TERMS AND CONDITIONS
From the time the User has registered and has been previously validated, the same can rent the MOBILITY EVOLUTION SERVICE vehicles under the following conditions:
3.1. Booking policy.
3.1.1. Only MOBILITY EVOLUTION vehicles announced at any time in the application can be rented.
3.1.2. The MOBILITY EVOLUTION Service reservation shall be on a specific vehicle for a specific period of time.
3.1.3. Reservations can only be made through the application.
3.1.4. The length of the booking and its cost will be specified on the web and the total amount of the booking in the App.
3.1.5. MOBILITY EVOLUTION may set limitations on the number and/or duration of reservations for reasons of availability and internal organization by rejecting the reservation.
3.1.6. MOBILITY EVOLUTION may reject the reservation in cases where the User makes inappropriate or abusive use of the reservation system. Abusive use of the reservation system, including, but not limited to, repeated requests for available vehicle bookings that do not end up on a real trip. MOBILITY EVOLUTION reserves the right to terminate any User who is considered to be making abusive use of the System, prior email notice for the correction of the use behaviour.
3.1.7. In specific cases where there are discrepancies between the indicated location and the actual location due to GPS signal inaccuracies, MOBILITY EVOLUTION assumes no responsibility in this regard. The User must immediately notify MOBILITY by telephone in order for the same to resolve the problem.
3.1.8. The individual rental will begin with access to the vehicle through the application and will end when the User has returned the vehicle in accordance with these General Conditions.
3.2. User obligations in the use of vehicles:
3.2.1. The User must check the condition of the vehicle to verify any defects, visible damage or a serious dirtiness condition, in which case he/she is obliged to inform MOBILITY EVOLUTION of the matter by telephone giving as many details as possible. The User should also check that the vehicle is in a condition that ensures a safe driving. In said cases, if deemed advisable, MOBILITY EVOLUTION may prohibit the use of the vehicle.
3.2.2. The User shall at all times comply with the rules governing the operation of the rented vehicle, including those which are mandatory for health reasons.
3.2.3. The User must comply with and respect the current traffic regulations, both state, autonomous and, where appropriate, municipal.
3.2.4. The User must keep the vehicle in a minimum state of general cleanliness.
3.3. Prohibitions on the use of the rented vehicle:
The User is prohibited from:
3.3.1. Authorise third parties to access the application through their registration, and to rent vehicles with their registration.
3.3.2. Allow third parties to drive the vehicle rented by the User.
3.3.3. Carry more passengers than allowed according to each vehicle norms and/or traffic regulations.
3.3.4. Use the vehicle without taking the necessary measures and making use of the available means to prevent theft. In particular, in cars, when not using them, it must have the windows closed and the central locking system secured.
3.3.5. Use the vehicle against the traffic regulations and in particular:
- A) Drive the vehicle under the influence of alcoholic beverages, drugs or medication that affect driving. Alcohol consumption is particularly prohibited (0.0 g/l in blood or 0.0 mg/l in breath);
- b) Use the MOBILITY EVOLUTION vehicle to participate in races or sporting events of any nature;
- c) Use the vehicle for vehicle testing, speed testing, driving practices, driving training or taking people for commercial purposes;
- d) Use the vehicle to transport flammable, poisonous or dangerous substances to the extent that they substantially exceed domestic use amounts;
- e) Use the vehicle to transport objects or substances that impair driving or damage the interior of the vehicle due to its nature, size, shape or weight;
- f) Where appropriate, transport children without the means required by law or in breach of the manufacturer’s instructions regarding said means;
3.3.6. Smoking or allowing others to smoke in the vehicle.
3.3.7. Soiling the vehicle and/or leave any litter on the vehicle.
3.3.8. Drive on roads restricted to the vehicle in question.
3.3.9. Carry out repairs or modifications to the vehicle either personally or through third parties even in mechanical workshops.
3.3.10. Circulate outside the delimited service zones, if any, by MOBILITY and in no case outside Mallorca.
3.3.11. Committing criminal acts with the MOBILITY EVOLUTION vehicle;
3.3.12. Lease, sublet, rent, mortgage, pledge, sell or pledge as collateral, the vehicle or its keys, if any, the vehicle’s documentation, equipment, tools or accessories.
3.3.13. recharge the battery of vehicles by any means other than cars that may be recharged. The rest must be recharged in their respective stations.
3.3.14. Driving the vehicle must be carried out with appropriate and energy efficient environmental criteria.
3.3.15. The User must at all times monitor the vehicle’s battery level to ensure that the travel is completed at the minimum required charge within the service area.
3.3.16. Park the vehicle in accordance with the Traffic Regulations, taking into account the time limitations that may restrict the area where it has been parked.
3.4. Warnings about possible Service incidents.
3.4.1. In certain circumstances, the provision of the Service may be limited in whole or in part by restrictions or inaccuracies beyond the control of MOBILITY EVOLUTION, affecting the availability of mobile data services provided by mobile network operators, the mobile network, positioning services through GPS and Internet access. Which can be affected by atmospheric interference or topographic obstacles.
In said cases this may cause certain services to be unavailable because of a faulty transmission.
3.4.2. The same applies to positioning services based GPS systems. In addition, use of the Internet may be subject to additional restrictions such as network overload. On the other hand, temporary capacity deficits may occur as a result of service peak loads, on mobile or fixed-line networks, or on the Internet.
3.4.3. Disturbances may also occur due to force majeure, such as strikes or orders from public bodies, judges or courts, as well as technical measures and other causes (such as repairs, maintenance, software updates, improvements, etc.) performed on MOBILITY EVOLTION equipment, suppliers, content and service providers, as well as network operators, which are necessary for the adequate and improved delivery of services.
3.4.4. Use of the services through the MOBILITY EVOLUTION application and/or the MOBILITY EVOLUTION internet portal may also be subject to limitations and inaccuracies due to lack of availability or interference in the MOBILITY EVOLUTION application or the internet portal, or on the compatible device (e.g., due to force majeure, or due to technical measures or of other type such as maintenance, software updates, or application improvements or the MOVIILITY EVOLUTION internet portal).
3.5. Instructions on the procedure to be followed by the User in the event of an accident or incident.
3.5.1. The User must inform MOBILITY EVOLUTION Customer Service by telephone of any accident, damage and defects that occur during the use of the vehicle.
3.5.2. The User shall take the necessary measures both to preserve the evidence of the circumstances of the incident and to mitigate the damages in coordination with MOBILITY EVOLUTION.
3.5.3. The User shall supervise the entire delivery procedure to the tow service or, in coordination with MOBILITY EVOLUTION until the same has been taken to a safe place in an adequate manner.
3.5.4. The User must complete an accident report if the vehicle has it, and submit it to MOBILITY EVOLUTION by email or by any other appropriate electronic means. MOBILITY EVOLUTION will be in charge to initiate the corresponding procedures with the insurance company of the vehicle in question. In no event shall the User sign any admission of guilt without the express authorisation of the Service Provider.
3.5.5. If necessary, the User must require the presence of the competent police authority in case of a discrepancy with the other parties involved in the incident.
3.5.6. In the event of not communicating the incident or submitting the accident report, the User shall be obliged to pay the stipulated surcharge for this assumption.
3.5.7. Regardless of who may be responsible or guilty for the accident and regardless of having contracted a deductible service, the User is obliged to submit to MOBILITY EVOLUTION by e-mail the exhaustive information on the circumstances of the incident within a maximum period of 7 days. Otherwise, MOBILITY EVOLUTION will not be able to settle the claim and will not be covered by the policy, being obliged to repair the damages related to the accident, and shall therefore be entitled to pass on the corresponding repair costs to the User for the damages caused.
- REGULATION OF END OF SERVICE CONDITIONS.
Where termination of the rental is applicable, the User shall meet each and every one of the following requirements:
4.1. Park the vehicle within the station assigned to each vehicle. Said station is exclusively specified in the application.
4.2. For vehicles that have a specific place for this, the User shall leave the keys inside the vehicle.
4.3. If applicable, set the parking brake, fully close the doors and windows, turn off all lights; do not leave trash in the vehicle or excessive dirt.
4.4. The User must at all times pay special attention to the vehicle’s energy indicator, ensuring that it has a minimum level of autonomy, without reaching the vehicle’s energy reserve warning light, if any, as shown on the vehicle battery level display.
4.5. The User must complete the rental process through the mobile phone application by pressing the “END TRIP” button once the vehicle has been parked and secured as indicated above. If the User does not terminate the rental with this procedure, the rental will continue at the User’s cost. Once this process has been carried out, it is expressly forbidden to use the vehicle, such as remaining inside the same, in the case of cars. In case of a non-compliance, MOBILITY EVOLUTION may charge the customer’s account the time elapsed from the end of use or remaining in the vehicle.
4.6. If for technical reasons the rent cannot be terminated by the procedure established in the previous point, The User will immediately notify MOBILITY EVOLUTION by telephone and will remain with the vehicle until the Customer Care Centre has made a decision on how to proceed. The additional rental costs will be reimbursed by MOBILITY EVOLUTION once it has been established that the inability to terminate the rental is not caused by the User (e.g., if the termination of the rental is not allowed because the User has not left the keys in the vehicle, if the doors are not closed or if the vehicle is located outside the service area).
4.7. In the event that the User withdraws in whole or in part from the rental of the vehicle, which is understood to be initiated by taking possession of the same, he must bear the full cost of the time of the agreed rental.
- PRICE POLICY.
5.1. The Price Policy may be modified at any time by MOBILITY EVOLUTION, as well as the rest of these Terms and Conditions.
5.2. The rates or prices are those that are shown in the current website at any time.
5.3. The User must pay, in its case, both the amounts that correspond to his registration and the subsequent amounts for the use of the MOBILITY EVOLUTION Service which are mentioned on the Web.
5.4. As a non-exhaustive list and taking into account that the applicable concepts may also vary depending on the city of use of the service and the type and model of vehicle, a list of concepts or variables applicable to the price is shown below:
The rates shall be established by time or kilometres.
- Base rate/minute
- Rate/minute pause
- Rate per hour
- Rate per day
- Unlock rate
- Reservation Expiration rate
- Rate/minute booking
- Additional Kilometre rate
- Registry fee
- Additional charges for breach of the Terms and Conditions.
- Rate per day
- Transfer of third party invoices or fines = (according to the amount)
- Transfer of municipal tow services cost and vehicle collection surcharge = (according to the amount)
- City car pound vehicle pick up surcharge = €50
- Administrative handling of fines surcharge = €20
- Tow services surcharge in case of battery below minimum (Via de cintura, Palma de Mallorca interior) = €45
- Tow services surcharge in case of battery below minimum (Via de Cintura, Palma de Mallorca exterior) = €75
- Minimum battery charge surcharge = €30
- Collection management surcharge (debt > €60 for more than 90 days) = 15
- Key loss surcharge = €150
- Special operator travel surcharge = €30
- Vehicle immobilization for lost items surcharge = €45
- Smoking inside the vehicle surcharge €= 40
- Administrative processing of claims caused by the user surcharge = €35
- Surcharge for not reporting accidents or not collaborating in the clarification of the same, as well as not submitting an accident report = €50
- Surcharge for allowing a third party to drive the vehicle = €250
- Special cleaning fee for non-compliance with Terms & Conditions = €60
- Surcharge for leaving the vehicle out of the service area or station = €50
- Surcharge for using the Wattzer service under the influence of alcohol and/or narcotic substances = €125
- Trip abroad = €500
- Failure to comply with pandemic health security measures surcharge = €50
5.5. Unless otherwise indicated, these are final prices that include all legally applicable direct and indirect taxes. All prices published by MOBILITY EVOLUTION include VAT (Currently 21%) and insurance according to the rented vehicle.
5.6. From time to time and at its own discretion, MOBILITY EVOLUTION may grant free minutes, as a credit in euros charged directly to the User’s account for promotional activities, which may be consulted at any time in the Application. All details regarding these special benefits will be duly recorded in each of the promotions that are launched.
5.7. The rental price must be paid at the end of each trip.
5.8. All expenses and charges arising for MOBILITY EVOLUTION for the delay, payment by instalments, bounced payment, reiteration, etc., in the collection, shall be borne by the User.
5.9. The applicable prices and rates shall be those in effect at the time of making the rental reservation as stipulated in the application or the WATTZER web portal.
5.10. The cost per minute, hour, day or kilometre for the use of the vehicle, which may be subject to change, will always be shown in the application prior to the User booking the vehicle, ensuring that the same is aware of the price MOBILITY EVOLUTION will charge for the use of the vehicle at the end of the service.
5.11. PREPAID PACKAGES: MOBILITY EVOLUTION offers the possibility to purchase travel credit vouchers that will be paid in advance of use of the service. The price, credit amount and expiry conditions of the Package will be specified on the purchase confirmation. These Packages may offer some reduction in the price per minute/hour or day over the standard rate.
The credit purchased will only be valid as a driving credit and never as a booking credit, to pay for the deductible or for any other additional or different charges.
Once the Package credit is used, the minutes exceeding the Package credit will be charged at the current rate.
After the Package period of validity, the unused credit will be lost and the User shall not be able to use it.
6.1. The User shall be liable for any damages incurred as a result of negligent driving, or any other damages caused by the User to a MOBILITY EVOLUTION Service vehicle. Including, but not limited to, theft, damage or loss of the vehicle, its keys or accessories.
6.2. The User shall be liable of up to a maximum of €100 deductible provided that the MOBILITY EVOLUTION vehicle has been used in accordance with these Terms and Conditions and the damage has been notified without delay. Notwithstanding the foregoing, the User shall assume all liability if the damage or loss of the corresponding MOBILITY EVOLUTION vehicle or damage to third parties has been caused by breach of these General Terms and Conditions, of mandatory legal provisions or of the regulations applying to motor vehicle insurance by the User or any third party for which the User is responsible, if this breach has affected the insurance coverage.
6.3. The User shall also be liable if the damage is caused by a driver not authorised by MOBILITY.
6.4. In the event that the User is responsible and there is no insurance cover under the vehicle insurance scope, the User shall indemnify MOBILITY EVOLUTION against third party claims and damage to the vehicle, unless it is found that he is not liable for the damage. that no damage has occurred or that the damage actually incurred is significantly lower than the price established.
6.5. In the event of an accident whose responsibility is attributable to the User himself, the User liability shall also be extended to indirect costs, such as those corresponding to expert fees, up to the deductible amount indicated in the Price Policy, provided that the latter has complied with these General Conditions, the statutory provisions of mandatory compliance and the applicable vehicle insurance regulations.
6.6. if the User chooses to pay for a deductible, which must be confirmed for each trip before the start of the same, allows to reduce the amount of the deductible in the event of an accident up to the amount specified in the Price Policy. The User cannot cancel the same after the service has started. The deductible will only apply to amounts resulting from damage to the vehicle, but in no case to other amounts or surcharges specified in the Price Policy and which may apply in the event of an accident.
6.7. The User shall be liable for the consequences of traffic or other offences (and their resulting civil liability) that he/she commits with the vehicle. The User shall pay all fees and costs and shall exempt MOBILITY EVOLUTION from any third party claims. For the processing of traffic offences (fees, fines, etc.), the User will pay the processing fees established in the Pricing Policy.
6.8. In the event that the User causes an accident outside the operating area of the MOBILITY EVOLUTION Service, the User will be responsible for the costs of returning the vehicle to the operating area after it has been repaired.
6.9. For users linked to company accounts, the company and the User shall be jointly and severally liable of all charges and damages caused.
6.10. If it becomes necessary for MOBILITY EVOLUTION to relocate a vehicle due to a breach of any of the terms of termination of the rental, or a third party contracts a tow service, the User shall bear the costs of said service and the additional fees in accordance with the current pricing policy.
6.11. The User shall pay if he allows a person other than an authorised driver to use the MOBILITY vehicle the surcharge according to the current pricing policy.
6.12. All the MOBILITY EVOLUTION cars and motorcycles are insured with the following coverages:
- Compulsory civil liability
- A) INSURABLE INTEREST
The obligation to compensate a third party for damages caused by the use and driving the vehicle, where the Insured is civilly responsible under the terms of the consolidated text of the Law on Civil Liability and Insurance for Motor Vehicles, Royal Legislative Decree 8/2004 of October 29, updated in accordance with Law 21/2007 of July 11, and additional provisions in force on the date of occurrence of the claim.
- B) INSURED
- The owner of the vehicle.
- The driver.
- C) PERSONS CONSIDERED THIRD PARTIES
- For bodily injury claims:
- a) The driver.
- For property damage claims:
- a) INSURABLE INTEREST.
- b) The policyholder.
- c) Spouse or relatives, up to the third degree of consanguinity or affinity of the latter.
- D) BENEFITS OF THE INSURER IN THE EVENT OF A CLAIM
- Posting the required civil liability bonds for the Insured.
- The legal representation against the claim of the alleged injured party, including the payment of fees and expenses, in accordance with the Bar Standards Board.
- The payment of compensations owed by the Insured.
- The payment of pensions established by the Judicial Authority.
- E) INSURED SUMS
- 100% of the owed compensations.
- 100% of the covered expenses.
- Together for both concepts and the maximum amounts established per victim and per claim, at the time of the traffic accident.
- Complementary civil liability, bonds, defence and damage claim
Complementary civil liability, bonds, defence
- A) INSURABLE INTEREST
The obligation to compensate a third party for damages caused, when the Insured person is civilly responsible under the provisions of articles 1902 and 1903 of the Civil Code and 116, 120 and 121 of the Criminal Code, as a direct consequence of:
- Use and vehicle operation.
- Parked vehicle, even in the event of fire or explosion inside or outside the garage.
- B) UNINSURED OBLIGATIONS
- Those resulting from damage to things:
- a) Transported in the vehicle.
- b) That are in possession, under any title, of the Insured, the Policyholder or of those people which both should be
- Damage caused by items carried on the vehicle as a result of:
- a) Overload, both in weight and in width, height or length.
- b) Falling solids, liquid spillage, or gas leaks.
- c) Fire or explosion.
- d) Pollution
- Damage caused by loading and unloading operations.
- Damage caused by the performance of industrial or agricultural work for which the vehicle is intended.
- C) INSURED
- The owner of the vehicle.
- The driver authorised by the owner.
- D) PERSONS CONSIDERED THIRD PARTIES
- For bodily injury claims:
- a) the Insured.
- b) the Policyholder.
- c) His/her spouse and the direct ancestors and descendants of both, through 3rd grade
consanguinity or affinity.
- d) Their partners.
- For property damage claims:
- a) the persons mentioned above.
- b) its employees.
- E) BENEFITS OF THE INSURER IN CASE OF CLAIMS
- Posting the required civil and criminal liability bonds, except for fines of the Insured.
- The legal representation against the claim of the alleged claimant.
- Payment of the fees and expenses of the Insured in civil and criminal proceedings, in accordance with the regulations and related provisions of the Bar Standards Board.
- The payment of compensations owed by the
- F) INSURED AMOUNTS
- 100% of the owed compensations
- 100% of the covered expenses.
- Together for both items and a maximum per claim of up to 50 million EUR.
- The insured amounts are as a supplement and in excess of those established as mandatory at the time of the traffic accident by the legislation on Civil Liability and Insurance in the Operation of Motor Vehicles.
- A) INSURABLE INTEREST
- The friendly and legal actions in favour of the Insured to obtain from the liable party and his/her insurer the compensation for the damages suffered in a traffic accident in which the Insured vehicle has been involved.
- B) INSURED
- The owner of the vehicle.
- The driver authorised by the owner only while driving the vehicle.
- C) BENEFITS OF THE INSURER
- The technical and legal representation of the claim, although the Insured may freely choose the Lawyer and Solicitor, who, in said case, they shall not be subject to the Company instructions.
- The judicial and extrajudicial actions of the complaint.
- The payment of the fees and expenses derived of the actions of the claim, in accordance with the regulations and related provisions of the Bar Standards Board.
- D) INSURED AMOUNTS
- 100% of claim costs and up to 1,500.00 EUR per claim.
- Driver bodily injuries
- A) INSURABLE INTEREST
- The payment in the event of a traffic accident involving the insured vehicle, when the Insured suffers:
- a) Death.
- b) Total Permanent Disablement: complete paralysis, blindness, or complete loss
of: both hands, both arms, both feet, both legs, one arm and one leg or one
hand and one foot at the time.
- c) Partial Permanent Physical Disablement: total loss of: one arm 70%; one hand 50%; one
leg 60%; one foot 40%; one thumb 20%; other finger 10%; one toe 5%; one eye 30%; the ear 40%. Other injuries will be assessed by analogy.
- In its case, health care coverage, prison release and transfer costs prescribed by a physician, provided it is performed in the country of the accident or in Spain.
- B) INSURED
- The driver authorised by the owner.
- C) BENEFICIARIES IN THE EVENT OF DEATH OF THE
In order of preference:
- The spouse if not separated.
- His/her children.
- The legal heirs.
- D) BENEFITS OF THE INSURER
- The amount of payment to be received
- The payment of invoices for covered expenses, including those of an urgent nature.
- E) INSURED SUMS
In case of:
- Death: 6,000 euros
- Total Permanent Disablement: 6,000 euros
- Total and Partial Permanent Disablement: the result of applying the percentage over 6,000 euros provided by the above list.
- Healthcare: 100% of the costs to be incurred over two years and, maximum per incident, €1,500.00.
- Release from prison: 100% of expenses
- Travel assistance
- A) INSURED INTEREST
The provision of an assistance network national and international which is
permanently in a position to provide in the shortest possible time the following coverages:
- Services to people:
- a) Transfer using the most suitable means including aircraft or rental vehicles for:
- Insured persons who are wounded or sick, to the appropriate hospital or to their domicile in Spain, according to medical criterion and, in case of hospitalization, when the Insured is discharged, to their domicile in Spain.
- The mortal remains of the deceased Insured persons, to their place of burial in Spain.
- The remaining accompanying Insured Persons of those who are wounded or sick or have died, to their residence in Spain or the place of burial in Spain, if none of them are in a position to drive a vehicle, or for another reason that they could not continue the journey or travel to the place of burial.
- Insured persons whose spouse, children, father, mother or siblings have died, to the place of burial in Spain, when they cannot travel by their own means, returning them later to the place where they were, in order to recover the vehicle to continue the journey.
- A relative of the Insured when the latter had to be hospitalised for more than ten days and does not have a companion, with subsequent return to their home in Spain.
- Insured to:
- A) their home in Spain, when the vehicle had been towed to a workshop
close to it.
- b) the workshop in which the repair is to be carried out, if
this can be done within the same day and the Insured decides to wait until the vehicle is repaired.
- c) a hotel near the workshop if the Insured decides to wait until the vehicle is repaired and
it is not repaired on the same day.
- d) a hotel in the locality of the vehicle theft or directly to the domicile of the Insured person in Spain.
- e) the domicile of the Insured after 72 hours in Spain or 120 hours abroad without the vehicle being recovered, in the same theft instance.
- f) the workshop where the vehicle has been repaired or where it appeared
following the theft, provided the vehicle transfer warranty has not been used. In said cases the Insured may designate another person to make the transfer in his/her place.
In general, regarding the transfers provided for in this section, the Insured may choose to change the intended point of arrival (e.g., his domicile in Spain) to another (e.g., the original destination of the trip), provided that the chosen travel is not farther than the intended one.
- b) Accommodation of the Insured in a four star hotel or similar category, on bed and breakfast basis:
- In case of accident or illness, according to medical criterion, until it is possible to continue the trip or return to the residence in Spain and for a maximum of ten days.
- In the above-mentioned cases, awaiting completion of the repair or
the recovery of the vehicle in case of theft, until it occurs and a maximum of three days in
Spain and five abroad.
To these maximum periods, weekends and holidays shall be added interspersed,
in its case.
- In the event that the incident occurs at night and the Insured would like to stay overnight, this accommodation is compatible with the return home the following day.
- c) Accommodation of a family member in a four star hotel or of similar category, on a
bed and breakfast basis, when the same travels to accompany the hospitalised Insured for a planned period of more than ten days until discharged from the hospital and, for a maximum of 15 days.
- d) Search and use of ambulances, doctors, hospitals
and medicines, necessary for the provision of health care,
including dental emergencies for sick or injured Insured persons, when this occurs abroad.
- e) Coverage of the costs incurred by health care provided for in the preceding paragraph.
- f) Urgent search and delivery of essential medicines not found in the place where the Insured is located.
- Vehicle Services:
- a) Road and urban areas assistance:
- The necessary technical assistance, in order to enable the continuation of the journey, provided that the repair is possible at the place where the vehicle is immobilized (technical assistance comprises the service provision and labour, but not the cost of the spare parts).
In addition, tyre change due to puncture or burst tyre, lack of fuel or fuel error, breakage of the front, rear and
side windows, lost or broken keys or any situation that prevents entering the vehicle.
- Recovery of the vehicle when it has overturned or fallen on a slope, to leave it in a driving position or to be towed.
- b) Towing the vehicle, when it has not been possible to repair it in place:
- If the accident occurs in Spain (peninsular territory), you may
choose to tow the vehicle to a workshop near the accident site to carry out the
repair, or if appropriate, the vehicle may towed to a workshop designated by the Insured near his/her domicile.
- If the incident occurs abroad and the repair of the vehicle takes more than five working days, the vehicle shall be towed to a workshop near the location of the incident to carry out
the repairs or if the Insured so wishes, it will be towed to a workshop designated by the latter close to his/her domicile in Spain.
- Towing the vehicle to a workshop near the Insured’s domicile shall be carried out provided that the vehicle’s market value before the accident, breakdown or theft, is not less than the repair cost.
- In case of theft, if the vehicle is recovered, action shall be taken depending on whether or not the Insured has already returned to his/her domicile in Spain and whether or not the vehicle is
- Towing on non-ordinary roads is covered as long as the vehicle’s location is easily accessible to the tow services.
The Insurer in Spain shall make available to the Insured a replacement vehicle (up to Class C) for a maximum of 4 days, if in the event of an accident the vehicle is not roadworthy, and the Insured vehicle has been towed to an “Allianz trusted repair workshop” for repair.
The rental vehicle is subject to existing availability and the terms of the rental agreement.
The fuel of the vehicle shall be borne by the Insured.
- Other services:
- a) When legal abandonment of the vehicle at the scene of the accident or breakdown takes place and the amount of the repair is greater than the vehicle’s market value, the above-mentioned towing shall not proceeding.
- b) Sending a professional driver to take charge of the vehicle
if the Insured occupants are unfit to drive the same, due to illness, accident or death.
- c) Collaboration in the search and shipment of lost or stolen baggage and personal belongings.
- d) Coverage of the costs of obtaining duplicates of the driver’s licenses and national identity cards of the Insured, as well as of the vehicle registration and
technical inspection card of the vehicle if it is lost or stolen in the accident.
- e) Transport and custody of pets accompanying the Insured at the time of transfer for one of the reasons (accident, illness, death or breakdown) above-mentioned.
- f) Coverage of vehicle custody costs, until the planned towing or recovery can be carried out.
- g) Search for and express shipping abroad of spare parts that are not found at the place where the accident or breakdown took place (the service does not include the cost of the shipped spare parts).
- h) Transmission of urgent messages that the Insured is unable to make directly to his/her family or company.
- B) INSURED
- The owner of the vehicle, provided he/she is a natural person.
- The spouse, ancestors, descendants, and other relatives of the
owner who live with him/her.
- Passengers of the insured vehicle, including the driver, even if they are not related to the owner, but only if they occupy a seat in the vehicle.
- C) BENEFITS OF THE INSURER
- A call centre operating 24 hours a day every day of the year, where the Insured can request the guaranteed services by a telephone call from Spain to the number
901 100 128 and, when possible, a reverse charge call from abroad at number 3491 452 29 12.
- Organization and maintenance of a support network capable of
providing the guaranteed services 24 hours a day every day of the year.
- a) Provision of the guaranteed services by own or third parties.
- b) Payment of invoices for covered expenses of guaranteed services.
- D) INSURED AMOUNTS
100% of the cost of services with no amount limit, with the exception of the following cases:
- The amount of €6,000.00 for health care costs.
- A sum equivalent to the market value of the vehicle for abandonment expenses.
6.13. For MOBILITY EVOLUTION electric scooters and electric bicycles , the insurance has the following coverage:
RENTAL COMPANY CIVIL LIABILITY FOR BICYCLES AND SCOOTERS
- COVERED RISK: Operational Civil Liability
1.1. The pecuniary consequences of the direct civil liability that may arise for the Insured Company, in accordance with the legislation in force, for personal injury, property damage and consequential damages, as defined in the Policy Terms, unintentionally caused to third parties and the municipal patrimony of the municipality indicated in the Special Conditions and where the activity subject of the insurance is carried out as a result of the operation of the rental system, which is described in the policy.
1.2. In addition, and in the terms and conditions established in the policy, the Insurer shall bear the economic consequences of the civil liability that may arise for the Users of the vehicles object of the activity object of the Insurance, which shall also have the status of Insured, in accordance with current legislation, for personal injury, material and consequential damages, as they are defined in the Policy Conditions and caused unintentionally to third parties and the municipal patrimony of the municipality indicated in the Special Conditions and where the activity subject to insurance is carried out, exclusively in their capacity as Users of the aforementioned vehicles registered in the Rental System of the Insured Company, provided that such damages occur:
- during the operation and/or normal use to which the same are intended, and that such use and/or operation is done under the conditions established by the insured company assignor of the vehicles, provided that said liabilities are not covered by the Road Traffic Act, and
- in accordance with municipal regulations and/or ordinances governing its use within the urban areas of the municipality where the insured activity is carried out and that it is carried out in or by the zones and/or places where its use and operation is authorised, or
- as a result of the damage caused by a mechanical failure of the vehicles subject to the activity covered by the Insurance.
1.3. Only natural persons over 18 years of age and under 14 years of age may be users/assignees, provided that, in the case of the latter, the holder of the bank card associated with the credit is of legal age and commits himself to the conditions established by the Assignor Company for the rental of the vehicles subject to the “Object of Insurance” activity (see the DEFINITIONS section of the Policy Conditions)
1.4. The warranty covers liability under the applicable law, leaving AXA exempt from any compensation that may correspond to the Insured under contracts, covenants, special provisions or any other type of agreements and which exceed the strictly legal warranty.
- EXTENSION OF COVERAGE:
By extension the liability cases established in the Description Section of the contracted coverages of the Conditions of this these Terms and Conditions are also covered; except for the Operational Civil Liability coverage, as established in point 1. COVERED RISK.
Within the insurance guarantees, civil liability arising from:
2.1. Damage caused by acts or omissions of personnel in the service of the Company, in the exercise of their functions.
2.2. The property or use as a lessee, of the premises, facilities and buildings in which the activity described in the policy is performed, as well as of fixed or mobile fixtures, such as parking signs or other signs or signage related to the insured activity, anchor points and other property of the Insured and used for the activity covered by the insurance.
2.3. The ownership of the vehicles subject to the “Insurance Object” activity, as well as the
furniture, fixtures and/or tools necessary for the exercise of the activity described in the policy.
2.4. Damage caused due to a failure or breakdown of the vehicles subject to the “Insurance Object” activity, due to their lack of maintenance and/or repair, as established in the terms of the policy.
2.5. Damage caused by the use of self-propelled machinery, automobiles, motorcycles or other vehicles used by the Insured for the insured activity not intended for rent. For the goods or objects transported in the aforementioned vehicles, as well as the damage caused by loading and unloading operations of the goods and/or objects transported, when said liabilities are not covered by the Road Traffic Act.
2.6. Damage caused by fire and/or explosion, unless such fire and/or explosion is due to the use, handling, storage or simple possession of materials intended to be used as explosives.
2.7. Accidental damage to third parties by water, from the Insured’s premises, buildings or installations.
2.8. Poisonings caused by drinks or food prepared or served in the premises of the Insured company and consumed inside the same.
For the purposes of this coverage, the employees of the Insured shall be considered as third parties, and the definition of third parties provided for in the Conditions of this policy shall be partially repealed.
In the event that the management of the cafeteria and/or business canteens is assigned to a third party, the coverage of this policy shall be exclusively that which may correspond to the Insured in a subsidiary way, i.e. when the direct responsible is declared insolvent.
2.9. Damage produced during repair and maintenance of buildings, premises or facilities used for the development of the Company’s activity, provided that said works are considered minor works, in accordance with the statutory municipal license.
2.10. Participation in exhibitions and fairs, including assembly/disassembly of stands.
2.11. The organization and operation of:
- a) The company’s medical services.
- b) Social and recreational services for staff, even if they are used occasionally by persons outside the company (e.g. swimming pools, kindergartens, sports facilities).
(c) The company’s own security and monitoring services.
In the event that the management of any of the services referred to in subsections b) and c) is assigned to a third party, the coverage of this policy shall be exclusively that which may correspond to the Insured in a subsidiary form, i.e. where the direct responsible is declared insolvent.
2.12. Damage caused by dogs owned by the Insured intended for the custody of the Company’s facilities and/or premises.
In the case of dogs classified as dangerous or potentially dangerous by the legislation in force, the coverage shall be applied solely and exclusively in excess and/or as a supplement to the Civil Liability insurance of the various regulations issued by the different Autonomous Communities, as well as those established at National level for the owners of this type of dogs.
If the dogs are owned by a third party, the coverage of this policy shall be exclusively that which may correspond to the Insured in a subsidiary form, subject to the concurrence of the following requirements:
– That the directly responsible owner of the animal be declared civilly responsible in a final ruling for the damage caused in the incident.
– That his/her insolvency is accredited in the judicial process.
– That they do not have any policy taken out nor in force with coverage against Civil Liability risks arising from the property of the dog, or if they have it, the maximum guaranteed amount was insufficient to cover the compensation derived from the incident, in which case, the insurer will cover the part of the indemnity that is not covered, provided that the requirements specified above are met and within the terms and conditions established in this policy.
For this coverage to be valid 2.4., it shall be an essential condition that:
- a) Dogs must have the property documentation, veterinary card and identification chip.
- b) Dogs must be kept inside the Insured’s premises at all times.
2.13. Damage caused by the operation and/or normal use of the vehicles subject to the activity covered by the Insurance by the users/assignees of the same, and that said use and/or operation is done under the conditions established by the Insured company that is the assignor of the bicycles within the urban areas that are authorised by the municipal regulations or ordinances that for this purpose have been established in the municipality indicated in the Special Conditions of the policy and where the insured activity is carried out, such as a bike path, protected bike path, cycle street or cycle lane or other different authorised by the aforementioned regulations.
2.14. Any other actions or situations arising directly from the business activity stated in the policy, with the exceptions contained in the Special Conditions or contract that follow.
- THIRD PARTIES:
It is hereby stated that, without losing their status as Insured, the users registered in the rental system, will have the consideration of third parties in this contract, exclusively in front of the assignor Company that manages the Rental System, but in no case shall they be against any other registered User(s), nor when they are providing or performing an assignment and/or work on behalf of and in the service of the Insured Assignor Entity; but it shall also have a third party status in the event that the User suffers damages as a result of a failure of the vehicles subject to the activity covered by the Insurance.
Consequently with the above-mentioned, the definition of third party as provided for in the DEFINITIONS paragraph of the Special Conditions of the policy is partially repealed.
The following are excluded from the Civil Liability:
4.1. Expenses incurred by the Insured to prevent damage (Damage Prevention expenses) or to repair the property and facilities causing the damage (Repair expenses).
4.2. The use of the vehicle(s) object of the activity object of the Insurance by person(s) other than the User-assignee or by a minor, except as established for the latter in Point 1.2. Second paragraph of these Terms and Conditions, being of legal age the holder of the Bank Card.
4.3. For damages due to intentional or wilful acts of the Insured or the Users, malice or gross negligence or those resulting from the deliberate violation or breach of legal regulations.
4.4. The lucrative use of the vehicle(s) subject to the activity covered by the Insurance by the User(s)/Assignee(s) as well as any type of commercial, industrial, rental, courier service and/or transportation of persons or goods, such as the use of the vehicles for any service free or not, public or private loan by the aforementioned Users.
4.5. Liability for acts or actions that fall within the sphere of the private and/or family life of users.
4.6. Damage caused by the operation of the vehicle subject to insurance when the User is travelling with headphones connected to a receiving or sound player devices and/or mobile phones, except in the case of helmets fitted with communication devices which are approved for this purpose.
4.7. Those which may be covered by traffic events as regulated by the current legislation on the use and operation of motor vehicles.
4.8. Any claim arising out of the breach or violation of Organic Law 15/99, of 13 December, on the protection of personal data or of the provisions that develop, amend or replace it.
4.9. Sanctions, fines and/or penalties of any kind; as well as the payment of fines, sanctions or penalties of any kind imposed by the competent courts, tribunals or authorities, as well as the non-payment consequences.
4.10. Participation in bets, sports or non-sports tests, races, challenges or competitions of any nature or kind, as well as the preparatory tests for the same.
4.11. Damage that occurs in places where the use and/or operation of the Insured vehicles is not authorised, or for violation or breach of the norms or ordinances governing the ownership, use and/or operation of the vehicles subject to the activity covered by the Insurance.
4.12. Damage that occurs in a state of drunkenness or under the influence of drugs, intoxicants, narcotics and/or psychotropic substances. Drunkenness or drug addiction is considered when the degree of alcohol or drug addiction is higher than the rates legally established for both cases, according to the determination or measurement methods determined by Spanish law, or when the User assignee is convicted for intoxication or drug addiction as a determining and/or concurrent cause of the accident.
4.13. Damage caused by the use of vehicles other than the vehicles covered by the activity covered by the Insurance.
4.14. The use of the vehicles subject to the activity covered by the Insurance in any acrobatic routine or show, or using vehicles specially designed to carry out said routines, in the case of BMX bikes or those fitted with footpegs or stirrups.
4.15. Those arising from holding or participating in sporting competitions of an official and/or professional nature, as well as in tests such as: descents, bike trial or trialsin (bike trials), cross-country, enduro, freeride or BMX Racing or Freestyle (street and dirt) or others.
4.16. The use of rental vehicles of the following types:
o Electric or non-electric scooters that do not qualify to be considered TYPE A or B, as defined in the policy, or that by bringing them together, the devices that define them as such have been modified, removed or enhanced.
o Cargo bikes, taxibikes or utility bikes in any of their types and forms
o Sideways bike, Part Racer, Fixies, and Single Speed.
o Wheelchair hand bikes
o High wheeler, track bike or fixie.
o Any type of unicycles, velocipedes, velomobiles, or bikes with bodywork.
o PMV (Personal mobility vehicles), types B, except those defined in the DEFINITIONS section of this policy which are covered; and types C0, C1 and C2
o Electric scooters like Chopper, Scooter or Harley
o Sport-Freestyle scooters or any of its variants and/or forms.
o Electric, manual or any type of wheel chairs.
o Hoverboards, Electric Wheels; electric unicycles and Segways.
o Tandem, Tricycle or Quadricycles for disabled or not.
4.17. Damage of any kind that may be sustained by the vehicles object of the activity Object of the insurance or their accessories or parts, including total or partial theft, loss, misplacement, disappearance and/or vandalism, as well as for the goods transported in them.
4.18. Damages and/or injuries to third parties, while the vehicles covered by the Insurance are in a situation of theft, loss, misplacement, disappearance and/or vandalism.
4.19. Damage of any kind caused by punctures or blowouts suffered by the vehicles subject to the activity covered by the Insurance. However, possible consequential damages may be covered, as a result of blowouts, provided that they are determined to be the result of a poor installation and/or maintenance of the tyre inner tubes or covers and not as a result of an accidental puncture or the inappropriate use by the User(s)
4.20. Claims for the rented goods failure to comply with the quality, capabilities or utility offered.
4.21. Damage to belongings or third parties that could be transported.
4.22. Use by person/s other than the accredited registered User/assignee in the Rent System, or if at the time of the incident the vehicles subject to the activity covered by the Insurance two or more persons were using it.
4.23. Claims for damages attributable exclusively to the manufacturer of the vehicles subject to the activity covered by the Insurance for hidden defects linked to its manufacture.
4.24. Damage caused by belongings, goods or merchandise carried on vehicles subject to the activity covered by the Insurance.
4.25. Damage as a result of User manipulation of the mechanisms or structures of the vehicles subject to the activity covered by the Insurance.
4.26. Claims for damage occurring outside the authorised areas for the operation of the vehicles subject to the activity covered by the Insurance indicated by the different Municipal Ordinances.
4.27. Damages arising from a non-compliance of the rules of operation and other municipal laws or ordinances that regulate the use and circulation of vehicles subject to the activity covered by the Insurance and which apply to the same.
4.28. Damage that occurs when the maximum speed limit authorised by the competent authority for the use of the vehicles subject to the activity covered by the Insurance has been exceeded.
4.29. Claims made for the transmission of infectious diseases of persons, all types of diseases derived from any influenza virus, the transmission of bovine spongiform encephalopathy (BSE) or any other infectious disease, as well as any damage caused by the extraction, transfusion and/or preservation of blood or blood plasma and those resulting in the acquisition, transmission or infection of Acquired Immunodeficiency Syndrome (AIDS).
4.30. Damage to archaeological remains, buildings, areas, natural areas and/or monuments of tourist, artistic and/or historical interest.
Also excluded is damage caused by and due to:
4.31. Noticeable wear of the mechanisms and parts of the vehicles covered by the Insurance or any other wear or natural deterioration of the parts due to a noticeable lack of maintenance and/or minimum care of the aforementioned vehicles.
4.32. Damage due to a defect of the insured item, as well as damage caused by deterioration due to weather conditions, dry air and/or extreme temperatures, oxidation, erosion, corrosion, cavitation or those produced by slow action of the weather.
4.33. Damage caused by failure to observe the instructions contained in the manufacturers’ manuals regarding the use and maintenance of the Insured item.
4.34. Direct or indirect damage caused as a result of handling work or repairs, restoration or modification performed on vehicles object of the activity Object of the insurance by persons not authorised by the manufacturer or the assignor.
4.35. Claims for loss of usefulness of the unit due to lack of spare parts, or based on decreased capacity, power or initial quality, even after replacement of a covered part.
4.36. Damage caused by activities, uses or objectives other than cycling or skating activity, as well as the misuse of the vehicles object of the activity Object of the insurance.
4.37. Incidents that occur as a result of optional risks or types of coverage that have not been taken out.
4.38. Misuse of confidential codes associated with system subscriptions or user cards.
4.39. Damage caused during periods of time when the Rental System is inoperative so that normal use of the Rental System is impossible.
- TEMPORAL SCOPE:
This policy covers damages that occurred during the term of the policy and claimed during that same period or within a maximum period of two years from the end of the last of its extensions or, failing that, its duration, as well as from the cancellation or termination of the policy.
6.14. Failure to immediately communicate any accident that occurred during the use of the MOBILITY EVOLUTION Vehicle by the User may result in surcharges specified in the Pricing Policy.
6.15. In the event that the User requires the assistance of a tow service, the towing of the same and its accompanying persons, if any, from the place of the assistance to another location, shall be at the discretion of the tow services operator.
7.1. In cases where the User fails to comply with any of these Conditions, MOBILITY EVOLUTION may, unilaterally, cancel the service and the registration as a User without this entailing any right to compensation or indemnification in favour of the User.
7.2. Including, but not limited to, the following shall be deemed non-compliances by the User,:
- The lack of payment of the service price. If the non-payment occurs repeatedly, he/she may also be removed from the MOBILITY EVOLUTION register.
- Failure to pay any of the amounts to which it is obliged under these General Conditions.
- Misrepresentation in the identification data provided, both personal and of other type, or in the documents provided.
- Failure to update the data which, in accordance with these Conditions it is essential to have up-to-date.
- Driving without a drivers licence or seriously failing to comply with any of the general driving regulations.
- Allow third parties to use the membership and registration to use of the MOBILITY EVOLUTION Service.
- Make abusive use of the reservation functionality.
7.3. The User may unsubscribe from the registration at any time, without prejudice to his obligation to pay the outstanding charges, by sending an e-mail to email@example.com requesting the cancellation, with the first and last name and ID explaining, on a voluntary basis, the reason of the decision.
- CUSTOMER SERVICE, COMPLAINTS AND CONFLICT RESOLUTION.
8.1. Users can request information about the services or vehicles offered or contracted and submit claims and complaints by e-mail to “firstname.lastname@example.org”, telephone 0034 603 656 091 or by mail to the postal address C/ Calle Gran Via Asima, No. 24, 07009, in Palma. Through these same channels the Users can request that the official claims and complaints forms be sent to them in paper or electronic form.
8.2. According to Law 34/2002 of 11 July, the contract shall be presumed to be entered into at the MOBILITY EVOLUTION domicile (Palma, Mallorca, Balearic Islands, Spain).
8.3. In the event of disputes or disagreements that may arise as a result of the present contractual relationship and could not be resolved amicably, in accordance with article 90 of the General Law for the Protection of Consumers and Users (Law 1/2007, of 16 November), The parties expressly submit themselves to the jurisdiction of the place of fulfilment of the obligation, unless by law the jurisdiction corresponds to the Clients’ domicile.
8.4. However, if the domicile of the User is in the European Union, he/she may go to the European Online Dispute Resolution Platform (ODR) through the links provided by the European Commission: https://ec.europa.eu/consumers/odr/main/?event=main.ADR.show2 https://Webgate.ec.europa.eu/odr.
- OTHER CONDITIONS.
The headings in each section do not condition, assume, limit or alter its contents.
The Parties recognize that there are no complementary verbal or other agreements. Any modification of these Conditions shall be governed by the procedure established in these Conditions.
Version published on 10 September 2021