I.- LEGAL NOTICE.
1.- The website www.wattzer.com (hereinafter the “Website” or “Web”) is owned by MOBILITY EVOLUTION, S.A. (hereinafter “MOBILITY”, “MOBILITY EVOLUTION”) with registered office at Calle Gran Vía Asima, No. 24, 07009, de Palma, with Tax number A16591984, and registered in the Mercantile Register of Palma, Volume 2781, Folio 51, Sheet PM 85031.
2.- MOBILITY EVOLUTION offers this website and its application (hereinafter the App) available in “Play Store” and in “App Store”, which includes all information, tools and services available for the User to use its services if the User has previously registered and has accepted all the terms, conditions, policies and notices established herein. If you do not agree to all the terms and conditions contained herein, you may not access the web site or the app or use any services provided by MOBILITY.
3.- For all of this, it is important that the User carefully reads the General Conditions (hereinafter the “General Conditions”) before accessing or using our Website and App, which details the terms and conditions that will apply to your relationship with MOBILITY, in accordance with the applicable Spanish regulations.
4.- Since MOBILITY reserves the right in the future to update, amend or replace these General Conditions, as well as introduce new functions or add new tools, it is recommended that you read them periodically to be duly informed of the amendments made to the same. Your continued use of or access to the Website and App after posting any amendments constitutes your acceptance of the same.
5.- The User undertakes to make use of the services and products offered by this Website and its App in accordance with the Law, the contents of these General Conditions and in accordance with morality, good customs and public order.
II.- GENERAL CONDITIONS OF SERVICE
1.1. Purpose of Service: The service that MOBILITY EVOLUTION offers is the rental of shared multi-user (carsharing) electric vehicles, hereinafter referred to as MOBILITY EVOLUTION Service, within a geographical area determined for each type of vehicle and defined under the MOBILITY EVOLUTION criteria (To be identified as “service zone”), subject to availability conditions contained in these Terms of Service. The service area for each city or location in which the Service operates will be updated in the application.
These General Conditions regulate the relationship between MOBILITY EVOLUTION and the client (hereinafter User, Tenant or Customer) under which the first provides the second the use of an electric vehicle for the period, prices and other conditions established in the Web and App.
1.2. User: “User” or “Registered User” means any natural or legal person who, upon acceptance of these Terms, accedes the MOBILITY EVOLUTION Service by registering in the same and, where appropriate, make use of the vehicles available for rental or transfer of use by MOBILITY on one or more occasions. Acceptance of these Terms shall not entail, for MOBILITY or the User, a right to demand the rental of vehicles not covered by the App.
1.3. Object of the present General Conditions:
The use of the Service is subject to these General Conditions, which regulate, among others:
- Registration or joining the MOBILITY EVOLUTION Service, including the fulfilment of the prerequisites required at all times for this purpose (means of payment, required driving license, etc.).
- The use of vehicles offered by MOBILITY by renting them.
- Rates or prices indicated at any time by MOBILITY EVOLUTION for said rent and detailed on the Website and in the App.
- The rights, obligations and responsibilities of the Parties and, where appropriate, the insurance that covers said responsibilities.
1.4. Prior user acceptance as a Service User: The acceptance of these General Contract Conditions is mandatory and essential to register in the MOBILITY Service to rent and use the vehicles. This acceptance shall take place at the time the User registers for the Service.
1.5. Formalization of contract: Registration in the Service will not be formalized until MOBILITY EVOLUTION confirms acceptance of the registration after the necessary compliance verification of the requirements described in these Terms. For these purpose, MOBILITY EVOLUTION will confirm by electronic means (e-mail and/or SMS) that the registration has been accepted and the User’s membership of the Service shall be deemed to have been accepted from that moment onwards.
1.6. MOBILITY EVOLUTION freedom on whether or not to approve the application of the interested party: MOBILITY will decide, freely and unilaterally which applicants accepts or rejects as users.
1.7. Termination of the relationship between the parties: these General Conditions regulate the relationship between MOBILITY EVOLUTION and the User until the User voluntarily terminates the relationship, by e-mail to “firstname.lastname@example.org” or through the App itself, or by MOBILITY unilateral decision in case of a non-compliance of these Terms and Conditions by the User.
1.8. Modification of these General Conditions: MOBILITY may review and modify these Terms at its discretion. In such case, it shall communicate said changes or modifications through the usual channels or electronic means in the relationship with the User (e-mail, SMS, social networks…), establishing the specific time in which the new Terms shall enter into force. The User must again accept the modified Terms upon entering the App, if he does not do so he will not be able to use the Service.
1.9. Terms and Conditions language: the Terms and Conditions are written in the Spanish language. In the event that at some point MOBILITY translated them into any other language and on the assumption of discrepancy between one language and the other, the Spanish language version will apply to the relationship between MOBILITY and the User.
1.10. Vehicles object of the Service: The vehicles offered in rental by MOBILITY EVOLUTION are:
– electric cars.
– electric motorcycles.
– electric bikes (e-bikes).
– electric scooters.
1.11. Time or Length of Service: the Service may be contracted by minutes, hours or days as detailed on the Web, terminating the contract through the App.
1.12. These Contract General Conditions are subject to the following norms:
- Royal Legislative Decree 1/2007, of 16 November, approving the General Law for the Protection of Consumers and Users and other complementary laws;
- Law 44/2006, of 29 December, on improving the protection of consumers and users;
- Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce;
- Law 17/2009, of 23 November, on free access to and exercise of service activities;
- Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights and complementary provisions.
- Law 7/1998, on General Conditions of Employment;
- Royal Legislative Decree 1/1996, of April 12, approving the Consolidated Text of the Intellectual Property Law;
- Law 7/2014, of 23 July, on the protection of consumers and users of the Balearic Islands and other regulations of the Autonomous Community of the Balearic Islands and on the municipal ordinances regarding the organization of the operation of vehicles.
- Civil and Trade Codes and the other civil or commercial norms on contracts.
And any other regulations that replace, supplement or modify the above, where applicable.
- SUBSCRIPTION TO THE SERVICE.
2.1. Register: Prior to the use of MOBILITY available rental vehicles at any time, it will be necessary for the interested party or applicant to join the MOBILITY EVOLUTION Service by registering to the same through the linked application called WATTZER.
2.1.1. Identification data: at the time of registration, the interested party must provide all the personal data that, in a mandatory way, are requested. Other data may also be requested and the completion of which shall be voluntary.
2.1.2. Identifying data authenticity: the User shall at all times be responsible for the truthfulness and updating the personal data or of any kind, that he/she uses to register to the Service or as a cause of the use thereof. The mere suspicion of the lack of truthfulness or updating said data will give MOBILITY EVOLUTION the right to block the User and, if it so decides, at its sole discretion, terminate the relationship between the Parties, without the right of compensation or damages in favour of the User.
2.1.3. Minimum age required: Only persons over 18 years of age may register and therefore use the Service.
2.1.4. Means of identification: the interested party must identify himself/herself by filling in all the mandatory fields during the registration process, and provide documentation accrediting said identification. In this regard, in the registration process the App will give precise instructions to the interested party how to attach to the registration application a double-sided copy of the document accrediting their personal identity. Spanish nationals must do so with their ID Card; foreigners residing in Spain may prove their identity with their Foreigners ID Card; citizens of the European Union with their corresponding identification document; while the rest of foreigners with their passport. All documentation must be valid within the European Union.
2.1.5. Driving license: For the rental of vehicles offered by MOBILITY EVOLUTION Service for which the Spanish State requires a driving license (currently cars and motorcycles), the interested party must attach to his application a copy of the same. A photograph of the person’s face will need to appear on the picture. If the interested party does not have a valid driver’s license in the European Union the same must submit an international driver’s license.
In the event of expiry, loss or withdrawal of the driver’s license, the authorisation to use the MOBILITY vehicles shall be immediately suspended during the period of loss or withdrawal of the license until the renewal of the same is accredited. The User must inform MOBILITY EVOLUTION immediately and without delay of the suspension, limitation, withdrawal or retention of his driving license. Users must revalidate their membership with the MOBILITY Service after their license is renewed or recovered.
2.2.- Payment methods and payment authorisation.
2.2.1. In order to reserve and rent a MOBILITY EVOLUTION vehicle, during the registration procedure in the Service, the User must select an authorised form of payment (debit or credit card) by entering the necessary data to process the charges.
2.2.2. The holder of the card must be the User.
2.2.3. The payment will be made by bank cards, these must admit VARIABLE recurring payments, in such a way that MOBILITY can automatically charge on the User’s card the amounts for any of the services rendered or charges that according to the Web and these General Conditions correspond to him/her.
2.2.4. The User authorises MOBILITY EVOLUTION to charge on the designated payment method the amounts derived from the use of the Service and in general from the application of these Conditions (fees, prices, damages, management expenses, register fee if applicable, other charges or indemnities, if any, etc.).
2.3. Registration fee:
2.3.1. In the event that the price policy provides for the payment of a registration fee, the User must pay it at the time of registration.
2.3.2. Occasionally, the registration fee may be subject to promotions that reduce the amount of the fee, which shall be of a specified duration communicated along with the promotion.
2.3.3. To be a beneficiary of said promotions, it will be necessary for the User to enter the promotional code during the registration process and obtain a confirmation message of his application from MOBILITY. Otherwise, the implementation of the promotion may, at MOBILITY’s discretion, be the subject of customer service.
2.3.4. If the registration process cannot be completed for any cause attributable to the User (error in information, error in documentation provided, lack of readability of said documentation, etc.), in no case a refund shall be made, in whole or in part, of the registration fee specified in the Pricing Policy. Therefore, the fact that the User is unable to start using the Service, under the terms of the following section 3, for any cause attributable to the User does not entail any kind of refund of amounts paid until that time, compensation or any other privilege in its favour.
2.4. Download and install the service application on your mobile phone.
2.4.1. The User must have a compatible phone with the technical requirements of the application, which allows communication by mobile data with MOBILITY, bearing the costs incurred from said communication in its case.
2.4.2. The User will download and install the application to access the Service on his mobile phone. MOBILITY EVOLUTION is not liable for any damage or malfunction of the mobile phone caused by the download, installation or use of the application or by the User’s failure to update the application.
2.4.3. The application is called WATTZER.
2.4.4. The User must guarantee the use the Application throughout the Service, from the reservation of the vehicle to the return of the same and the termination of the rental.
2.4.5. At the time of registration, the User will create a password to access the App and the confidential information contained in the same (reservations, invoices, etc.).
2.4.6. The User shall be responsible for any damages that third persons may cause if they accesses the service, even fraudulently, with the media and the identity of the User.
2.5. Number of accounts limit.
The User may have only one account for the MOBILITY EVOLUTION Service, except as expressly authorised by MOBILITY.
2.6.1. The User shall have the right to cancel the contract within fourteen (14) calendar days of entering the contract, without indicating the reason and without incurring any costs. On the contrary, if the services have already been voluntarily initiated by the User, the same shall pay the price of the services used.
2.6.2. For this purpose the User shall communicate to MOBILITY EVOLUTION in the terms indicated below, by the same means in which he registered for the service or by any other electronic means or by certified mail (at the address indicated on this website) in any case, the will to cancel the membership must be stated expressly and unambiguously.
2.6.3. In which case, MOBILITY EVOLUTION shall reimburse the User the amounts paid in advance, if any, within a maximum of fourteen calendar days from the receipt of said communication by MOBILITY.
2.6.4. Recommended withdrawal format:
In care of MOBILITY EVOLUTION, S.A.
Calle Gran Vía Asima, nº 24,
07009, de Palma
User Address: …………………………………..
I COMMUNICATE MY DECISION TO CANCEL THE MOBILITY EVOLUTION SERVICE AND THEREFORE TO BE REMOVED FROM THE CORRESPONDING REGISTER.
Booking date:…………………… ..
Place, date and signature of the User (digital or handwritten in case of submitting on paper).