Terms and conditions of service
- Proprietor: Emoveyou, S.L.
- Registered office: C/ Llull, 57-61, 6º- 2ª. - 08005 - Barcelona (Barcelona)
- CIF/NIF: B67209809
- Telephone: 930162514
- E-mail: firstname.lastname@example.org
The present terms and conditions regulate the electric motorbike or electric bicycle rental contract between Emoveyou S.L. (hereinafter referred to as the Lessor) and the customer (hereinafter referred to as the Lessee) and from that moment onwards the customer is deemed to be subject to and bound by the following clauses:
Use and condition of the vehicle
The Lessee shall receive the vehicle on lease from Emoveyou S.L. in good working order and in a good state of conservation of its essential parts and accessories, documentation, etc., all of which shall be checked by both parties before the Lessee receives the vehicle (motorbike or bicycle) on lease.
The Lessee undertakes and obliges:
- Do not allow persons other than those authorised in the contract to drive the vehicle (motorbike or bicycle).
- Not to transport in the vehicle more people than the normal capacity and authorised in the vehicle documentation, not to transport domestic animals in compliance with the regulations in force, not to transport any kind of goods, utensils, materials, objects or anything that the law prohibits having, using, transporting, trading with them, etc., being the responsibility and risk of any liability arising from the infringement of this section.
- Not to use or allow the rented vehicle to be used as a means of committing crimes, actions that are punishable, prohibited or simply punished by law, aiding criminals or protecting, transporting or sheltering objects that come from crimes.
- To have the vehicle (motorbike or bicycle) properly parked and guarded when not in use.
- You undertake at all times to provide truthful information about the data requested in the user registration forms or the contract, and to keep them updated at all times.
- You agree to accept all the provisions and conditions contained in these terms and conditions on the understanding that they reflect the best possible service for the type of activity carried out by Emoveyou S.L.
Payments and deposit
The price of the rental or leasing is the price stated in the rental contract and is established according to the General Tariff in force (with regard to services, taxes and fees) and the initial price agreed with the Lessee at the time of the rental, according to the selected tariff.
Daily rental of electric scooters:
- The reservation and payment of the electric scooter rental service by the day is made: (i) Online from our website, with the Hirer paying for the full service in a single instalment, corresponding to the total duration of the service, by credit card (Redsys secure payment gateway) or PayPal. (ii) Directly at our establishment in cash or by credit card.
- At the time of collection of the vehicle (electric motorbike), the stipulated deposit of €250 will be paid by credit card. At the end and termination of this Contract, the Lessor undertakes to return the amount paid by way of security deposit to the Lessee, unless the latter has failed to comply with any of the terms and conditions of this Contract or incurs any expenses due and not paid at his expense, without the security deposit accruing any interest in favour of the Lesseeduring its period of validity.
Renting by months of electric motorbikes:
- The reservation of the Renting service for months of electric motorbikes is made through direct communication between the Lessee and the Lessor. Lessor via email and/or telephone based on the rates established and present on the website for these services. At the time of signing the contract and collection of the vehicle (electric motorbike), the Deposit stipulated at 250€ will be paid by credit card. At the end and termination of this Contract, the Lessor undertakes to return the amount paid as Deposit to the Lessee, unless the Lessee has breached any of the terms and conditions of this Contract or incurs any expenses due and not paid at its expense, without the deposit accrued during its validity accruing any interest in favour of the Lessee.
- The first instalment is payable at the time of signing the Contract. The Tenant 's signature on this form implies his acceptance. The Lessee is obliged to pay the remaining monthly instalments agreed in this Contract by direct debit to the bank account indicated in this document through a SEPA agreement with the bank determined by the Lessor. Lessor. These monthly payments will be invoiced on a monthly basis. The non-payment of any amount owed by the Lessee to the Lessee shall be charged to the Lessee. LessorThe non-payment of any amount owed by the Lessee to the Lessor shall accrue to the latter, without the need for any notification or claim, interest in arrears at the legal interest rate in force at any time, from the date on which the amount should have been paid until the date of its effective payment. Failure by the Lessee to comply with the obligations and conditions stipulated in this Contract, as well as failure to pay any of the monthly instalments due within the term and in the manner agreed by both parties in this act, shall entail (i) automatic termination of the contract; (ii) immediate return of the vehicle; (iii) payment of the instalments accrued and not paid to date with a surcharge of 5% A.A.E. of the value of each instalment; (iv) payment of the amount due and not paid to date with a surcharge of 5% A.A.E. of the value of each instalment.A.E. of the value of each instalment; (iv) the payment of up to 25% of the outstanding instalments until the expiry of the agreed term, as a penalty. Said amounts shall be considered as a liquid and due debt, for all purposes, empowering the Lessor to exercise any civil and/or criminal actions that may correspond in defence of its legitimate rights and interests. In the event of non-return of the vehicle by the lessee, the Lessor reserves the right to bring any action it may be entitled to for the recovery of the aforementioned vehicles. The Lessor shall be entitled to proceed to the immediate recovery of the same, either at his own expense or through the intervention of the competent authorities. The costs incurred by the Lessor for the recovery of the vehicle will be passed on to the Lessee.
- In the event of termination of this Contract, for any reason whatsoever, the Lessee is obliged to return the leased property to the Lessor within a maximum period of 48 hours, to be calculated from the date of receipt of the notification duly made in which said termination and the termination of this contractual relationship is communicated. In this case, at the same time of returning the vehicle, the lessee must pay the amounts mentioned in the previous section, adding, in any case, the legal interest rate in force at that time for late payment interest.
- Without prejudice to the foregoing, in the event of total loss of the rented vehicle, theft, unlawful removal of the same or any event of force majeure, this Contract shall be terminated by operation of law, and the Lessee shall pay the following amounts to the Lessor: a. Amounts owed, if any, for instalments due and unpaid, plus any interest for late payment based on these amounts. Lessora. Amounts owed, where applicable, for overdue and unpaid instalments, plus any interest for late payment that may be due on the basis of these amounts. b. The total amount of the value of the vehicle. The total amount of the value of the vehicle.
Daily rental of electric bicycles:
- The reservation and payment of the electric bicycle rental service by the day is made: (i) Online from our website, with the Hirer paying for the full service in a single instalment, corresponding to the total duration of the service, by credit card (Redsys secure payment gateway) or PayPal. (ii) Directly at our establishment in cash or by credit card.
- At the time of collection of the vehicle (electric bicycle), the Renter 's credit card details will be taken as security or legal guarantee. At the end and termination of this Contract, the Lessor undertakes to delete said data of the Lessee, unless the Lessee has breached any of the terms and conditions derived from this Contract or incurs any expenses due and not paid at his expense, in which case the Lessor may make the justified charge of said expenses to the method of payment provided by the customer (credit card).
- Without prejudice to the foregoing, in the event of total loss of the rented vehicle, theft, unlawful removal of the same or any case of force majeure, this Contract shall be terminated by operation of law, and the Lessee shall pay the total value of the vehicle (electric bicycle) to Lessorthe total amount of the value of the vehicle (electric bicycle).
Return of the vehicle
- The vehicle (motorbike or bicycle) will be returned at the contracted place and on the contracted date. Any variation must be authorised by the lessor. The vehicle will be returned in the same condition as it was delivered, except for normal wear and tear caused by its use, together with all its documentation and with the accessories and equipment received.
- If the Lessor observes wear and tear on the vehicle that is greater than normal, taking into account the agreed use, he may request the corresponding compensatory compensation. If the lessee does not agree to the aforementioned compensation, the parties shall submit to the expert appraisal carried out by an expert appointed in turn by the corresponding Association, with the lessor and the lessee paying their fees in equal shares.
- If the lessee drives with the contract expired and "without the lessor's authorisation", the insurance policies taken out will automatically be suspended.
- Delay in returning the vehicle will result in the payment of the corresponding fee for each day of delay.
- The lessee acknowledges that he/she has been informed of the mandatory use of helmets for riding electric motorbikes and the recommended use of helmets on electric bicycles, although in the latter case it is not mandatory in the city. The helmet, in the case of electric motorbikes, will be provided by the Lessor, and the Lessee is obliged to return it in the same perfect condition in which he/she collects it; the Lessee being responsible for any loss or theft of the same; in which case he/she must pay the Lessor the sum of €25. The Hirer shall be liable for any damages and for any penalties and fines imposed on him/her as a result of not wearing a helmet.
- The Hirer is responsible for the care and return of the vehicle (motorbike or bicycle) and accessories (locks, helmet, keys, etc.) which will be inspected at the time of delivery and receipt and must be in the same condition as when rented, the Hirer being responsible for any damage caused.
- In the event of theft or loss of the material, the Lessee shall be obliged to pay Emoveyou S.L. the total amount of the material stolen.
- The Lessor undertakes to enable delivery of the rental or lease by providing a delivery address within the normal delivery hours (Monday to Friday from 10:00 to 13:30 and from 16:00 to 18:00). In the event of failure by the customer to comply with this obligation, Emoveyou S.L. shall have no liability for the delay or impossibility of delivery by the customer.
Charges additional charges
- The Lessee agrees to pay, in addition to the charges for leasing the vehicle and taxes, any fines or penalties of any kind imposed on the Lessor for offences committed by the Lessee during the lease period, as well as the amount of the days that the Lessor cannot freely dispose of the vehicle due to seizure, breakdown or damage caused to the vehicle during the lease period attributable to the Lessee.
- The Lessee shall at all times, even after the return of the rented vehicle, attend to any claims made by the Lessor for reasons arising from the performance or non-performance of this contract.
- The insurance taken out by the Lessor with the Insurance Company covers the Lessee for Civil Liability and third party liability (in the case of motorbikes) by means of an insurance policy taken out with the Insurance Company, and for damage to persons to the extent and under the conditions set out in the Compulsory Insurance Regulations.
- Loss, theft and damage caused to goods or objects transported in the rented vehicle owned by the Renter are excluded from the insurance.
- The Hirer is not authorised to order the repair of the vehicle, unless expressly authorised by Emoveyou S.L. It is the obligation of the Hirer to stop the vehicle when a malfunction is detected in the vehicle (motorbike or bike).
- The Lessee undertakes to inform the Lessor immediately of any claim and to immediately forward to the Lessor any letters, summons or notices relating to such claim and to cooperate fully with the Lessor and the Insurance Company in the investigation and defence of any claim or proceedings. Also the amicable statement of the parties involved with the full details of the opposing party, which together with the details of the accident (how it occurred, place, date and time, etc.) shall be sent to the Lessor and the Insurance Company. Lessor. Except in cases of justified force majeure.
- In the event of breakdowns or accidents, the Lessor accepts no liability for any direct or indirect damage caused to the Lessee as a result.
- If any damage or accident is caused by driving under the influence of alcoholic beverages or drugs, the Tenant shall be liable.
- If the cancellation is made with more than 24 hours notice, 100% of the amount paid in the reservation to be cancelled will be refunded. No cancellations are allowed for less than 24 hours notice.
- If the booking is cancelled without notice, no refund will be made by the Lessor.
- Emoveyou S.L. is not responsible for weather conditions.
Data protection LOPD
We inform you that the data included in this document are included in the customer file for which Emoveyou S.L.is responsible.
At any time you may exercise your rights of access, rectification, opposition, limitation and, where appropriate, portability or cancellation, by writing and indicating your personal data to the address email@example.com, indicating as Subject: "RGPD, Rights affected", and attaching a photocopy of your ID card or any analogous means in law, as indicated by law.
Likewise, we inform you that Emoveyou S.L. may consult files containing information on your solvency and creditworthiness (RD 1720/2007 or the regulation that replaces it). Likewise, in the event of any non-payment by the Client and if all the requirements established in Royal Decree 1720/2007 are met, we inform you that the data relating to the non-payment may be communicated to files relating to the non-fulfilment of monetary obligations.
Applicable Law and Jurisdiction
The Lessee, whatever his nationality, declares to have read all the conditions of this contract in accordance with Spanish law and to resolve any doubt or disagreement that may arise from the interpretation and fulfilment of the same, both parties submit to the Spanish Courts of Justice corresponding to the city where the contract was signed.