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  • CAT
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SERVICE RULES OF USE

Motit Barcelona SL (from now onwards ‘MotitBCN’), CIF B6665448, offers a motorbike rental service (from now onwards ‘MOTIT’). MOTIT is a MotitBCN registered brand.

1. SERVICE RULES OF USE
1.1. In order to access the service, the USER must sign in the MOTIT service through the smartphone application. All the users must accomplish the following requirements. In order to be a MOTIT user they need:

– To be at least 21 years old
– To have a valid driving license for the vehicle and in the city where the USER is going to make a booking, according to the following table:

Driving license Nationality

Requirements

Spain, Italy and France

125cc motorbike driving license or 3-year old car driving license.

The rest of the EU countries

Motorbike or moped driving license

To have a valid bank card.
-To accept the following general rental conditions:
-The USER is the only part responsible for assuring the validity and authenticity of the driving license in front of MotitBCN and any other  third party. In the website, You can check the driving license conditions that need to be fulfilled in order to drive a vehicle in each of the cities where MOTIT operates.
1.2. The USER will be able to make a booking entering his email and personal password in the MOTIT Smartphone app. Each booking gives the right to drive only 1 vehicle for each trip and/or within a given period of time.
1.3. The USER of the service must have a Smartphone with iOS or Android operating system, internet access and WIFI connection and also needs to download the MOTIT app in his smartphone. It is the USER responsibility to gather all those requirements.
1.4. Before starting the booking, the USER will receive, through the Smartphone app, the license plate of the vehicle available and the location where he must pick it up.
1.5. Only the registered USER will be the one authorized to book and drive the vehicle.  It is explicitly forbidden for the people who are not the person holder/owner of the booking to drive the vehicle. If it happens, the person responsible for the booking will be the holder/owner of it.
1.6. The USER must drop off the vehicle within the area defined as Service zone in the website and the Smartphone app. If the drop off happens to be outside the Service Zone, there will be a penalty fee according to the annexed diagram.
1.7. The USER must park the vehicle in a 24h authorized motorbike parking zone (no timetable limitations).
1.8. The USER must drop off the vehicle switched off. The USER also has to report through the Smartphone app any incidence, incident or damage occurred during the booking. The service will only be finished when the vehicle is switched off and the booking finished through the Smartphone app. If the USER leaves the motorbike without formally finishing the booking through the Smartphone, he will be charged a penalty fee according to the annexed diagram.

2. VEHICLE RULES OF USE

2.1. MotitBCN gives the USER the vehicle in good conditions. MotitBCN has made the vehicle several internal controls: tire, brake and shock absorber revisions, among others.
2.2. When the USER reaches the vehicle, he must check the motorbike external conditions as well as make sure that the documentation and the helmet are in the locker. If the USER detects the lack of any of those elements or any damage, he must report it to MotitBCN through the Smartphone app. If the USER does not report it, he is confirming the initial good conditions of the vehicle.
2.3. The USER is committed to use and drive the vehicle according to the driving and traffic rules and to the vehicle specifications. Therefore, the USER is committed not to use or let anyone else use it under the following circumstances:
– To tow any vehicle or object being it a rolling object or not.
– To join any competition, being it official or not, as well as endurance material or accessory tests.
– To drive a vehicle under alcohol, narcotics or any other narcotic substance influence.
– To carry a number of passengers that exceeds the number authorized and established by the traffic rules and/or the inspection sheet of the vehicle (2 passengers).
– To carry any merchandise that exceeds the authorized weight, number and/or volume established by the traffic rules and/or the inspection sheet of the vehicle.
– To carry any inflammable or dangerous merchandise or toxic/damaging/radioactive material for illicit purposes that breaks the law or the current legal provisions.
– To carry alive animals.
2.4. It is explicitly forbidden to transfer, rent, mortgage, and pawn, sell or encumber in any way the vehicle, its documentation, equipment, tools or accessories and/or any other piece of the vehicle as well as treat it in a way that causes damage to MotitBCN or any third party.
2.5. The USER is committed to leave the vehicle switched off and parked correctly if he does an intermediate stop.
2.6. The USER must stop the vehicle as soon as he realizes that it has been damaged or it has a breakdown.
2.7. It is not allowed to transport the vehicle aboard of any other transport such as a train, a truck or a plane. It is also not allowed to drive through fast tracks (motorways or highways).
2.8. It is explicitly forbidden for the USER to handle the vehicle or modify any technical feature, its equipment, tools and/or vehicle accessories as well as modifying its external appearance.

 3. IN CASE OF BREAKDOWN

a. In case of breakdown, the USER must park the vehicle correctly; report it to MotitBCN through the Smartphone app, and finish the booking through the app as well. MOTIT will be, if necessary, the only responsible to move the vehicle until its assistance point.
b. In case of breakdown and if MotitBCN verifies that it is not responsibility of the USER, MotitBCN will not charge the service cost to the USER.
c. In case of breakdown, the USER is not allowed to order or do any repair by his own means.

4. IN CASE OF ACCIDENT OR THEFT

a. In case of accident, the USER must report it to MotitBCN at the time when the accident takes place, through the most adequate channel for him and, if possible, finish the booking through the Smartphone app. The USER must collaborate with MotitBCN in order to complete/fill in the corresponding claim to submit to the insurance company sending to MotitBCN the required information within a maximum period of 72h since the time when the accident took place.
b. In case of theft, the USER must report it to MotitBCN at the time when the theft takes place. The USER must collaborate with MotitBCN in order to complete/fill in the corresponding complaint.

5. IN CASE OF TRAFFIC FINE

a. MotitBCN will inform the USER as soon as possible of any traffic fine acknowledged by MotitBCN related to the vehicle used during the booking time. If the traffic fine requires the USER identification, MotitBCN will send it to the corresponding authority and will inform the affected USER.
b. The USER is the sole responsible before MotitBCN of paying the traffic fines or sanctions that may fall back into MotitBCN due to violations. It will happen unless the sanction has not been answered by MotitBCN informing about the offender’s identity.

6. PRICES AND RATES

a. The rental Price as well as the joining fee or periodic fee are published in the Valid General Rate (regarding services, fees and taxes) in the service’s website www.motitworld.com.
b. The rental price includes the insurance price (the required civil responsibility insurance of the vehicle, and the insurance of the driver). The USER is the only beneficiary of those insurances according to the insurances general and particular terms.
c. In case of tour bookings, the duration of the chosen tour will be defined by MotitBCN at the moment of the booking. Once this period of time is passed, the continuity of the vehicle usage will imply a cost per minute exceeded that can be checked in the Valid General Rate.
d. The USER authorizes a possible penalty fee charge in his bank card, being added to the service charge and the maximum price being the franchise price specified in the annex. The penalty fee will cover any damage in the vehicle derived from its use.
e. In case of damaged vehicle, MotitBCN will quantify the damages and will inform the USER of the total cost before charging the penalty fee.
f. Once the booking finished, if the helmet provided
by MotitBCN is not returned, there will be a penalty fee charge according to the annex.
g. Under no circumstances, the former franchise will cover the service price or the penalty fees derived from the service that are specified in the annex.
h. The cancellation of the booking will imply a cancellation fee charge according to the annex. A non-started booking that has not been cancelled will also imply a penalty fee charge according to the annex.
i. The payment of all the fees must be done through a bank card whose holder is the USER himself. The USER authorizes MotitBCN to apply the charges according to those General Terms.
j. The USER is responsible for the bank fees associated with a bank card chargeback or refund. If the USER does not accept some of those fee charges within the next 24h since they are refunded, MotitBCN will have the right to demand them through legal or extralegal channels with no previous formalities.

7. INSURANCES AND COVERAGES

7.1. The rental price includes the civil responsibility insurance, the third party damages insurance and the theft insurance as well as the vehicle damages caused for any circumstance whose price is over the one specified as franchise in the annex.
7.2. Those coverages are guaranteed and assumed by the insurer with whom MotitBCN has contracted the corresponding insurance policy. Those coverages are also held to what is agreed by the General and Particular clauses of the insurance policy and by the regulation of the current legislation.
7.3. Through the adherence to those General Conditions, the USER confirms that he has read and accepted them and becomes adhered and an insured part mentioned in the insurance policy.
7.4. The highest responsibility established by the franchise will not be held/carried if the USER does not complete appropriately the corresponding theft complaint or incident report sheet where all the data concerning the incident has to be clearly specified: vehicle data, implied drivers data, and the conditions and circumstances under the accident happened.
7.5. The highest responsibility will not be held in case of the USER’s unfulfilment of any of the terms of use of the vehicle collected in the clause 2.3. in which case the USER assumes the whole responsibility for the consequences and will pay to MotitBCN all the possible damages caused by his behavior.

8. CONTRACTUAL/LEGAL AND BUSINESS RELATIONSHIP

By accepting the present General Terms, the USER acknowledges that an exclusive business and contractual relationship is established between MotitBCN and the USER. Therefore, the USER exempts the whole responsibility derived from the use of the vehicle, the use of the service in general, the service to a third party that may collaborate with MotitBCN in the operation procedures or the promotion of the service, and the USER resigns explicitly to make any complaint against those third parties.
MotitBCN reserves the unilateral right to terminate the contractual relationship with the USER in any moment if MotitBCN considers that the USER has unfulfilled the Terms collected in this General Terms as well as to bill and get paid by the USER the owed quantities.

9. TERMS MODIFICATIONS

The present General Terms can be modified through a communication in the following website: www.motitworld.com

10. PROCESSING OF PERSONAL DATA

The USER authorizes the processing of the personal data collected by MotitBCN (service operator) which is also required in order to provide the MOTIT service, as well as the offer and hiring of other products and services of MotitBCN. The USER will be informed that he has the right to access, modify and cancel the personal data through the Smartphone app in the section ‘My account’. Likewise, the USER is in accordance with MotitBCN establishing cooperation agreements in order to improve the provision of the rental vehicle service, based in Spain or abroad, respecting the Spanish legislation about personal data Protection Act.

11.APPLICABLE LEGISLATION AND JURISDICTION

The present contract will regulate and will be interpreted according to the Spanish Laws. The issues raised by the contract between the USER and MotitBCN are competence of the Spanish Court and the Spanish Tribunal belonging to Barcelona to which both parts are subjected.

Annex – Penalty fees table

Dropping off the vehicle out of the Motit Zone

30€ (unless the vehicle has been damaged or there has been an accident)

Not finishing the booking through the Smartphone app

10€ (according to current rates)

Cancelling the booking before the 15 minute courtesy period plus the extra 10 minute period.

6 minutes (according to current rates)

Not starting the booking before the 15 minute courtesy period plus the extra 10 minute period.

6 minutes (according to current rates)

Picking up the vehicle in a car impound due to non-authorized parking

20€ plus the price of the municipal fine

Not returning the helmet

50€

Losing the vehicle documentation

5€

Not giving the accident data in order to fulfill the accident report form if necessary

30€

NOTES: The VAT is included in all the rates of the Terms and Conditions. The rates and prices are subject to change. The current Terms and Conditions are always available in the website www.motitworld.com and in the Smartphone app.