GENERAL CONDITIONS OF THE ‘EMOV’ SERVICE
EYSA PSA Smart City Mobility Services S.A., holder of Tax Identification Number (C.I.F.) A-87657086 and with its registered office at Calle Núñez de Balboa 116, 2º, 28006 Madrid, registered in Madrid Commercial Registry, volume 35.193, book 0, folio 130, section 8, page M-632849, entry 1ª (hereinafter identified as ‘emov’) operates a self-drive car-sharing / multi-user car-sharing concept which shall hereinafter be referred to as the emov Service. Specifically, emov hires out vehicles to registered users within a specific and demarcated geographical zone at emov’s discretion (hereinafter identified as the ‘service zone’), subject to the availability conditions set forth below. The service zone for each city in which the emov Service operates will be updated on the www.emov.eco website.
‘User’, ‘registered user’ shall be deemed to mean the natural person and ‘corporate account’ the company who/which, having first accepted these Conditions, joins the emov Service and consequently uses the vehicles made available for hire or for sharing by emov on one or more occasions. Acceptance of these Conditions shall not entail, whether for emov or for the user, a right to demand the hire of individual vehicles.
Use of the emov Service is governed by these General Contractual Conditions, which principally govern, inter alia:
- Registration or joining the emov Service, including the prior validations that may be required at any given time (method of payment, driving licence or similar, etc.).
- Use of vehicles from the fleet made available for hire by emov.
- The tariffs and prices established by emov for the said hire.
- The liabilities of the Parties, and where appropriate, the insurance policies applicable with regard to the said liabilities.
Acceptance of these General Contractual Conditions is mandatory and essential in order to register tothe emov Service and to use the hire vehicles associated with the said Service. As such, acceptance must be provided at the time the user registers to the Service.
Registration with the Service shall not be considered complete until emov has confirmed its acceptance of the said registration and/or it has completed the prior checks set forth in these Conditions. Emov shall confirm, by electronic means (e-mail and/or SMS), that registration has been accepted, and therefore that the user’s admission to the Service has been accepted. Under all circumstances, emov shall decide, at its absolute discretion and without any complaint or appeal against its decision being entertained, which applications for registration it accepts and allows to become users of the emov Service, and which applications it rejects.
These Conditions shall govern the relationship between the Parties (emov and the user or company) for as long as the user or company does not deregister from the said Service voluntarily, or until emov decides to revoke the status of user in accordance with its power to revoke the said status from any user and to terminate the relationship between the Parties by reason of a breach of these Conditions.
Under all circumstances, emov may revise and amend these General Contractual Conditions, at its material and temporal discretion. In this case, it shall notify the fact that changes or amendments are to be made to its relationship with users through the standard electronic means or channels (e-mail, SMS, social media…), stating the date as from which the new version of the Conditions is to apply. Use of the Service as from the said date shall be deemed to be acceptance in full and without reservation of the new Conditions. In any event, the Conditions applicable to each registration on the Service and/or use of the hire vehicles shall be those in force at the time the said registration or use takes place.
In the event of any discrepancy between the English and the Spanish version of these Terms and Conditions, the Spanish version shall prevail.
In order to join the Service and commence use of the hire vehicles associated with the Service, users must, prior to acquiring the status of user and assuming they meet the requirements and supply all of the necessary documentation, do the following:
- Register with the Service through the emov.eco website, or (where this is allowed) through the app linked to the emov Service.
- Personal data. Only persons aged over 18 may register and use the Service. At the time of registration, they must supply all personal data requested of them that is defined as mandatory (they may be asked to supply other information on a voluntary basis).
Users shall be responsible at all times for the truth of their details and for keeping them up to date, whether personal data or any other information they supply in order to register on the Service or in connection with their use of the Service. Any suspicion that the said details may be untrue or out of date shall enable emov to block the user and, should it so decide at its absolute discretion, to terminate the relationship between the Parties, without the user being entitled to make any complaint or seek any compensation or indemnity.
- Identification and driving licence. Users must provide proof of identity by following the link which they will receive automatically via e-mail during the registration process, in which they will be given instructions for them to supply or upload a copy of both sides of their driving licence and a personal identity document, valid within the European Union. Foreign nationals with residence in Spain may prove their identity with their NIE document, while other foreign nationals will use their Passport. Users who do not have a driving licence valid in the EU must supply their international licence.
Where a user’s driving licence expires, or is lost or revoked, the ability to drive an emov vehicle will be immediately suspended until the licence is renewed or for the length of time during which the licence is lost or revoked. Users must inform emov immediately and without delay of the suspension or limitation of their ability to drive, or of the temporary withdrawal or confiscation of their driving licence. Users must validate their driving licence once again following any renewal or once it is recovered after being revoked.
- Method of payment and authorization to make charges. In order to be able to reserve and hire an emov vehicle, users must have chosen a method of payment (e.g. debit/credit card) associated with the user during the registration process, and they must have introduced the corresponding details. In the case a debit/credit cards, they must accept recurring payments. The method of payment must be in the name, or at least in the joint name, of the user.
Users authorize emov to charge the sums deriving from the use of this Service to the method of payment they have designated, along with (in general terms) any sums deriving from the application of these Conditions (tariffs, prices, losses, administrative charges, etc.).
- Pay the subscription fee established in the Pricing Policy:
- The subscription fee can be waived with available promotions. Promotions will have a pre-established validity period which will be communicated together with the promotion.
- To enjoy the available promotions, it is indispensable to insert the promo code during the registration process and receive the confirmation notification of its successful application during such a process. Otherwise, the promo application will be at emov discretion.
- Downloading and installing the emov app on your mobile phone or smartphone.
- The vehicles associated with the Service are accessed via the emov app. In order to be able to use the app as a tool to access the Service, you must have a mobile phone that is compatible with the technical requirements of the emov app. Emov shall not under any circumstances be responsible for any losses or malfunction caused by downloading, installing, or using the app.
- Users must personally provide the means of communication via mobile data and bear the cost of the transmission of the data as payable to the user’s mobile services provider.
Users must ensure that it is possible to use the app throughout the whole of the Service, from reservation of the vehicle to when the vehicle is locked, and the vehicle hire is concluded.
- During the registration process, users shall create a password to access the confidential information and the features of the internet portal located at emov.eco (access to their charges, viewing and amending their personal data). Users shall be under a duty to keep their password strictly confidential and to ensure no third party can have access.
Users shall be liable for any losses or harm that may be incurred as a result of the misappropriation of their access details, especially where this has enabled or assisted the theft of an emov vehicle, or results in an emov vehicle being damaged or used inappropriately.
- Taking into account the state of the technical tools, the provision of the Service may be subject to restrictions or inaccuracies that are beyond the control of emov. This shall apply specifically to the availability of mobile-data services as provided by mobile network operators, the mobile network, positioning services using the global satellite positioning system, and internet access. A lack of availability of the mobile network may, on occasions, result in certain services being unavailable because the necessary transmission of data is not operational. Likewise, these services may be affected by atmospheric interference and by geographical conditions or obstacles such as bridges, tunnels, buildings, etc…
The same is true of positioning services based on the global satellite positioning system. Furthermore, use of the internet may be subject to additional restrictions (such as network overloads). Likewise, there may be temporary capacity deficits as a result of peaks in demand for the services, affecting mobile networks, land lines, or the internet.
In addition, interferences can also arise as a result of force majeure, such as strikes or rulings issued by public bodies, judges, or the courts, as well as technical and other measures (e.g. repairs, maintenance, software updates, improvements, etc.) carried out on emov systems or those of suppliers, the providers of services and contents, as well as network operators, which may be necessary for the proper and improved provision of the services.
Use of the services through the emov app and/or the emov internet portal may also be subject to restrictions or inaccuracies due to a lack of availability or interferences or perturbations on the emov app or on the internet portal, or in a compatible device (e.g. as a result of force majeure, or due to technical or other measures such as maintenance, software updates, or improvements to the app or to the emov internet portal).
- It is forbidden for a user to have more than one personal account without the expressed consent of emov.
- In the case of ‘corporate accounts’, an authorised person from the corporation should apply for the creation of a ‘corporate account’ providing all requested information and documents. Once emov process the application the ‘corporate account’ shall be created.
- The authorized person will also be an emov user too and the administrator of the corporate account. This person will have full rights, within the company account, having access to the data of all users linked to such account: trips, usage, costs, etc . Likewise, the administrator will have full rights to invite new users to join the account and manage the access to the account.
- Method of payment and authorization to make charges. The authorised person from the company must provide a debit or credit card once the account is created as a previous step to the account validation.
- User authorizes emov to charge the sums deriving from the use of this Service by any of the corporate users to the method of payment they have designated, along with (in general terms) any sums deriving from the application of these Conditions (tariffs, prices, losses, administrative charges, etc.).Pay the registration fee established in the Price policy. There may be promotions waiving the registration fee. These promotions are limited to certain dates which will appear in the promotion terms.
Voluntary discontinuance of the registration. The user has the right to voluntary discontinue the contract within a time span of 14 working days from its execution, without the need to provide any motivation and without any charge different, unless the user has voluntary started to use the services already, in compliance with the current contract.
To that effect, the user will be able to communicate to emov its decision, using the voluntary contract discontinuance form available in the annex of these Terms and Conditions; or alternatively provide another kind of unequivocal declaration where he/she indicates his/her decision to discontinue, sending it to the postal address noted at the beginning of this document.
CONTRACT DISCONTINUANCE FORM
To the attention of EMOV (EYSA-PSA SMART CITY MOBILITY SERVICES, S.A.), Calle Núñez de Balboa 116, 2º, 28006 Madrid, email@example.com:
Hereby I confirm the cancellation of the registration process:
– Executed on: ………………………..
– Name of the user: ……………………………………………………
– Address: ………………………………………………….
– Signature (in case it is presented on paper)……………………….
– Date: ………………………………
Emov will refund the registration fee, in the event the user has already paid it, without any further delay and, anyhow, before the passing of 14 natural days from the date emov has been informed of the decision to discontinue the contract.
- USE OF THE SERVICE (VEHICLE HIRE)
Registered and validated users may hire vehicles from emov. Only the emov vehicles shown in the app may be used.
It is possible to book a specific car for a certain number of minutes. The reservation may be made using the app or at www.emov.eco
The booking duration and its price, if any, shall be specified in the Pricing policy. Furthermore, emov shall stablish limits to the number and/or duration of the booking in order to maximize the availability of the cars for the service.
Emov may deny the reservation in the event that the vehicle selected is not available to attend to your reservation request, or where the user makes unreasonable use of the reservations system. Unreasonable use of the reservations system shall be deemed to mean making repeated reservation requests for available vehicles which do not result in a real journey being made. Emov reserves the right to de-register any users who, in its opinion, are making unreasonable use of the system, after first warning them by e-mail so that they can correct their conduct.
In specific cases, there may be a discrepancy between the location shown and the real location as a result of inaccuracies in the GPS signal, and emov accepts no responsibility in this situation.
Before starting to drive, users shall be under a duty to:
- Check the status of the emov vehicle and inform emov by telephone in the event they detect any defects, visible damage, or find that it is very dirty. Where the vehicle is damaged or very dirty, users must contact emov by telephone in order to notify the nature and severity of the defect, damage, and/or report its dirty condition. Users shall be under a duty to supply the corresponding information faithfully and in full. Emov may prohibit use of the vehicle where its ability to be driven safely is compromised.
- Ensure that the emov vehicle is in good working order and in a fit condition to be driven safely;
- Comply with all legal requirements in relation to the functioning of the emov vehicle, and specifically the Law on Traffic, the Driving of Motor Vehicles and Road Safety, and the Highway Code.
Individual hire starts when the vehicle is accessed using the app, and ends when the user has successfully concluded the vehicle hire in accordance with the provisions of these General Conditions.
Users, in accordance with the applicable Regulations, do not have the right to withdraw (even in part) from an individual hire once it has started, and as such the duration of the vehicle hire shall always be the time elapsing between access to the vehicle and the conclusion of the vehicle hire in accordance with the provisions of these Conditions.
Before starting, users accept that they shall not:
- allow third parties to use their credentials to access the app and then, in turn, to access the vehicle.
- allow third parties to drive the vehicle.
- drive the emov vehicle under the influence of alcohol, drugs, or medication that impairs their capacity to drive. A strict prohibition on alcohol consumption is applied (0.0 g/l in blood, or 0.0 mg/l in breath);
- use the emov vehicle to participate in motorsport events or in races of any kind;
- use the emov vehicle to test vehicles, or to teach people to drive, or to carry passengers for commercial purposes;
- use the emov vehicle to transport substances which are highly flammable, poisonous, or hazardous, in quantities that considerably exceed amounts that are merely for domestic use;
- use the emov vehicle to transport items or substances that make the vehicle dangerous to drive, or which damage the interior of the vehicle given their nature, size, shape, or weight;
- use the vehicle in such a way that generates opportunities for it to be stolen (the windows must be closed and the central-locking system must be locked);
- use the emov vehicle to commit crimes;
- smoke or allow others to smoke in the emov vehicle;
- excessively soil the emov vehicle, or leave any litter behind in the vehicle;
- carry more passengers than the number allowed in the vehicle documentation (4 persons);
- carry out repairs or modifications to the emov vehicle, or procure any such repairs or modifications under the authority of the user;
- carry children or babies without the proper booster seat / child seat. Users must comply with all of the manufacturer’s instructions with regard to the installation of baby seats;
- travel to a foreign country in the emov vehicle;
- park the emov vehicle perpendicular to the road, except in parking spaces which are designed in this manner.
- Try to recharge the vehicle by any means. It is strictly forbidden to plug the car to any charging station.
The beginning of the trip in specific areas of the service zone (such as airports) could lead to additional charges that will be specified in the Pricing Policy.
The driving style must be reasonable from an environmental perspective and efficient in its use of fuel. The user must monitor the battery level in order to comply with the minimum battery level at the end of the trip.
When the user wishes to end the vehicle hire, each and every one of the following requirements must be met:
- To inform the emov user support service, by telephone, of any accident, damage, or defects arising during the use of the vehicle.
In the event of an accident, users must:
- Notify this to the emov user support service.
- Take all necessary steps to preserve evidence and mitigate the losses in co-ordination with emov, and participate in the procedures for the vehicle to be handed over to a company providing tow-truck services, or for it to be deposited securely in co-ordination with emov, or for it to be taken away by the user.
- Fill out the accident statement (included in the general vehicle documentation) and send it to emov by post or by e-mail to firstname.lastname@example.org, so that emov can commence the corresponding process with the insurance company. Users should not sign any acceptance of liability.
- Where necessary, users may request the presence of the Police if the other party refuses to fulfil the accident statement.
- In the event the accident is not reported, or the accident statement is not filed, the user shall be required to pay the surcharge stipulated for this situation.
- To park the vehicle within the service zone specified by the app. The indicator of the car is for guidance only.
- To park the emov vehicle properly in accordance with the Parking regulation code on the public road.
In zones where parking is banned on certain days or at certain times, the vehicle hire can only be concluded if the restriction does not come into force for at least a further (48) hours as from when the vehicle is parked. The same shall apply to parking bans that have already been imposed, but which are not in force yet with regard to time (e.g. temporary bans due to an event or relocation).
- Not to park on private or commercial property (such as car parks, courtyards, etc.) or any other area fenced or provided with a barrier, even if it is always open. This ban shall also apply to the car parks of shopping centres, supermarkets, restaurants, universities, etc and to any non-paved area. It is explicitly vanned to park in any none-paved area.
- To return the keys by depositing them in the place designated for this purpose in the interior of the vehicle.
- To apply the handbrake, to close all doors and windows properly, to switch off all the lights; not to leave any litter in the vehicle, or excessive soiling.
- To check that the vehicle charge is at least 1/16 of the “fuel indicator” (one of the sixteen segments into which the battery-charge indicator inside the car is divided) or 10% from the monitoring system.
- To park somewhere that allows a data connection via mobile phone. Where this is not possible in exceptional circumstances, users must move the vehicle to another location until such a connection is established. It is banned to park indoors or in any sheltered location.
- To conclude the vehicle-hire process using the access tool (app and emov.eco), pressing the button “END TRIP” or “TERMINAR VIAJE”. If the user leaves the emov vehicle without having concluded the vehicle-hire process, the hire shall continue at the user’s expense.
It is permanently prohibited to stay inside the vehicle once the trip has been terminated unless authorized by the customer service team. In case of incompliance, emov can charge the user for the time spent between the termination of the trip and the moment he/she got out of the vehicle.
If the vehicle-hire cannot be concluded, the user shall inform emov of this without delay and shall remain with the vehicle until the user support service has taken a decision as to what to do in this circumstance. Any additional vehicle-hire costs shall be refunded by emov once it has been verified that the user is in a situation of compliance (users will not be in a situation of compliance where the vehicle does not allow the hire to be concluded because the keys are not in the vehicle, or the doors are not locked, or the vehicle is not parked in a service zone).
The termination of the trip in specific areas of the service zone (such as airports) could lead to additional charges that will be specified in the Pricing Policy.
Breach of any of the conditions indicated above may give rise to a penalty, the value of which is specified in the Pricing Policy published at www.emov.eco.
- PRICING POLICY
All prices and tariffs are set forth in the Pricing Policy, published at www.emov.eco, which is subject to alteration as are all other parts of these General Conditions.
Unless otherwise stated, the prices are the final prices and include all direct and indirect taxes applicable by law.
Free minutes may be awarded, as a form of credit balance in euros credited directly to the user’s account in connection with promotional activities, and this may be consulted at any time via the app or on your personal account on the website.
Free minutes shall have a limited lifespan which shall be specified in each case, depending on the promotion. The credit balance or the free minutes expiring soonest will be consumed first. Customers who do not have any funds or any free minutes in their account – or customers who exceed the funds and/or free minutes they have available – will be charged using their standard method of payment. Customers can see the current status of their funds or free minutes at any time via the app or in their emov account. Any funds and/or free minutes which are not used during their term of validity shall be forfeited.
Use of emov vehicles is charged in accordance with the respective standard tariffs or prices (per minute and/or kilometre). The hire price must be paid at the end of each journey. In the case of the standard tariffs, the reservation, driving, and stoppage periods accumulated within one vehicle hire shall be added up and each total shall be multiplied by the corresponding unit price. The reservation period starts when the vehicle is reserved and ends at the moment the doors are opened using the app. The driving and stoppage times start when the doors are opened using the app and end when the journey is concluded using the same method, provided that all of the aforementioned circumstances are met. Any incomplete minutes shall be rounded up to the next minute once one (1) second have elapsed and shall be charged under the driving tariff.
Customers give their express consent (which may be revoked before the user support service) to the receipt via e-mail of an electronic invoice per journey.
Any costs and charges incurred by emov as a result of the money due to be collected from users being delayed, broken down into instalments, denied, etc. shall be passed on to the user.
Emov offers the possibility of acquiring packs of minutes to be paid in advance to the usage. The price of the pack, the number of minutes and expiration date of each pack is specified in the Pricing Policy. These packs may imply a discount over the standard per minute fee.
The minutes acquired shall only be consumed as Driving Minutes nor as deductible waiver nor any other additional charge. 50 km of driving are included per trip, any extra km shall be charged according to the Pricing Policy.
Once the minutes of the pack are consumed, the extra minutes will be charged at the standard rate.
After the expiration date, the minutes not consumed will no longer be available for the customer.
Users shall be liable for any damage incurred by an emov vehicle caused by the fault of the user. This shall include but shall not be limited to theft, damage to or loss of the vehicle, its keys or accessories. The User shall bear responsibility up to the amount of the exceed specified in the Pricing policy, in case the user had committed to these General Conditions and the damage had been notified without delay. Furthermore, users shall bear full responsibility where the damage to or loss of the corresponding emov vehicle or the losses incurred by third parties have been caused by a culpable breach of these General Conditions, or the mandatory legal provisions, or the general conditions of the insurance policies for motor vehicles, by the user or any third party for which the user is responsible, where this breach affects the insurance cover.
In the event that the user is liable and there is no insurance cover within the framework of the vehicle insurance, the user shall indemnify emov in respect of any third-party claims. No liability shall arise for the user to the extent that it is possible to establish that the user is not responsible for the losses, or that no losses have been incurred, or that the losses effectively incurred are significantly below the price established.
In the event of an accident responsibility for which is attributable to the user, and in the event the user has complied with all of the requirements laid down, the liability of the user may also be extended, up to the value of the agreed excess indicated below, to indirect losses, and to the value of experts’ fees, or any additional administrative costs.
If chosen by the user, the option to reduce the deductible, which has to be confirmed at each trip before starting it, allows to waive the deductible by the amount established in the Pricing Policy, in the event of an accident. The user can not voluntarily cease the deductible waiver contract once the service has started. The deductible waiver will only apply for the damages caused to the vehicle, and by no means will apply to any other charge/s or fee/s detailed in the Pricing Policy which could be applied in case of accident.
Users shall be liable for the consequences of any traffic offences or criminal offences (and any consequent civil liability) committed with the emov vehicle. Users must pay all fees and costs, and shall hold emov harmless in respect of any claims by third parties. Users shall pay the administrative charges laid down in the emov Pricing Policy in respect of the processing of any traffic offences (fees, fines, etc.). In the event that users cause an accident outside of the emov operating zone, they shall be liable for the cost of returning the vehicle to the operating zone once it has been repaired.
As for ‘corporate accounts’, the company must bear liability jointly with the user for the consequences of its associated users use of the service.
Whether it is necessary for emov to relocate the vehicle because of a breach of any of the conditions governing the conclusion of the vehicle hire, or for a third party to procure a tow-truck service, the cost of the said service shall be borne by the user along with the additional fees, in accordance with the Pricing Policy in force.
Users will have to pay the sum quoted in the current Pricing Policy if they allow any person other than an authorized driver use the emov vehicle.
All vehicles in the emov fleet are covered by insurance which, in the event of an accident, covers mandatory civil liability, complementary civil liability, the personal injuries of the user driver and other occupants of the vehicle, and damage to the vehicle. Notwithstanding the said insurance, the excesses and the reduction of the user’s liability included under these Conditions shall be taken into account. Only an authorized user can benefit from the insurance cover.
The insurance does not cover the following:
- Tyre blowouts or punctures under any circumstances.
- Any losses that may be incurred by users as a result of the theft of personal items left or forgotten in the vehicle.
- Any losses that may be incurred by users or third parties arising as a result of the user driving the vehicle in a manner that contravenes traffic regulations, motor-vehicles regulations, or road-traffic safety, as well as in the event the vehicle is being driven by a third party other than the user. In any of these circumstances, users shall be exclusively and personally liable for any damage to the vehicle and any losses incurred by its occupants or any third parties.
- Towing Services.
In case the user fails to immediately report the accident during the use of the vehicle could entail additional charges as specified in the Pricing Policy.
In the event the user needs towing services, the transfer of the user and of his/her passengers, if any, from the place of the accident to any other place will be subject to the towing provider’s discretion.
Emov may terminate the relationship between the Parties, without the user being entitled to any compensation or indemnity whatsoever, in the event that the user breaches these Conditions, and in particular where the user:
- Repeatedly fails to pay the cost of using the service, or in general terms, stops making the payments users are required to make.
- Supplies untrue, false, or incomplete details when registering for the service or subsequently, does not update the details.
- Drives without a driving licence or under the influence of alcohol or drugs;
- Passes on the login details (user ID, password) for the app to someone else.
- Engages in unreasonable use of the reservation facility.
The user can voluntarily discontinue the contract between the parties at any time, without affecting the obligation to pay the pending charges, by sending an email to email@example.com formally requesting the termination, pointing out name, surname/s, ID number and the reason for the termination.
- CUSTOMER SERVICE AND COMPLAINTS
All users can present any complaint and claim or request information on product or services offered or hired at the following postal address, phone or email: calle Núñez de Balboa 116, 2° (28006 Madrid), (+34) 9155110126 or firstname.lastname@example.org .
Pursuant the existing laws on consumers and users, here it follows the link to the European Union online dispute resolution platform covered by the EU Directive 524/2013 of the European Parliament and of the Council of 21st May 2013: http://ec.europa.eu/consumers/odr/
These General Conditions shall be governed by the applicable Spanish regulations in force at any given time. The titles given to each section shall not condition, presuppose, limit, or alter their content.
The Parties acknowledge that there are no complementary agreements hereto, whether verbal or of any other kind. Any amendments to these Conditions shall be governed by the aforementioned rules.
Both Parties agree, in express waiver of the protection of any other jurisdiction they may be entitled to, that any dispute deriving from this contract shall be resolved by the Courts of Madrid, in waiver – likewise express – of the protection of their own jurisdiction should they have one.
These General Conditions are available in both English and Spanish. In the event of any discrepancy between the two versions, the Spanish version shall prevail.
Version published on July 2nd, 2018