Terms and conditions

GENERAL TERMS & CONDITIONS OF THE MOTOSHARING SERVICE

ACCIONA MOBILITY offers its Users a Motorbike time-sharing and booking service (Motosharing) within the Service Area, subject to motorbike availability and the User entering into a Motorbike Rental agreement, all in accordance with what is set forth in these Terms and Conditions and its annexes, as well as services associated with this Rental designed to enhance the User’s mobility experience (the “Service).

The use of the Application and/or the Service is subject to these terms and conditions.

1. Definitions

Five incorrect attempts at entering the password will result in the user’s account being blocked.

 

 

3. User Registration

This licence may not be suspended, withdrawn or revokes when registering as a Service User and throughout the contractual relationship between the User and the Company.

(*) Driving licences issued outside of the European Union must be validated on a case by case basis, to which end the Company may require any documentation or accreditation deemed necessary.

 

 

The Motorbike Rental period shall be shown in the Application during the period of use of the Motorbike by the User, as well as the cost thereof.  As soon as the User ends the Rental, the application screen will display a final summary breakdown of the overall cost and time of Rental.

All Motorbikes will have two helmets, of obligatory use by the User and the Passenger, if any.

 

To terminate the use or Rental, the User must:

 

 

 

Insurance cover shall not be applicable if the damage is caused in a deliberate or negligent way by the User.

In the event of damage caused to the Motorbike, the User’s liability is limited to the excess amount agreed in the pricing policy, provided the Motorbike has been used in accordance with the Terms and Conditions and the damage has been reported without unjustified delay to the Company.

Accessories (helmet, smartphone holder, trunk, etc.) are not covered by the insurance and are the User’s responsibility.

The insurance shall not cover damage or theft of personal effects left inside the vehicle, as well as any damage caused to the User or third parties due to driving the vehicle in contravention of road traffic safety regulations, as well as in the event of being driven by a third party.

 

In such cases, the Company reserves the right to block the use of the Motorbike and to terminate the Rental in question.

Notwithstanding the foregoing, the Company reserves the right to withhold a deposit of €250 in the event of an incident during the use of the Service, to `pay for any damage that might be caused, and which will be charged at the time of collecting the Rental during which such an irregularity has occurred.

 

 

 

 

 

 

 

 

 

 

 

ANNEX 1:  Pricing Policy

Appendix 1.1: Particular Conditions Madrid.

  1. a) Rates

There are two driving modes, according to the following table, which the User may choose by pressing the “Mode” button on the Motorbike.  Depending on the mode chosen, a different rate per minute will be applied

Mode

Price

Mode S

€ 0.25 per minute

Mode C

€0.27 per minute

Pause

€0.05 per minute

 

The “Pause” mode will be limited to six consecutive hours.  In the event that the pause should last longer than 6 hours and the trip must be cancelled outside of the Service Area, this will be considered abandonment of the Motorbike.

 

Rates of the passes: 

Pass Minutes Price/minute Price/pass
Rider Pass 45 0,22€* 9,99€ 
Freedom Pass 120 0,20€* 23,99€

 

* Same price per minute as shown in the table for Standard, Custom and Pause modes will apply. 

  1. b) Excess

Fares

Excess

Mode S

€800

Mode C

€800

The insurance includes third party liability cover.  Full cover in the event of damage or theft of the actual vehicle, with an excess of eight hundred (800) euros.  In cases of User liability, the User must pay the amount of the damages, up to the values mentioned above.  The insurance policy includes cover for driver’s personal injury.

  1. c) Table of damages and penalties

List of damages:

Description

Amounts

Front headlight

€100

Rear light

€50

Handlebar trim

€10

Footrest

€50

Front mudguard

€50

Rear mudguard

€25

Right brake lever

€20

Left brake lever

€20

Left rear view mirror

€10

Right rear view mirror

€10

Centre stand

€80

Rear registration plate and light support

€40

Broken or lost registration plate

€30

Display panel

€200

Battery

€2000

Trunk

€200

Trunk button

€25

Pump

€50

Leg Cover Rug

€60

Top case lid

€25

Painted swinging arm

€150

Front disc

€50

Rear disc

€50

Front brake calliper

€90

Rear brake calliper

€90

Horn

€15

Headlight bulb

€8

Side stand

€40

Indicator set

€20

Front indicator light

€40

Rear indicator light

€40

Left light panel

€50

Right light panel

€35

Registration plate light

€15

Clip

€250

Handlebar

€60

Full seat

€40

Passenger seat

€100

Side retro-reflector

€5

Leg protector

€50

Front shield

€90

Inner front cover

€60

Bag carrying hook

€5

Lower keel cover

€30

Front wheel rim

€75

Front tyre

€80

Back tyre

€80

Loss of motorbike documentation

€50

Helmet loss or breakage

€30

Passenger stirrup

€15

Seat lock

€20

Keel

€40

Bearings

€25

Mobile phone support

€35

Engine cover ring

€50

Engine

€500

Chassis realignment

€150

Labour costs, at €45 for each intervention or damage caused, must be added to all the amounts indicated in the previous table.

List of penalties

Administrative expenses

Amounts

Processing fines

€25

Non-payment of bills

€25

Cost of removing vehicle from vehicle holding yard

€25

Failure to report an accident

€50

Failure to report theft

€150

 

Misuse Charges

Amount

Booking the service more than twice without starting trip

€50

Abandoning the vehicle without having completed the service

€150

Driving by a person not authorised by the service

€200

Driving the vehicle without documentation in force

€150

Parking in a private car park, reserved access or restricted area or not on the street

€150

Reporting an incident with more than a 3 h delay

€25

Failure to report an incident 24 h since occurrence thereof.

€100

 

Operations charges

Amounts

Removal of incorrectly parked motorbike

€25

Removal of the motorbike outside of the permitted area

€50

Removal of motorbike due to low battery charge

€30

Removal of motorbike from holding depot

(to be determined) *

 

*The penalty for removal shall be equal to the fee charged by the local authority responsible for removing vehicles from roads and streets.  The fee shall be attached by way of receipt.

The prices of damages and penalties do not include VAT, which is charged separately.

 

Appendix 1.2:  Particular Conditions Valencia

  1. a) Rates

There are two driving modes, according to the following table, which the User may choose by pressing the “Mode” button on the Motorbike.  Depending on the mode chosen, a different rate per minute will be applied

Mode

Price

Mode S

€ 0.25 per minute

Mode C

€0.27 per minute

Pause

€0.05 per minute

 

The “Pause” mode will be limited to six consecutive hours.  In the event that the pause should last longer than 6 hours and the trip must be cancelled outside of the Service Area, this will be considered abandonment of the Motorbike.

Rates of the passes: 

Pass Minutes Price/minute Price/pass
Rider Pass 45 0,22€* 9,99€ 
Freedom Pass 120 0,20€* 23,99€

 

* Same price per minute as shown in the table for Standard, Custom and Pause modes will apply. 

 

  1. b) Excess

Fares

Excess

Mode S

€800

Mode C

€800

The insurance includes third party liability cover.  Full cover in the event of damage or theft of the actual vehicle, with an excess of eight hundred (800) euros.  In cases of User liability, the User must pay the amount of the damages, up to the values mentioned above.  The insurance policy includes cover for driver’s personal injury.

  1. c) Table of damages and penalties

List of damages:

Description

Amounts

Front headlight

€100

Rear light

€50

Handlebar trim

€10

Footrest

€50

Front mudguard

€50

Rear mudguard

€25

Right brake lever

€20

Left brake lever

€20

Left rear view mirror

€10

Right rear view mirror

€10

Centre stand

€80

Rear registration plate and light support

€40

Broken or lost registration plate

€30

Display panel

€200

Battery

€2000

Trunk

€200

Trunk button

€25

Pump

€50

Leg Cover Rug

€60

Top case lid

€25

Painted swinging arm

€150

Front disc

€50

Rear disc

€50

Front brake calliper

€90

Rear brake calliper

€90

Horn

€15

Headlight bulb

€8

Side stand

€40

Indicator set

€20

Front indicator light

€40

Rear indicator light

€40

Left light panel

€50

Right light panel

€35

Registration plate light

€15

Clip

€250

Handlebar

€60

Full seat

€40

Passenger seat

€100

Side retro-reflector

€5

Leg protector

€50

Front shield

€90

Inner front cover

€60

Bag carrying hook

€5

Lower keel cover

€30

Front wheel rim

€75

Front tyre

€80

Back tyre

€80

Loss of motorbike documentation

€50

Helmet loss or breakage

€30

Passenger stirrup

€15

Seat lock

€20

Keel

€40

Bearings

€25

Mobile phone support

€35

Engine cover ring

€50

Engine

€500

Chassis realignment

€150

Labour costs, at €45 for each intervention or damage caused, must be added to all the amounts indicated in the previous table.

List of penalties

Administrative expenses

Amounts

Processing fines

€25

Non-payment of bills

€25

Cost of removing vehicle from vehicle holding yard

€25

Failure to report an accident

€50

Failure to report theft

€150

 

Misuse Charges

Amount

Booking the service more than twice without starting trip

€50

Abandoning the vehicle without having completed the service

€150

Driving by a person not authorised by the service

€200

Driving the vehicle without documentation in force

€150

Parking in a private car park, reserved access or restricted area or not on the street

€150

Reporting an incident with more than a 3 h delay

€25

Failure to report an incident 24 h since occurrence thereof.

€100

 

Operations charges

Amounts

Removal of incorrectly parked motorbike

€25

Removal of the motorbike outside of the permitted area

€50

Removal of motorbike due to low battery charge

€30

Removal of motorbike from holding depot

(to be determined) *

 

*The penalty for removal shall be equal to the fee charged by the local authority responsible for removing vehicles from roads and streets.  The fee shall be attached by way of receipt.

The prices of damages and penalties do not include VAT, which is charged separately.

 

Appendix 1.3:  Particular Conditions Hospitalet de LLobregat

  1. a) Rates

There are two driving modes, according to the following table, which the User may choose by pressing the “Mode” button on the Motorbike.  Depending on the mode chosen, a different rate per minute will be applied

Mode

Price

Mode S

€ 0.25 per minute

Mode C

€0.27 per minute

Pause

€0.05 per minute

 

The “Pause” mode will be limited to six consecutive hours.  In the event that the pause should last longer than 6 hours and the trip must be cancelled outside of the Service Area, this will be considered abandonment of the Motorbike.

Rates of the passes: 

Pass Minutes Price/minute Price/pass
Rider Pass 45 0,22€* 9,99€ 
Freedom Pass 120 0,20€* 23,99€

 

* Same price per minute as shown in the table for Standard, Custom and Pause modes will apply. 

 

  1. b) Excess

Fares

Excess

Mode S

€800

Mode C

€800

The insurance includes third party liability cover.  Full cover in the event of damage or theft of the actual vehicle, with an excess of eight hundred (800) euros.  In cases of User liability, the User must pay the amount of the damages, up to the values mentioned above.  The insurance policy includes cover for driver’s personal injury.

  1. c) Table of damages and penalties

List of damages:

Description

Amounts

Front headlight

€100

Rear light

€50

Handlebar trim

€10

Footrest

€50

Front mudguard

€50

Rear mudguard

€25

Right brake lever

€20

Left brake lever

€20

Left rear view mirror

€10

Right rear view mirror

€10

Centre stand

€80

Rear registration plate and light support

€40

Broken or lost registration plate

€30

Display panel

€200

Battery

€2000

Trunk

€200

Trunk button

€25

Pump

€50

Leg Cover Rug

€60

Top case lid

€25

Painted swinging arm

€150

Front disc

€50

Rear disc

€50

Front brake calliper

€90

Rear brake calliper

€90

Horn

€15

Headlight bulb

€8

Side stand

€40

Indicator set

€20

Front indicator light

€40

Rear indicator light

€40

Left light panel

€50

Right light panel

€35

Registration plate light

€15

Clip

€250

Handlebar

€60

Full seat

€40

Passenger seat

€100

Side retro-reflector

€5

Leg protector

€50

Front shield

€90

Inner front cover

€60

Bag carrying hook

€5

Lower keel cover

€30

Front wheel rim

€75

Front tyre

€80

Back tyre

€80

Loss of motorbike documentation

€50

Helmet loss or breakage

€30

Passenger stirrup

€15

Seat lock

€20

Keel

€40

Bearings

€25

Mobile phone support

€35

Engine cover ring

€50

Engine

€500

Chassis realignment

€150

Labour costs, at €45 for each intervention or damage caused, must be added to all the amounts indicated in the previous table.

List of penalties

Administrative expenses

Amounts

Processing fines

€25

Non-payment of bills

€25

Cost of removing vehicle from vehicle holding yard

€25

Failure to report an accident

€50

Failure to report theft

€150

 

Misuse Charges

Amount

Booking the service more than twice without starting trip

€50

Abandoning the vehicle without having completed the service

€150

Driving by a person not authorised by the service

€200

Driving the vehicle without documentation in force

€150

Parking in a private car park, reserved access or restricted area or not on the street

€150

Reporting an incident with more than a 3 h delay

€25

Failure to report an incident 24 h since occurrence thereof.

€100

 

Operations charges

Amounts

Removal of incorrectly parked motorbike

€25

Removal of the motorbike outside of the permitted area

€50

Removal of motorbike due to low battery charge

€30

Removal of motorbike from holding depot

(to be determined) *

 

*The penalty for removal shall be equal to the fee charged by the local authority responsible for removing vehicles from roads and streets.  The fee shall be attached by way of receipt.

The prices of damages and penalties do not include VAT, which is charged separately.

 

ANNEX 2: Insurance conditions

The Motorbike has an insurance policy that includes the following covers:

In addition, the User’s liability for damage caused to the Motorbike is limited and covered by an all risk insurance policy, with an excess, as set forth in the following clauses.  Only the authorised User may benefit from the vehicle damage cover.

In the event of damage caused to the Motorbike while being used by the User or damage caused by the User, the latter shall be held liable for such damage up to an excess of €800.

Both the abovementioned insurance policy and the limitation of liability shall be subject to the policy and general conditions of motor vehicle obligatory insurance set forth in the Law of Insurance Contracts and the General and Particular Conditions that Acciona Mobility has agreed with the Insurance Company.

Should the User fail to fulfil any of the obligations set forth in the Law of Insurance Contracts and this should exempt the Insurer from paying out any benefits, the insurance cover in place shall not be of application.  In this case, the limitation of liability to the excess shall likewise not be of application.

The insurance cover shall not be of application if the damage is caused deliberately.

In the event of the damage being caused by gross negligence, the User will be held liable by Acciona Mobility in accordance with the Law of Insurance Contracts.  In the event of damage caused to a Motorbike, the User’s liability shall be limited to the amount of the excess agreed if the Motorbike has been used in accordance with the contract and the damage has been reported with no unjustified delay.  The limitation of liability to the amount of the agreed excess shall not apply when the User causes a mechanical failure due to poor driving, gross negligence or wilful intent.

 

ANNEX 3:  Withdrawal Form

(If you wish to withdraw from this agreement, please fill out this form and return to the Company, to the postal or electronic mail address shown below).

To Acciona Mobility, with address for the purposes herein in Centro de Negocios Albatros, Calle Anabel Segura 11, edificio D, 28108 Madrid (Alcobendas), and email address: hola@acciona-motosharing.com

I, ___________________ hereby notify you of my intention to withdraw from the agreement for the provision of the Motosharing service offered by ACCIONA Mobility. Requested in _________________. Name _________________. Address __________________________________. Signature (only if this form is sent by paper ) _______