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General Terms and Conditions

muving » General Terms and Conditions

GENERAL TERMS AND CONDITIONS

 

 

1.-IDENTIFICATION

 

  • Holder: SHARING MUVING, S.L.U. (hereinafter, MUVING”)

  • NIF: B-72327000

  • Social address: Ctra. Fuentebravía 17-1-1 Edif. Hindustan, 11500, The Port of Santa Maria – Cadiz

  • Public Registry: Registered in the Commercial Register of Cadiz, Volume 2228, Sheet CA-51095, Folio 222

  • Contact phonenumber: +34 911 985 555

  • Email: sharing@muving.com

 

2.- OBJECT

 

This document establishes the  procurement procedures  (hereinafter, the “GeneralConditions”) that regulate the terms on which the provision of the services offered by MUVING is based.   In particular, practical and sustainable urban mobility services, consisting in the provision of driverless electric vehicles (mopeds and motorcycles)  (hereinafter, the“Vehicle”or the  “Vehicles”)  for use, on demand and subject to availability thereof, by multiple users individually and individually, who will pay for the time of use thereof, (hereinafter, the ” Services“), through its mobile application or website (hereinafter, all these via collectively referred to as the “Platform”).

The Services will be contracted by customers  who may be natural or legal persons (hereinafter, the“Customer”and/or“Customers”)directly through the Platform.

The fact of following telematically all the steps of the  same,  implies the express acceptance of these General Conditions by the  Client,having the same validity as the express signature of acontract. 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.

For any question about the Service offered by MUVING you have at your disposal on our online platform the section “Frequently Asked Questions” and the chat in which you can be personally attended by our operators and in the form   of our website help.muving.com.

3.-  DEFINITIONS

  • “Application” means the application for mobile electronic devices that allows access to the Platform,through which youcan register as a Customer, manage the reservation, start and end of use of the Vehicles.

  • “Customer” or “Customers” means natural persons who, in accordance with the requirements established in the General Conditions and in the current legislation for the use and driving of the Vdevices, have duly registered as such and have accepted the General Conditions the Conditions of Use and the Privacy Policy.

  • “General Conditions” means the general terms and conditions of contract applicable to the Service offered by MUVING in Spain.

  • “Terms of Use” means the legal notice and terms and conditions of  the MUVING Platform.

  • “Local Special Conditions” are part of these General Conditions and are the terms and conditions that apply specifically in each locality,if any,   in  which MUVING offers the Service in Spain.

  • “Local Operator” means the operator designated by MUVING for the provision and billing of the Service in a particular locality or geographical area. The Local Operator may be a subsidiary or owned by MUVING or a third party with whom MUVING has a commercial relationship for this purpose. Each Local Operator will be duly identified on the Platform and in the applicable Local Special Conditions in the location where each Local Operator provides the Service. The Customer will be informed of any changes in the identity of the Local Operator.

  • “Driver’s Permit” means the valid and valid title that allows Vehicles to drive. Valid driving licences in Spain are the following: (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 recognized 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 country for which it was required for the purpose of allowing driving in Spain according to Spanish regulations.

  • Platform: is the system through which MUVING provides its Services, refers to both the Application and the Website.

  • “Privacy Policy” means the legal document governing, in accordance with the law applicable to the processing of Customer’s  personal data carried out by

  • “Service” means the  motosharing service provided by MUVING directly or through the Local Operators, consisting in the provision of Driverless Vehicles for use, on demand and subject to availability  thereof,by multiple users individually and individually, in accordance with the General Conditions.

  • “Website” means the website www.muving.com, which allows access to MUVING’s online platform, through which you can register as a Customer and manage the reservation and the start and end of the use of the Vehicles.

  • “Terms and Conditions of Service” means the General Conditions, Privacy Policy and Terms of Use.

  • “Vehicle” or “Vehicles” means mopeds (category L1) and electric motorcycles (category L3) whose provision is made available without a driver, is the object of the MUVING Service.

  • “Termination Zone” means the area of a locality identified on the Platform within which the Customer is permitted to terminate the use of the Vehicle.

4.- Previous information

4.1. These General Conditions are available to all users of the Platform free of charge.

4.2. All Services marketed through the Platform are described in the Platform and made available to the Customer, not being understood in the Services those issues that have not been expressly indicated in the information available on the Platform.

4.3. Without prejudice to the mere navigation of the Platform may imply the acceptance of certain legal texts available on the Platform, these General Conditions between MUVING and the Customer will be understood accepted from the moment the Customer completes  the procedure of registration and acceptance of the legal conditions of the service,being understood that thefollow-up of all phases of the electronic contracting procedure and the inclusion of all data requested, together with the realization, if any, of the payment satisfactorily, a direct manifestation of the Client’s willingness to accept these General Conditions.

The Terms and Conditions of Service constitute the entire agreement between MUVING and the Customer with respect to their registration as such and their use of the Service and Vehicles. The Terms and Conditions of Service are also a very personal contract, so the Customer who owns the Service must be, at all times, the exclusive user of the Service and the sole driver of the Vehicles used by him.

4.4. The provision and billing of the Service in each locality or geographical area may be carried out by MUVING either directly or through a Local Operator. Acceptance  of the General Conditions implies that the Customer unequivocally consents that MUVING may assign, in whole or in part, to a Local Operator his contractual position under the Terms and Conditions of Service in order to provide and invoice Customer Service in a particular locality or geographical area, through the assignment, subrogation, subcontracting, license, resale or any other figure admitted to law.

4.5. MUVING shall introduce adequate and sufficient technical means to identify and correct technical errors in the management of information as soon as it is responsible.

4.6. The language in which the procurement procedure will be processed and in which this contract is concluded shall, unless otherwise indicated, be Spanish.

5.-  REGISTRATION AND ACTIVATION OF THE SERVICE

 

5.1 In order to use the Vehicles, the  user  must pre-register for the Service and complete his/her registration as a Customer through the MUVING online platform available on the Platform. Natural persons aged  eighteen yearsor more (  18) years and who hold a driving licence, in force and valid in Spain, may be registered.

5.2 To register as a Customer the user must enter all the required information in the electronic registration form available on the Platform,which must be correct, truthful and complete,  expressly accept the Terms and Conditions of Service, and pay the registration price provided in paragraph  16  of these General Conditions.

5.3 Registration and acceptance of the Terms and Conditions of Service imply the Customer’s declaration that it complies with all the personal circumstances described above, although the Customer must prove them by submitting a copy of the Driving Permit in force and valid in Spain.

5.4 MUVING reserves the right to verify the information provided by the Customer and that the MUVING bank has not rejected the credit or debit card registered by the Customer. As a security measure, to verify the validity of the credit card provided, and verify that it is not the subject of a report of theft or loss, MUVING  will carry out a temporary verification charge worth 1o, once the veracity of the card has been verified the hold is paid immediately, not assuming actual cost for the  Climente. Likewise, MUVING reserves the right to refuse registration if the credit or debit card entity has refused such charge or if it had good doubts as to the veracity of  the same or that it does not meet the requirements of the Terms and Conditions of the Services. In addition, MUVING may cancel the registration of any Customer who violates the Terms and Conditions of Service, or if he or she has the proper suspicion of such breach or fraud or spoofing of identity, or if he maintains any outstanding debt or conflict with MUVING.

5.5 Registration will be deemed complete when the Customer receives confirmation from MUVING (by email  or  SMS). Upon completion of registration, Customer may use the Vehicles that are available and will receive the Terms and Conditions of Service accepted on electronic media.

5.6 In the event that, upon completion of the registration and activation process of the Service, the Driving Permit has expired or been cancelled, suspended, withdrawn, lost or stolen, or in any way has ceased to be the owner or having the Driver’s License, the Customer may not use the Service for theduration of anysuch circumstances and shall notify MUVING of any such circumstances, who may disable the Service and may terminate the Service Customer’s registration thereafter. Otherwise,  the Customer shall be solely responsible for any damages that may be caused to MUVING and any third party. Once any of these circumstances have been  remedied by the Customer, the Customer may resubmit the Driving Permit to MUVING and re-complete the registration and activation process of the Service.

5.7 During the registration process, access data to your personal account (username and password) will be generated for the Customer, through which he/she can access the Service online and the information contained therein, which may be modified at any time, except for the email address and the driver’s license photo. Each Customer may only have one account, unless expressly consented by MUVING.

Under no circumstances is the transfer of the Customer’s account between different persons allowed, MUVING being entitled to eliminate it as soon as such a circumstance is detected, without prejudice to the reservation of legal actions that maycorrespond, as well as to penalize the owner of the account in the case of transfer of the same.

5.8 In order to  update any of the personal data provided to MUVING,the Customer must follow the procedure to exercise his rights recognized in the data protection regulations,inaccordance with the provisions of the Privacy Policy. However, you agree that the  deletion of the information relating to your Driving Permit (and not the mere update) will result in automatic removal into the Service.

5.9 Access data to the Platform  (username and password) will be strictly confidential, personal and non-transferable. It is expressly forbidden for the Customer to assign or communicate such data to third parties. Otherwise,  the Customer shall be solely responsible for any damages that may be caused by the loss or transfer of such information to the Vehicles and third parties. In the event that Customer suffers any loss or theft of his electronic or mobile device on which the Service operates, or suspects the use of his/her Customer account by a third party, he/she must immediately notify the     customer’s service      through    the support platform, help.muving.com and/or by calling the support telephone number +34 911 985 555 for its proper blocking.

5.10 They will be considered as infringement and serious breach, and will cause  the use of physical documents or in any case not corresponding to the Customer at the time of registration to the Service.

5.11 Unless expressly authorized by MUVING,  The  Cliente may not have more than one personal account in the service.

6.-  BOOKING/USING THE SERVICE/VEHICLES

 

6.1 Prior to the use of a Vehicle, the Customer may locate and reserve it through the  Platform. The Reserved Vehicle shall remain blocked for a maximum period of ten (10) minutes, during which the Customer must reach the vehicle and start the Vehicle to start the desired journey. The 10-minute booking time will be free of charge.

6 .2 The reservation will expire if youhave 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,  MUVING may apply to the Customer the administrative  penalties provided for in  paragraph  17.2, with an amount of  VEINTICINCO EUROS  (25  euros),according to these General Conditions, concerning the classification of  penalties.

In the use and driving of the Vehicles, the Customer shall:

1. Conocer and comply with state and local legal provisions on traffic, motor vehicle Vvehicles and road safety in force on the place and at the time of use of the Service and to comply with the obligations arising from its non-compliance;

2. Tobe careful and comply with the Terms and Conditions of Service;

3. To comply carefully and comply with the instructions foruse of the Vehicles, available on the Platform in  https://muving.com/como-funciona   and in the Vehicle documentation.

4. Oruse the Vehicles exclusively for their particular displacement and terminate such use within the Termination Zone;

5. Orcarefully and diligently tick 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 it detects any defect or anomaly must communicate it to MUVING through the Platform);

6. Atthe outset of its reservation and use, check 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 (MUVING may penalize the Customer in case the Vehicleis running outof battery);

7. Dto keep the Vehículo and communicate these circumstances as soon as possible to the  service     of  the MUVING device through  muving.com  or on our phone +34 911 985 555 if during the use of the Vehicle any of the witnesses detecting a malfunction of the same is illuminated in the instrument box that detects an anomaly of operation of the same or if it was perceived external signs indicating malfunction or malfunction.

8. The Cliente must know the traffic regulations of the city in which you use the service, to be consistent with your use of the Vehicle when parking. MUVING reserves the right to sanction and charge the fees per crane, administration, expenses and derivatives of the user’s poor parking, collected  in paragraph 17.2 Classification of penalties, and to charge an amount of  VEINTICINCO EUROS  (25 o) in labor, in the event of not correctly complying with the Mobility Ordinance Regulations in  the correspondingcity.

6.4. In the use and driving of Vehicles, it is expressly prohibited to:

1. Cinducing the Vehicle  without being  MUVINGCliente;

2. Directmultiple (more than two) bookings of one or more vehicles without starting the rental.

3. Totile,reproduce, clone or in any case make improper or fraudulent use of the

4. To make an effect ofthe use and driving of the Vehicle by persons other than the Customer;

5. Cto induce the Vehicle in unauthorized tracks, areas or enclosures or on roads not accessible to public traffic, unpaved or whose condition may pose a risk of damage to the Vehicle;

6. Toinduce under the effects of alcohol, narcotics, narcotics, fatigue or disease;

7. Tocarry persons or goods for commercial purposes or by consideration;

8. To carrygoods or toxic, flammable and, in general, dangerous and/or in violate the legal provisions in force;

9. Toarticulate with the Vehicle in races, contests or challenges of any nature or to use the Vehicle for the conduct of driving practices;

10. Toealize any type of intervention, modification, handling, repair or replacement of any part or accessory of the Vehicle;

11. Uto label the Vehicle to commit criminal acts, to dirty, to commit a vandalism or to leave the Vinpoor condition;

12. Touperate the authorized weight, quantity or volume on the vehicle’s driver’s license or data sheet;

13. Carry Vehicles on board any means of land, sea or air transport;

14. Facilite or commit willfully or negligently by the Customer’s theft, theft and/or acts of vandalism in relation to the V

15. Nor notify the suspension, revocation, withdrawal, etc., of your Permiso de

16. Estation the Vehicle outside the Termination Zone;

17. To station the Vehicle in places where itis not permitted in accordance with the applicable regulations in the locality in which they are used;

18. Tostation the Vehicle off the street or in private enclosures or in restricted locations for other MUVING Customers;

19. Tcarrying more than one (1) companion or an  escort who does not meet the requirements on companions established in the legal provisions on site and at the time of use of the Service, including carriage of minors   not permitted by law, carriage of two passengers who together exceed the maximum recommended weight of one hundred thirty (130)   kg  and the use of a helmet; and

20. Ceder, subbarre, rent, mortgage, pledge, sell or in any way give as collateral or dispose of the Vehicles or the documentation, equipment, tools, accessories, parts or parts

7.-  LOYALTY PROGRAM

 

7.1. Customers who use the Services and make a minimum distance on each trip will receive points (hereinafter“Muvios”)  within the loyalty program (hereinafter referred to as the “Program”). In order to receive Muvios,  the Customer must meet the following requirements:

  • Be registered and verified in MUVING.

  • Being a natural person.

  • Being of legal age, that is, being over eighteen (18) years old.

  • Having the MUVING app installed

  • Have no outstanding payments or block age on the Service.

7.2. Each Customer who meets the requirements and conditions set out above will earn  Muvios  based on the CO2 saved due to the use of the service offered by MUVING. The CO2 saved per kilometer is an average value that is based on a calculation made by MUVING based on the use of the service. This value may be modified by MUVING without prior notice if deemed necessary and always based on changes in service behavior or new information obtained that allows a better calculation of said conversion value.

7.3.  Muvios  shall be calculated on the basis of each trip independently and according to the following formula:

Muvios – grams CO2 saved / 100, according to rounding to the nearest whole number.

Example 1: After completing the trip, the Platform shows that 465 gr of CO2 has been saved. The Customer will receive 5 Muvios.

Example 2: After completing the trip, the Platform  shows that 345 grams of CO2 have been saved. The  Customer will receive 3  Muvios.

7.4   The  Muvios  obtained shall be available at least before the 10th of the month following the time of the trip. MUVING reserves the right to defer or extend the  Muviosallocationperiod.

7.5.   Muviosmay be redeemed for free minutes for use of the service or for other offers that  MUVING may post according to the conversion and redemption table available for the  Cyente from their profile, accessing with their username and password in www.muving.com/customer.html or from the App. It will never be possible to redeem Muvios  for money, or ask for compensation of any kind outside of the offer provided by MUVING.

7.6   The conversion and redemption table may vary without prior notice according to the available offers that  MUVING  wants to promote at any time and/or according to the conditions agreed with collaborating companies.

  1. In the event of Customer not using the Service in three (3) months, you will lose the Terms  accumulated to date. Minutes and offers redeemed by  Muvios  will have an expiration date associated with the conditions agreed with collaborating companies.

7.8. In the event that any anomaly or irregularity in the participation of the Program is detected or a  Customer fails to comply with any of the requirements and conditions of participation set out in thissection of the GeneralConditions,  MUVING may exclude the  related  Customer who  will lose his right to obtain  Muvios.

7.9  MUVING will communicate to the Customer at the beginning of each month the accumulated Muvios  that are available to redeem and the total CO2 saved in an email that is sent automatically, notifying the possibility of downloading the invoice from the user profile.

7.10. Whenever there is a justifiable and duly reasoned cause MUVING reserves the right to cancel the development of the Program. In such a case, MUVING does not undertake to assign the  Muvios. In particular, MUVING will not be obliged to deliver the  Muvios  established in the event of cancellation, in whole or in part, of the Program.

7.11. MUVING reserves the right to make changes that result in the good end of the Program when there is a just cause or grounds of force majeure that prevent it from being completed in the manner in which these General Conditions are contained.

8.- ECONOMIC CONDITIONS

 

8.1 The Customer agrees to pay:

1. The price for use of the Vehicle shall be determined by the duration oftheVehicle, as measured in the minutes or fractions of a minute between the time the Customer initiates the use of the Vehicle (click “Start”) and the time it ends (click “Finish”) on the This price will be calculated by applying  localrates (in euros per minute) provided to the Customer in the Local Special Conditions corresponding to the location in which the Vehicle is used. Such local rates will be available and updated for consultation in the document of General Conditions of Contract,     on the   Web under clause 18;

2. Minute bonuses (minute packages) will be expired for six (6) months. In this period the User may claim the amount of the unused minutes or their entirety in the case of never having used the   After the six (6) month period has elapsed,  MUVING will not refund the partial or total amount of the bonds. The prices of these same  prices above willbe subject, where appropriate, to the special bonuses or prices of the commercial promotions carried out by MUVING at each time, whose duration, content and scope of will be those established by MUVING in each case,always with an expiration of six(6) months on all bonuses from the date of purchase of the same;

3. The promotional minutes that MUVING provides free of chargeto its customers, are valid for (3) months. If you do not use the service bycliente in three (3) months, you will lose all  the  minutes  accumulated up to the date of any promotion.

4. Theamounts stipulated in the section relating  to  the Local Special Conditions in the case of damage to the Vehicles, their equipment, their tools, their accessories or their documentation, or in the case of subtraction thereof,  are found insection 17.1 of these General Conditions.

5. Theamounts corresponding to the expenses, costs, fees, penalties, charges and fines for any violation of the legal provisions in force and applicable, particularly in relation to traffic, traffic and road safety, occurred during the time the Customer 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 consequence of the above;

6. Theamounts corresponding to payment obligations of any kind arising from the breach of the Terms and Conditions of Service and the legal provisions applicable to the use and driving of the Vehicles.

8.2 The above amounts shall be added, where applicable, by the Value Added Tax or the applicable tax, informing the Customer of the total amount due ly, before proceeding with the payment.

8.3 MUVING  will send the Customer the invoices in electronic format to the e-mail address used for registration. The Customer may request the  MUVINGmember  to the Memberof  MUVING  via help.muving.com or on our phone +34 911 985 555 to send the invoice on paper.

8.4 The resulting amounts will be  charged to the credit or debit card that the Customer  communicates during the registration process. By communicating your credit or debit card details, the Customer authorizes  MUVING to charge to it the credits that are in  your favor for the registration price, the price of use and for any other concept.

8.5 The price charge for the use of the Vehicles shall be charged to the Customer as soon as the Customer has completed his journey.

8.6 The Customer shall ensure that he/she has sufficient balance on his/her credit or debit card. In the event that the card entity registered by the Customer refuses payment, the Customer’s account will be temporarily suspended for the duration of the non-payment and the Customer will be notified for the adjustment of the outstanding amounts and the reactivation of his/her account. If the non-payment lasts more than ten (10) days, the amount owed by the Customer shall be increased with a surcharge consisting of 0.1% of the amount due for each day of default plus the corresponding legal interest that may accrue, as a constituency. In any case, the non-payment of any amount owed  by the Customer will empower MUVING to terminate the contract with the Customer, to bring the legal actions it deems relevant, including the indemnity of the damages that would have caused the Client’s breach.

8.7 Serious infringements and non-compliances shall be considered and may be a cause of  discharge,the following conduct:

  • Non-payment of a service.

  • Failure to pay the possible penalties applied by MUVING, arising from misuse or damage to the Vehículo.

9. – INSURANCE, THEeur AND DAMAGES IN THE VEHICLE

 

9.1 Insurance covers damage to third parties.

9.2 The Customer is responsible for all damages and damages caused by the use of the  Vevocion  during his journey. In addition, you will also be liable for all damages if you do not properly complete the part of the accident or, where appropriate, the corresponding report of accident or theft, where the data of the  Vdevices anddrivers involved and the conditions and circumstances in which they occur must be clearly stated.

9.3 They are excluded from insurance coverage, therefore the Customer’s full liability:  (i) damage to persons and things caused by the Latter through wilful or negligence; ((ii)damage to persons and things caused by a driver other than the Customer; (iii)loss or damage to the accessories of the Vehicle(such as helmet, trunk, rearview mirrors, etc.); ((iv)the theft or theft of personal items left inside the  person’s V; (v) punctures or bursts of tyres caused by the  Customer’s use of the V ehículo;   (v) as well as damages of own or third parties, which occur as a result of the driving of the Vehicle in a manner contrary to the rules of traffic, traffic of  vmotor vehicles and road safety.

9.4In general, they will not be covered by the contracted insurance, being therefore fully responsible of the Customer, any damage caused by a negligent or intentional act by the Customer, such as the poor care of the Vehicle, its improper or illicit use, distraction or drowsiness during driving, cause damage to the  Vintentionally, conceal damage caused to the  Vículo in a willly manner; descriptive enumeration that does not constitute a closed list or numerus clausus of assumptions.

9.5 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 MUVING will bill him for the amount corresponding to the damage caused to the Customer.

9.6 If MUVING receives a claim for damages as a result of an accident, without having received notification and delivery of  the documentation of the  affected Customer who was in charge of the  Vehicle,24 hours  after the time of the accident, MUVING reserves the right to claim the costs corresponding to such claim, as well as to suspend the Service, based on the provisions of the Vehicle (a) General Conditions,in addition to a penalty, inaccordance with  clause  18 concerning the  applicableLocal Special Conditions.

9.7 In any of these cases and in case of non-compliance or irregular compliance by the Customer with the obligations indicated in the Terms and Conditions of Service, and in particular in the case of lack of diligence or guilt, negligence and bad practice, the Customer will be exclusively and personally responsible for any damages and / or damages may be suffered by the  Vehículo, the occupants thereof   or any third party.

9.8 The Customer is responsible for damage caused to the  Vehículo during its use and for informing MUVING  about it,using the channels provided for this purpose (phone,  web-side help https://help.muving.com or email   help@muving.com   (Chatincorporated in the  Platform or email).

9.9 In such cases,  MUVING shall  invoice the Customer for the corresponding repair costs or other costs arising from the damage incurred.

9.10 In the event of theft, loss, loss or abandonment of the  Vperson duringthe Service, the Customer shall be obliged to pay MUVING the amount set out in  clause  18 of these Local Special Conditions.

10- ADMINISTRATIVE CLAIMS AND INFRACTIONS

 

10.1 In case of theft, fire or acts of vandalism  detailed in the General      Conditions  on Vehicles, their equipment, their tools, their accessories or their documentation, the Customer must immediately inform   the Shelp.muving.com.

10.2 In the event ofan accident with or withoutcontrary,  the Customer shall complete a part of the accident or a part of a standard amicable declaration of accident in a complete manner and with as much detail as possible, both in respect of the damage and the circumstances in which they occurred. The Client will sign and collect the signature of the other, if any. If the contrary refuses to sign, the  Customer must request the police presence for the clarification of the facts and the realization of the crowd, otherwise the Customer will be considered responsible for the accident.

10.3 In case of theft, fire, vandalism, accident or damage to Vehicles for any other cause, the Customer shall immediately inform the  service of the condition  of MUVING and deliver to it as soon as possible the friendly part, the police crowd or the complaint, and in any case within a period not exceeding twenty-four (24) hours. The  NO  notification and  non-delivery of such documents, will empower MUVING to make an additional charge of CIEN EUROS (100 euros) to the Customer, for management fees, regardless of the value of the damages presented by the Vehicle.

10.4 The Customer shall act diligently to avoid as far as possible damage to Vehicles and to take measures that are useful and appropriate for the clarification of the claim. This includes in particular the duty to respond truthfully and completely to MUVING’s questions concerning the circumstances of the accident and the duty not to leave the accident site   until the necessary checks have been carried out so that MUVING can assess the claim.

10.5 MUVING, in compliance with its legal obligations and as legally required, reserves the right to identify to the competent public administration the Customer who has committed an administrative violation or a crime while driving or parking the Vehicles.

10.6 Failure topay penalties and/or penalties will result in the suspension and/or termination of this Agreement between the Customer and MUVING, and MUVING may also claim such amounts, take the measures it deems appropriate to compensate for the damages caused, as well as to bring the claims it deems relevant in the corresponding jurisdiction.

10.7 The  Customer is responsible for verifying that there are no temporary prohibitions (for parties, works,etc.) in the parking area. If so, the rental may not be terminated if the temporary ban begins  within    twenty-four(24) hours following the end of the  Servicio.

10.8 If the  Vehículo is removed by the municipal crane during the Servicio or after it has been completed in a prohibited parking area, all costs and administrative penalties arising will be billed to the  Customer  responsible for the infringement.

11- MODIFICATION OF THE TERMS AND CONDITIONS OF THE SERVICE

 

11.1 MUVING may modify the Terms and Conditions of Service to adapt them to technological innovations and new business needs, as well as to comply with applicable legislation. Any modification of the Terms and Conditions of Service will be posted on the Platform,indicating the date of the update, and will be notified to the Customer by email to the address provided by the same.

11. 2 The modifications shall be deemed accepted by the Customer, after the express notification made by MUVING, unless the current regulations require 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 in accordance with the following clause.

12.- DURATION, LOW, SUSPENSION AND TERMINATION

12.1  Duration

12.1.1 Once registered, the Customer will be bound to his account and the Terms and Conditions of Service indefinitely, without prejudice to whether both MUVING and the Customer may terminate the contractual relationship at any time as set forth in this clause.

12.2  Service Discharge

12.2.1 The Customer may unsubscribe from the Service at any time by sending an email with his request to    baja@muving.com, provided that the customer does not have an outstanding one or more unpaid invoices. Once you have made sure that you are paying with MUVING, your account will bedeleted.  However, more than fourteen (14) days after the Customer’s registration and acceptance of the Terms and Conditions of Service, the Customer’s right of withdrawal shall not be eligible for the refund of the registration fee referred to in clause 5.1(a).

12.2. 2  The Customer’s right of withdrawal and withdrawal shall not be refunded for the amounts paid for the Services that have actually been    provided, regardless of the time the Customer is requested to cancel (either before fourteen (14) days after acceptance of the Terms and Conditions or thereafter).

12.2. 3  Upon completion of the service download process, Customer’s account will be deactivated and Customer will not have access to the Service.

12.3  Suspension and Termination of Service

12.3.1 MUVING, for commercial reasons or for reasons beyond MUVING’s control, may terminate the Terms and Conditions of Service and/or cease to provide the Service in any location, duly notifying the Customer with a notice period of seventy-two (72) hours.

12.3.2 In addition, in the event of breach of the Terms and Conditions of Service by the Customer, MUVING may: (i) suspend the Service, in which case, it shall grant a period of seven (7) days to the Customer to remedy such breach or to make any claims it deems appropriate; or(ii)to terminate the Terms and Conditions of Service, duly notifying the Customer.

 

13 – LIMITATION OF LIABILITY

 

13.1. MUVING shall not be liable for damages of any kind that the Customer or a third party may suffer in any way for the Service, not directly attributable to cases of wilful misconduct or gross negligence on the part of MUVING.

13.2. Changes that may need to be made to schedules, service areas and parking or any internal process of the Service will not be considered a breach of its obligations by MUVING. Nor shall MUVING be considered to be non-compliance with any impact on the computer systems, or the Platform,or any cause attributable to MUVING’s suppliers, assignees, licensors or subcontractors, to third parties in general.

13.3 MUVING shall also not be liable for any or all breach of the obligations caused by a fortuitous case or force majeure, including, acts of public administrations, administrative or legal restrictions on circulation, disturbances, demonstrations or interruption of communications.

14. – DATA COLLECTION THROUGH THE DEVICES

14.1. MUVING will use electronic devices to monitor the status, operation and movements of the  Vdevices. The  information  obtained through  them may be used during and after the completion of each use of the Service, for the purpose  of performing, controlling and complying with  the  Service, carrying out an analysis of the performance of the Vehicle,as well as to improve the provision of the Service by MUVING to its Customers.

14.2. The collection and use of such information will be treated in accordance with the provisions of MUVING’s Privacy Policy.

15 – CONTACT

15.1. For the purposes of any type of notification, MUVING designates the following addresses and forms of communication:

SHARING MUVING, S.L.U.

Fuentebravia Highway 17-1o-1,  Hindustan Building

11500,  El Puerto de Santa María  -Cádiz.

Phone:  +34  911 985 555

Email: sharing@muving.com

15.2. In addition, the Customer may contact MUVING through the channels forthispurpose through  the Platform.

16 – APPLICABLE LAW AND JURISDICTION

 

16.1. The Service will be governed by the Terms and Conditions of Service and, in the alternative, by the current common Spanish legislation.

16.2. Any dispute arising in connection with theseGeneralConditions shall be resolved in the courts and tribunals that correspond in accordance with the applicable regulations. Where the Customer has the status of merchant or lacks  tax domicile in Spain, any dispute arising in relationto theseConditionsshall be resolved inthe  Juzgados and  Tribunales of Madrid capital, waiving any other jurisdiction that may correspond to the Parties.

17.- CITIES IN WHICH MUVING OPERATES

Cadiz

Malaga

Madrid

Seville

The Port of Santa Maria

Zaragoza

Valencia

Cordoba

18. OFFICIAL LIST DAMAGES AND PENALIZATIONS

18.1 Official breakdown  of damage both models

Modelo Muvi Torrot

Elements

Prices ?

FARO DELANTERO / FRONT HEADLIGHT

$80.00

REAR HEADLIGHT / REAR LIGHT

$50.00

FARO ARO / HEADLIGHT TRIM BEZEL

$20.00

RIGHT RESTERS / RIGHT FOOTREST

$50.00

LEFT FOOTRESTS / LEFT FOOTREST

$50.00

CENTRAL CAP REPOSAPIES / CENTRAL FOOTRESTS COVER

$50.00

FRONT GUARDS / FRONT MUDGUARD

$30.00

REAR GUARDS / REAR MUDGUARD

$30.00

PALANCA FRENO DERECHA / RIGHT BRAKE LEVER

$20.00

PALANCA FRENO IZQUIERDA / LEFT BRAKE LEVER

$20.00

JGO. RETROVISORS / MIRROR’S KIT

$20.00

CABALLETE CENTRAL / CENTRAL STAND

$100.00

ROTA OR DEFUNCT OR MISSING

$30.00

DISPLAY MUVI (SCREEN)

$300.00

MUVI DISPLAY VIEWFINDER WITH LAMINA

$30.00

BATERIA / BATTERY

$2,000

YELLOW BAUL / YELLOW COOCASE

$200.00

COOCASE INTERNAL FORUM / INTERNAL LINING COOCASE

$25.00

TAPA COOCASE AMARILLA / YELLOW COOCASE COVER

$25.00

BASCULANT PAINTED / PAINTED SWINGARM

$200.00

FRONT DISC / FRONT BRAKE DISK

$50.00

REAR DISC / REAR BRAKE DISK

$50.00

FRENCH PIN TG/ FRONT CALIPER CBS

$100.00

REAR BRAKE / CALIPER REAR

$100.00

VÁLVULA HIDRÁULICA CBS / HYDRAULIC CBS VALVE

$80.00

SPEAKER/ HORN

$15.00

BOMBILLA FARO / HEADLIGHT BULB

$20.00

CABALLETE / STAND SWICH SWITCH

$25.00

INTERMITTING GAME / INDICATOR LIGHTS KIT

$30.00

CONTROL GAME MANDO / HANDLEBAR CONTROLLERS KIT

$50.00

LICENSE LIGHT + Reflector / PLATE LIGHT + REFLECTOR

$30.00

HORQUILLA / COMPLETE FORK

$120.00

MANILLAR / HANDLEBAR

$80.00

FULL SEAT / SADDLE

$150.00

LATERAL CATADRIOPTIC / SIDE CATADIOPTRIC

$5.00

BACK / LEGS SHIELD

$80.00

YELLOW FRONT SHIELD / BLACK FRONT YELLOW

$80.00

GAN PORTABOLSAS / HOOK FOR BAGS

$5.00

PORTABOTTLE GLOVE / BOTTLE CARRIER GLOVE BOX

$25.00

PORTA MATERIALS / PLATE SUPPORT

$30.00

SUPPORT REFLECTORES-MATRICULAL/ REFLECTORS’ SUPPORT L1e

$10.00

TAPA CENTRAL AMARILLA / YELLOW CENTRAL COVER

$30.00

TAPA INFERIOR AMARILLA / YELLOW LOWER COVER

$80.00

TAPA TRASERA / REAR COVER

$30.00

FRONT FLOOR / FRONT RIM

$5.00

REAR FLOOR / REAR RIM

$80.00

FRONT NEUMATIC

$80.00

REAR NEUMATIC

$80.00

BREAK OR DAMAGE OF THE CASCOS SAFETY

50.00

LOSS OF MOTORCYCLE DOCUMENTS

50.00

BREAKING OR LOST THE CASE

30.00

*Prices subject to M.O.

$45.00/h

*The amounts related to the table above will be added to the labor, valued at FOUR AND FIVE EUROS (45euros) the hour.

Core Going  Green model

Elements

Prices ?

CORE YELLOW RETROVISORE GAME (DER+IZQ)

$20.00

CORE RETROVISOR YELLOW RIGHT

$10.00

CORE REARVISOR LEFT YELLOW

$10.00

CORE FARO FRONT

$80.00

CORE HEADLIGHT PILOT REAR

$15.00

CORE FARO INTERMION

$10.00

RED REAR CATADRIOPTIC CORE

$5.00

CORE BOMBILLA H3 12V 55W

$20.00

CORE BOMBILA POSITION W2 12V 5W

$20.00

CORE CLAXON

$10.00

CORE MANDO ACCELERATOR

$70.00

CORE SWITCH ON/OFF

$15.00

CORE LIGHT COMMAND

$15.00

CORE PUSH GAME (IZQ+DER)

$30.00

CORE SILLIN

$150.00

CORE Front Brake Disc

$50.00

CORE Front brake team

$70.00

CORE Rear brake equipment

$70.00

CORE Rear Brake Disc

$50.00

CORE Rear Hose

$50.00

CORE Brake pump, retrovhousing. left

$50.00

CORE Brake lever

$20.00

CORE Front Brake Pads

$25.00

COREPastillas Rear Brake

$25.00

CORE Brake pump, retrovhousing. dcho

$45.00

CORE Brake lever switch

$5.00

CORE Front brake caliper

$50.00

CORE Rear brake caliper

$50.00

TIRE CORE

$80.00

CORE Rear rim

$200.00

CORE Front rim

$100.00

CORE Pneumatic valve

$5.00

CORE Rear Fender

$30.00

CORE Front Fender

$30.00

CORE Front suspension fork

$150.00

CORE Bearing steering game

$25.00

CORE Retro-Reflector Side Amber

$5.00

CORE Rear shock absorber

$100.00

CORE Chassis Painted White

$500.00

CORE White Painted Swing

$200.00

CORE Swing axis

$5.00

CORE Painted Handlebar

$100.00

CORE Cage Holder-PintHelmet.

$50.00

CORE REAR Flange Handlebar

$20.00

CORE Front flange handlebar

$20.00

CORE Center cover dlt. Pint.

$30.00

CORE Center cover after. Pint.

$30.00

CORE Cover dlt. Traingular  pint.

$30.00

CORE ISD support

$15.00

CORE Horsehorse Pint.

$80.00

CORE Full footpeg

$25.00

*Prices subject to M.O.

45o/h

* The amounts relatedtothe table above will be added tothe labor, valued at FOUR AND FIVE EUROS  (45o) the hour.

18.2 Penalty rating                                        

Administrative expenses

Fine management

$25.00

Non-payment of invoices

$30.00

*Municipal crane travel and motorcycle recovery in tank

$60.00

Do not report accident 24 hours after it has occurred

$100.00

*The withdrawal penalty shall be the amount of the rate issued by the local authority responsible for the withdrawal of vehicle from the public road.

Misuse expenses

Book the service repeatedly without getting to start a trip

$25.00

Use the service with someone else’s account

$50.00

Driving under the influence of alcohol

$50.00

Leaving the Vehicle without terminating the service

$50.00

Park the Vehicle in private parking,  reserved or restricted access area or off public roads

$50.00

Operating expenses

Displacement of operators to remove poorly parked motorbike

$25.00

Displacement of operators to remove motorbikes out of the permitted area

$50.00

Displacement of operators to remove the bike due to lack of battery

$25.00

 

19. Local Special Conditions

 

City

LOCAL OPERATOR

PRICE PER MINUTE OF USE (in Euro/VAT cents included)

Cadiz

Sharing Muving, S.L.U.

Address: Ctra. Fuentebravia  17-1-1 Edif. Hindustan, 11500, The Port of Santa Maria – Cadiz

N.I.F. no:B72327000.

27

Malaga

Sharing Muving, S.L.U.

Address: Ctra. Fuentebravia  17-1-1 Edif. Hindustan, 11500, The Port of Santa Maria – Cadiz

N.I.F. no:B72327000.

27

Madrid

Sharing Muving, S.L.U.

Address: Ctra. Fuentebravia  17-1-1 Edif. Hindustan, 11500, El Puerto de Santa María – Cadiz   de Santa Maria, 11550 Cadiz.

N.I.F. no:B72327000.

27

Seville

Sharing Muving, S.L.U.

Address: Ctra. Fuentebravia  17-1-1 Edif. Hindustan, 11500, El Puerto de Santa María – Cádiz  Calle Los Moros,  no.32, Puerto de Santa María, 11550 Cadiz.

N.I.F. no:B72327000.

27

The Port of Santa Maria

Sharing Muving, S.L.U.

Address: Ctra. Fuentebravia  17-1-1 Edif. Hindustan, 11500, The Port of Santa Maria – Cadiz

N.I.F. no:B72327000.

27

Zaragoza

Sharing Muving, S.L.U.

Address: Ctra. Fuentebravia  17-1-1 Edif. Hindustan, 11500, The Port of Santa Maria – Cadiz

N.I.F. no:B72327000.

27

Valencia

Sharing Muving, S.L.U.

Address: Ctra. Fuentebravia  17-1-1 Edif. Hindustan, 11500, El Puerto de Santa María – Cádiz   Cádiz.

N.I.F. no:B72327000.

27

Cordoba

Sharing Muving, S.L.U.

Address: Ctra. Fuentebravia  17-1-1 Edif. Hindustan, 11500, El Puerto de Santa María – Cádiz   Puerto de Santa María, 11550 Cadiz.

N.I.F. no:B72327000.

27

 Last   updated:  Jan 1  of 2020.