dependent on Parkings y Servicios S.A., domiciled in C / Albacete, 3 1st floor, Edif. Mizar 28027 Madrid, Spain, with CIF B37546538 and registered in the Commercial Register of Salamanca, Volume 461, Book 0, Folio 207 Sheet SA-15969, Inscription 1a, whose email address is email@example.com, (hereinafter "IMBRIC") in collaboration with the provision of the service with SHARING MUVING, S.L.U (hereinafter referred to as "MUVING"), and the contract holder relating to the provision of Mobility Services, (hereinafter CUSTOMER).
These conditions have force from 17 June 2020.
This document sets out the particular conditions of contract (hereinafter, the "Special Conditions") governing the terms on which the provision of the services offered by MUVING through the IMBRIC Platform is based. In particular, practical and sustainable urban mobility services, consisting in the making available of driverless electric vehicles (mopeds and motorcycles) (hereinafter, "Vehicle" or "Vehicles") for their use, on demand and subject to availability thereof, by multiple users individually and in particular, who will pay for the time of use thereof, (hereinafter, the "Services") , through the IMBRIC App or web (hereinafter, all these pathways collectively referred to as the "Platform").
The Services will be contracted by clients who may be natural or legal persons (hereinafter, the "Customer" and/or "Customers") directly through the Platform.
The express acceptance of these Particular Conditions by the CUSTOMER, has the same validity as the express signing of a contract. In this way, the CUSTOMER acknowledges having sufficient capacity to acquire the obligations arising from its actions through the Platform, which has previously read and understands its content.
The relationship between the CUSTOMER and IMBRIC will be governed by the provisions of these Particular Conditions of Contract and in the General Conditions of Contract, as defined on the website (www.imbric.com) and /or in the IMBRIC Applications. The provisions of the General Conditions result from full application to the Services that are regulated herein.
- IMBRIC Service or Services: Each of the arrangements that IMBRIC allows users to make with Smartphone or personal computers in the field of mobility through the use of native applications of each platform or through the web.
- Location of Services: Areas where the IMBRIC Service is available.
- "Customer", "user" or "registered user" means the natural person, and in connection with the Service "company account" to the natural or legal person, who, upon acceptance of the General and/or Particular Conditions, adheres to the IMBRIC Service and, where appropriate, makes use on one or more occasions of the Mobility Services offered.
- IMBRIC apps, app or platform: Software implemented that allows you to manage the Mobility Services provided by IMBRIC through native applications on iOS and Android mobiles and through the web on any device with a web browser.
- Customer Service Center (ATC): Telephone and/or electronic support service for the IMBRIC Mobility Services CUSTOMER.
- General Conditions: these are the general terms and conditions of contract applicable to the Service offered by IMBRIC.
- Particular Conditions: these are the conditions of use associated with a particular service, the acceptance of which is not required to make use of the other services offered by IMBRIC.
- Driver's License: this is the valid and valid title that allows vehicles to be driven. The following are considered valid driving licences in Spain: (a) those issued in Spain in accordance with the Spanish legislation in force; (b) those issued by the Member States of the European Union in accordance with Community legislation; (c) those issued by other States which were recognised as valid for the purpose of allowing driving in Spain in accordance with Spanish law; and (d) the valid international permit together with the valid national permit of the corresponding country for which it was required for the purpose of allowing driving in Spain in accordance with Spanish regulations.
- Vehicle or Vehicles: these are electric mopeds (category L1) and motorcycles (category L3) whose driverless making available is the subject of the MUVING Service.
- Termination Zone: is the area of a locality identified on the Platform within which the CUSTOMER is allowed to terminate the use of the Vehicle.
Prior to the use of a Vehicle, the CUSTOMER may locate and reserve it through the Platform. The Reserved Vehicle will remain locked for a maximum period of ten (10) minutes, during which the CUSTOMER must reach the Vehicle and launch the Vehicle to start the desired journey. The 10-minute booking time will be free of charge.
The reservation will expire in case you have not unlocked the Vehicle within the booking time. Likewise, the CUSTOMER may cancel through the App a reservation if he decides not to use the Vehicle. In case of successive requests or cancellations of reservations, without using the Vehicle, IMBRIC may apply to the CUSTOMER the administrative penalties provided for by MUVING in the amount of VEINTICINCO EUROS (25 euros), plus an IMBRIC management fee of 10 euros.
In the use and driving of Vehicles, the CUSTOMER shall:
- Know and comply with the state and local legal provisions regarding traffic, motor vehicle circulation and road safety in force at the place and at the time of use of the Service and comply with the obligations arising from its non-compliance.
- Have a valid card at the time of booking and have not been previously disabled for use.
- Read carefully and comply with the Terms and Conditions of Service.
- Use vehicles exclusively for your particular displacement and terminate such use within the Termination Zone.
- Carefully and diligently use the Vehicles, their equipment, their tools, their accessories and their documentation and leave them in the same state in which they were received (before starting their use, the CUSTOMER must check the condition of the Vehicle, its equipment, its tools, its accessories and its documentation and if any defect or anomaly is detected must notify MUVING).
- Check, before booking and use, the autonomy of the Vehicle and ensure that it is sufficient to make and end the desired journey in the places enabled for this purpose (penalties may be applied to the CUSTOMER in case the Vehicle runs out of battery).
- Stop the Vehicle and communicate such circumstances as soon as possible to the user support service provided by MUVING, being able to contact through https://help.muving.com/ or on the phone +34 911 985 555 if during the use of the Vehicle it will light up in the instrument panel any of the witnesses that detect an anomaly of operation of the same or if external signs indicating fault or malfunction of the same are perceived.
- Know the traffic regulations of the city in which you use the service, to be consistent with your use of the Vehicle when parking. IMBRIC reserves the right to sanction and charge the fees per crane, administration, expenses and derived from the user's bad parking, and to charge an amount of VEINTICINCO EUROS (25 euros) as labor, in the event of not complying correctly with the Regulations of the Mobility Ordinance in the corresponding city. These amounts can be consulted in clause 18 of the general conditions of use of MUVING, available on its website: https://www.muving.com/condiciones. In addition, IMBRIC may issue an extra charge for the management and processing of this penalty of 10 euros.
In the use and driving of Vehicles, it is expressly prohibited to:
- Drive the Vehicle without being the CUSTOMER.
- Make multiple (more than two) bookings of one or more vehicles without starting the rental.
- Allow the use and driving of the Vehicle by persons other than the CUSTOMER.
- Drive the Vehicle on unauthorized roads, areas or enclosures or on roads not accessible to public traffic, unpaved or whose condition could pose a risk of damage to the Vehicle.
- Drive under the influence of alcohol, narcotics, narcotics, fatigue or illness.
- Transport persons or goods for commercial purposes or by consideration.
- Transport goods or toxic, flammable and, in general, dangerous and/or that violate the legal provisions in force.
- Participate with the Vehicle in races, contests or challenges of any nature or use the Vehicle for driving practices.
- Perform any type of intervention, modification, handling, repair or replacement of any part or accessory of the Vehicle.
- Use the Vehicle to commit criminal acts, get dirty, commit a vandal act or leave the Vehicle in poor condition.
- Exceed the weight, quantity or volume authorized on the driver's license or vehicle data sheet.
- Transport Vehicles on board any means of land, sea or air transport.
- Facilitate and/or commit dolo; negligently committing theft, theft and/or acts of vandalism in connection with the Vehicle.
- Do not notify the suspension, revocation, withdrawal, etc., of the Driver's License.
- Park the Vehicle outside the Termination Zone.
- Park the Vehicle where it is not permitted in accordance with applicable regulations in the location where it is used.
- Park the Vehicle off public roads or in private enclosures or in restricted locations for other MUVING service users.
- Transport more than one (1) companion or accompanying person who does not meet the escort requirements set out in the legal provisions at the place and at the time of use of the Service, including transport of minors not permitted by law, transport of two passengers who jointly exceed the maximum recommended weight of one hundred and thirty (130) kg and the use of helmet.
- Assign, sub-lease, rent, mortgage, pledge, sell or in any way guarantee or dispose of Vehicles or the documentation, equipment, tools, accessories, parts or parts there of them.
- Push or tow any vehicle or any other object, rolling or not.
- Transport goods for illicit purposes or that violate the law or legal provisions in force. As well as transporting flammable and/or dangerous goods, such as harmful and/or radioactive toxic products.
- Transport live animals.
4. ECONOMIC CONDITIONS.
The Customer agrees to pay:
- The price for the use of the Vehicle, which will be determined by the duration of the trip, measured in the minutes or fractions of a minute elapsed between the time the Customer starts using the Vehicle (press "Start") and the time when it ends (click "Finish") on the Platform. This price will be calculated by applying the rates provided to the Customer on the Platform.
- The amounts stipulated for damages caused to the Vehicles, their equipment, their tools, their accessories or their documentation, or in the case of their abduction. These amounts can be consulted in clause 18 of the general conditions of use of MUVING, available on its website: https://www.muving.com/condiciones
- The amounts corresponding to the expenses, costs, fees, penalties, charges and fines for any violation of the current and applicable legal provisions, particularly in terms of traffic, circulation and road safety, occurred during the time that the Customer was listed as a user of the Vehicles, including those relating to the delay in payment by the Customer and the judicial or extrajudicial expenses that MUVING may have incurred as a result.
- The amounts corresponding to payment obligations of any nature arising from non-compliance with the Terms and Conditions of Service and the legal provisions applicable to the use and driving of Vehicles.
The above amounts shall be added, where applicable, to the Value Added Tax or tax to replace it, informing the Customer of the total amount duly resulting, before proceeding with the payment.
The resulting amounts will be charged to the virtual deposit of the application (wallet or wallet) to the credit or debit card that the CUSTOMER communicates during its registration process with IMBRIC. By communicating your credit or debit card details, the CUSTOMER authorizes IMBRIC to charge it the credits that are accrued in his favor for the registration price, the price of use and for any other concept that applies.
Serious violations and non-compliances shall be considered, and the following conduct may be the cause of desed:
- Failure to pay for a service.
- Failure to pay any penalties applied, arising from misuse or damage to the Vehicle and/or Platform.
5. INSURANCE, THEFT AND DAMAGE TO THE VEHICLE.
Insurance covers damage to third parties. The CUSTOMER is responsible for all damages caused by the use of the Vehicle during its journey. In addition, you will also be responsible for all damages if you do not properly complete the part of the accident or, where applicable, the corresponding accident or theft report, where the data of the Vehicles and drivers involved and the conditions and circumstances in which they occur must be clearly included.
They are excluded from insurance coverage, therefore full responsibility of the CUSTOMER: (i) damage to people and things that it caused by means of wilful or negligence; (ii) damage to persons and things caused by a driver other than the CUSTOMER; (iii) loss or damage to Vehicle accessories (such as helmet, trunk, mirrors, etc.); (iv) theft or theft of personal items left inside the Vehicle; (v) punctures or reselling of tyres caused by the use of the vehicle in areas not conditioned for this purpose or due to inadequat use of the vehicle; (vi) as well as damages of their own or third parties, which occur as a result of the driving of the Vehicle in a manner contrary to the rules of traffic, movement of motor vehicles and road safety.
In general, they will not be covered by the insurance contracted, being therefore full responsibility of the CUSTOMER, any damage caused by a negligent or intentional action by the CUSTOMER, such as the poor care of the Vehicle, its improper or illicit use, distraction or drowsiness while driving, intentionally causing damage to the Vehicle, conceal damage caused to the Vehicle in a willful manner; this being a descriptive enumeration that does not constitute a closed list or numerus clausus of assumptions.
In case of fault, as legally defined in the applicable traffic regulations, the CUSTOMER will be responsible for the damage caused to the Vehicle, so IMBRIC will bill you for the amount corresponding to the damage caused to the CUSTOMER.
If MUVING receives a claim for damages as a result of an accident, without having received notification and delivery of the documentation of the CUSTOMER concerned who was in charge of the Vehicle 24 hours after the time of the accident, IMBRIC reserves the right to claim the costs corresponding to such claim, as well as to suspend the Customer Service, based on the provisions of these Particular Conditions, in addition to a penalty, in accordance with the rates indicated in clause 18 of the general conditions of use of MUVING: https://www.muving.com/condiciones. In addition, IMBRIC may issue an extra charge for the management and processing of this penalty of 10 euros.
In any of these cases and in case of non-compliance or irregular compliance by the CUSTOMER with the obligations indicated in the General and Particular Conditions of the Service, and particularly in the case of lack of diligence or guilt, negligence and malpractice, the CUSTOMER will be exclusively and personally responsible for any damages that the Vehicle, the occupants of this or any third party may suffer.
The CUSTOMER is responsible for the damage caused to the Vehicle during its use and for informing MUVING and/or IMBRIC about it, using the channels provided for this purpose. The CUSTOMER can contact MUVING through the https://help.muving.com/ channel or by sending an email to the firstname.lastname@example.org.
In these cases, IMBRIC will bill the Customer for the corresponding repair costs or other costs arising from the damages incurred, plus a management fee of 10 euros.
In the event of theft, loss, loss or abandonment of the Vehicle during the Service, the CUSTOMER will be obliged to pay the amount detailed in clause 18 of the general conditions of MUVING: https://www.muving.com/condiciones. In addition, IMBRIC may issue an extra charge for the management and processing of this penalty of 10 euros.
6. ADMINISTRATIVE CLAIMS AND INFRINGEMENTS.
In case of theft, fire or acts of vandalism about the Vehicles, their equipment, their tools, their accessories or their documentation, the CUSTOMER must immediately inform the customer service through https://help.muving.com/ or on the phone +34 911 985 555 and file a complaint with the Police, if required.
In case of accident with or without otherwise, the CUSTOMER must complete an accident part or a part of a standardized accident amicable declaration in full and with the maximum possible details, both in respect of the damage and the circumstances in which they occurred. The CUSTOMER will sign and collect the signature of the opposite, if any. If the opposite refuses to sign, the Customer must request the police presence for the clarification of the facts and the realization of the crowd, since otherwise the CUSTOMER will be considered as responsible for the accident.
In case of theft, fire, vandalism, accident or damage caused to the Vehicles for any other cause, the CUSTOMER must immediately inform MUVING's customer service and deliver to the user as soon as possible the friendly party, the police crowd or the complaint, and in any case within twenty-four (24) hours. The NON-notification and non-delivery of such documents, will empower MUVING to make an additional charge of HUNDRED EUROS (100 euros) to the CUSTOMER, as management expenses, regardless of the value of the damages presented by the Vehicle. In addition, IMBRIC may issue an extra charge for the management and processing of this penalty of 10 euros.
The CUSTOMER must act diligently to avoid damage to vehicles as much as possible and take measures that are useful and convenient for the clarification of the claim. This includes in particular the duty to respond truthfully and fully to MUVING's questions regarding the circumstances of the claim and the duty not to leave the sinister site until the necessary checks have been carried out so that MUVING can assess the claim.
IMBRIC and MUVING, in compliance with their legal obligations and as legally required, reserve the right to identify before the competent public administration the user who has committed an administrative violation or a crime while driving or parking the Vehicles.
Failure to pay penalties and/or penalties will result in the suspension and/or termination of this Agreement between the CUSTOMER and IMBRIC, and IMBRIC may also claim such amounts, take such measures as it deems appropriate to compensate for any damages caused, as well as bring any claim actions it deems relevant in the relevant jurisdiction.
The CUSTOMER is responsible for checking that there are no temporary prohibitions (for parties, works, etc.) in the parking area. If so, you may not terminate your rental if the temporary prohibition begins less than twenty-four (24) hours after the end of the Service. The CUSTOMER undertakes to park civically, avoiding interrupting or blocking the passage on sidewalks or on any other way of passage, leaving enough space to allow the passage of any passerby.
If the Vehicle is removed by the municipal crane during the Service or after it has been completed in a prohibited parking area, all administrative costs and penalties arising will be billed to the user responsible for the violation. IMBRIC may issue an extra charge for the management and processing of such penalty of 10 euros.
7. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF THE SERVICE.
IMBRIC may modify the Special Conditions of Service to adapt them to technological innovations and new business needs, as well as to comply with current legislation. Any modification of the Terms will be published on the Platform, indicating the date of the update, and will be notified to the CUSTOMER by email to the address provided by it.
The modifications shall be deemed accepted by the CUSTOMER, following the express notification made by IMBRIC, unless the current regulations require the express acceptance of such changes, or if the Customer continues to use the Service after such notification. All this, without prejudice to the CUSTOMER being able to unsubscribe at any time.
8. LIMITATION OF LIABILITY.
IMBRIC and/or MUVING shall not be liable for damages of any kind that the CUSTOMER or a third party may suffer in any way by the Service, not directly attributable to cases of wilful or gross negligence on the part of MUVING and/or IMBRIC.
No breach of obligation by IMBRIC and/or MUVING shall be deemed to be any changes that may be necessary to apply to the schedules, service areas and parking or any internal process of the Service. Nor shall IMBRIC and/or MUVING be deemed a breach of any incident of the computer systems, or the Platform, nor of any cause attributable to MUVING suppliers, assignees, licensees or subcontractors, to third parties in general.
IMBRIC and/or MUVING shall also not be liable for any complete or partial breach of obligations caused by fortuitous case or force majeure, including acts of public administrations, administrative or legal restrictions on the movement, disturbances, manifestations or interruption of communications.
9. COLLECTING DATA THROUGH DEVICES
MUVING will use electronic devices to monitor the status, operation and movements of Vehicles. The information obtained through these may be used during and after the termination of each use of the Service, for the purpose of performing the execution, control and compliance of the Service, carrying out an analysis of the performance of the Vehicle, as well as to improve the provision of the Service by MUVING.
10. APPLICABLE LAW AND COMPETENT COURT.
This Particular Terms and Conditions document is understood as an annex to the General Conditions of Contract. Therefore, both contracts must be considered as a whole. The relationship between the CUSTOMER and IMBRIC will be governed by the provisions of these Particular Conditions of Contract and in the General Conditions of Contract, as defined on the website (www.imbric.com) and /or in the IMBRIC Applications. The provisions of the General Conditions result from full application to the Services that are regulated herein.
The relationships established between IMBRIC and the CUSTOMER, in particular the knowledge and resolution of any disputes, discrepancies or differences that may arise, will be governed by and resolved in accordance, as indicated in the General Terms of Contract, with the provisions of the Spanish legislation regarding applicable legislation and competent jurisdiction.
However, in cases where the regulations provide for the possibility for the parties to submit to a third, IMBRIC and the CUSTOMER, expressly waiving any other law that may correspond to them, they will submit any disputes and / or disputes to the knowledge of the Courts and Tribunals of the city of Madrid.
These Terms and Conditions are available in two versions, English and Spanish. In the case of differences between the two versions, the Spanish version prevails.