Valid as from 30.08.2022
NOVA MOBILITAT COMPARTIDA SLNE , with registered office in Palma de Mallorca, calle Sol 28, nº 3B, CIF number B16576613, telephone +34623188381, email email@example.com, registered in the Mercantile Registry of Palma de Mallorca in Volume 2380, Folio 64, Section 9, Page 84210, Inscription 1 (hereinafter referred to as “Muvon”) offers a carsharing service under the name of Muvon.
Being a Muvon User allows you to have access to a car by the hour at your choice and according to availability at the time of booking. Each User will be able to use the car chosen from 1 hour to as long as needed. Becoming a User requires the acceptance of these General Terms and Conditions at the time of registration.
The General Conditions set out below protect not only your own interests but also the interests of other Users. Muvon undertakes to keep its fleet in good working order, maintenance and cleanliness. Muvon carries out regular checks of the vehicles according to the manufacturer’s specifications. The procedures established by Muvon allow any irregularities to be reported promptly by Users via the app and by employees in charge of maintenance. Muvon’s carsharing service is based on the respect of the common rules by the Users, and especially of the reserved time slots.
“User” means any natural or legal person who accepts these General Terms and Conditions and who is registered in our reservation system.
“Vehicle” refers to the fleet of vehicles made available by Muvon or the vehicle used by the User.
“App” refers to the application required to make the reservation and subsequent access of the vehicles. The Muvon App is available for Android and Apple platforms in their respective stores.
“Accessories” refers to all equipment allowing access and use of the vehicle: keys, radio, vehicle antenna, insurance certificate, copy of the vehicle registration certificate, accident declaration, car mats, safety vest, warning triangles, charging cable, SD card and charging cards.
“User Service” refers to the telephone number made available to Users in the car manual and on the Muvon website which may be used to report any anomalies and receive assistance from the Muvon team.
“Quick Use Guide” refers to the brief guide found inside each vehicle, where the User will find all the necessary information about the correct use of the service and where the telephone number of Muvon’s Customer Care service is detailed.
“Reservation Period” refers to the time during which the User will be able to dispose of a Muvon vehicle in accordance with the reservation made from the App.
1.- CONDITIONS FOR REGISTRATION
Any person from 20 years of age, with a valid driving license in force in the EU and with a minimum age of two (2) years, can register.
The documentation required for registration, unless otherwise specified on the website www.muvon.es will be as follows:
- Copy of the driving license valid in Spain.
- Bank credit or debit card, against which Muvon will charge for the use of the service by the User.
- Copy of valid identity document (ID card or passport).
- Photograph or portrait (selfie) matching the documentation provided.
The driving license must be valid in Spain, be in force and with the necessary number of points to be able to drive. Driving licenses from European Union member countries and foreigners that meet the following conditions are valid in Spain:
– Nationals of other countries that are issued according to Annex 9 of the Geneva International Convention of September 19, 1949 or according to Annex 6 of the Vienna International Convention of November 8, 1968.
– The nationals of other countries that are written in Spanish or are accompanied by an official translation.
– International certificates issued abroad in accordance with Annex 10 of the Geneva I.C., Annex 7 of the aforementioned Vienna I.C. or Annex E of the Paris Convention of April 24, 1926.
– Those recognized in bilateral Agreements or Conventions to which Spain is a party according to the conditions indicated therein.
All the previous groups will have to fulfill the following requirements:
– That the permit in question is in force.
– That its holder is of the age required in Spain for the corresponding permit.
– That 6 months or more have not elapsed since the holder acquired normal residence in Spain; if this has not been acquired, the six months will be counted from the time the subject has entered Spain in a regular manner, for which Muvon may request any supporting document. Once the aforementioned six months have elapsed, all of the aforementioned permits will lose their validity, and the User must obtain a Spanish permit in accordance with the requirements and pass the corresponding tests.
The User guarantees that the information and documents provided are true.
Muvon reserves the right to suspend or cancel this contract in the event of suspicion of falsified documentation, or incomplete and/or inaccurate information. The User must inform Muvon within 15 calendar days of any changes to his or her data. The suspension or expiration of the driving license must be notified immediately and the User will be suspended from the service for the duration of the suspension or renewal of the license.
2.- USER OBLIGATIONS
1º. Each User will access the reserved car using the App. The vehicle will be returned to the same parking lot, and will be locked in the same way. During the time of reservation and until its return, the User has full custody of the vehicle and is responsible for it during its use. He/she is also responsible for the documentation of the vehicle and all its accessories.
2º. The User must be diligent in the care of the vehicle and its accessories.
3º. The User agrees to park the vehicle in a safe place and to lock the vehicle with the app or the key until the end of the reservation.
4º. The User must immediately notify Muvon of the loss of his/her mobile device if he/she is logged in at the time of the theft or loss.
5º. The User must leave the vehicle’s accessories inside the vehicle at all times, even during stops made during the trip prior to the end of the trip.
6º. The User must ensure the correct charging of the vehicle while using it, committing to return it with at least 10% autonomy and making use of the charging stations available on the island. Muvon is not responsible for the charging network outside of the points installed at the stations.
7º. The User must immediately inform Muvon by calling Muvon’s Customer Service Department of any anomaly or failure (internal or external) of which he/she becomes aware with respect to the vehicle. The User agrees not to use the vehicle if it is not in normal safety conditions.
8º. The User is responsible for the condition of the vehicle. Any degradation, deterioration or damage suffered by the vehicle (internal and external) during the reservation period will be the responsibility of the User, provided that the circumstances that have caused it are attributable to the User.
9º. The User will be responsible for the deterioration suffered by one or more tires of the vehicle for reasons other than normal use. In case of disappearance, the price of the tire will be invoiced to the User immediately after the disappearance.
10º. The User may not carry out any intervention, work or repair on the vehicle without the prior written consent of Muvon.
11º. The User shall be responsible for all costs and fines arising from the use of the vehicle, as well as for all sums owed for payment of infractions of the highway code and other legislation which may be imposed on the vehicle and/or its drivers. Likewise, the User must assume the cost for the processing of the fine by Muvon, as detailed in point 12 “Surcharges”.
12º. Users must respect the schedules of their reservations and inform Muvon of any delays in order to inform the next User.
13º. The User must return the vehicle to the same parking lot where it was picked up before the end of the reservation, with at least 10% autonomy, with the headlights and lights off, windows rolled up, and properly parked in the parking space reserved for this purpose and with the charging terminal connected.
14º. No smoking in the car.
15º. Not to drive drunk.
16º. Not to transport animals in the car outside their cage, with the exception of guide dogs, which may travel on a transport blanket at the feet of their owners.
17º. Muvon is not responsible for objects left behind by Users. In the event that the object is recovered by Muvon personnel, the maximum period of custody is one month from the date of its recovery. After this period, the company will not be responsible for them.
In the event of non-compliance with these obligations, the User must pay the applicable surcharges in accordance with the provisions of stipulation 12, “Surcharges”. In addition, Muvon may terminate the contract unilaterally and without notice.
3.- HOW TO BOOK A MUVON VEHICLE
The vehicle must be reserved in advance through the mobile App. The User can then use the vehicle during the reservation period by initiating the rental from the mobile App. The minimum reservation duration is one hour. The reservation will include duration (hours or days of rental duration desired) and location (location of vehicle pick-up and drop-off). Each reservation will have a specific number.
Vehicles are assigned according to the order of reservations. The availability of vehicles can be consulted through the App and by phone by calling the Muvon customer service number.
It will be possible to extend (as long as the vehicle is available) or cancel the reservation from the app and by calling the Customer Service phone number before the start of the reservation. Once the reservation has been initiated, it will also be possible to reduce the duration of the reservation from the app. These changes are subject to approval by Muvon and may incur a penalty or extra charge as stipulated in point 7 “Cancellation Policy”.
Muvon reserves the right to verify the identity of the User, and to refuse the reservation in case of doubt about the User’s identity.
Muvon will confirm the User’s reservation with a message (email and app) at the time of booking.
4.- CONDITIONS OF USE OF THE VEHICLES
The User may not lend the vehicle, even to another User, without obtaining prior written authorization from Muvon.
It is only permitted to circulate within the inter-island territory of the Balearic Islands. In the event that the User wishes to use the vehicle in Menorca, Ibiza or Formentera, he/she must request it 5 days in advance by writing to firstname.lastname@example.org.
The User undertakes to use the vehicle with due diligence, respecting the normal conditions of use, only on passable roads and complying, at all times, with the conditions and rules required by the Law and the General Traffic Regulations and the applicable municipal regulations. The User may not assign, sell, mortgage, rent the vehicle or any of its components or accessories, nor grant any other legal right over it to a third party.
Muvon vehicles may not be used for purposes for which they were not designed. The User shall be responsible for any incident that may occur due to improper use of the vehicle. In addition, this circumstance may result in the loss of insurance coverage.
- The vehicles cannot be used, among others, in the following cases:
- For paid transportation of passengers.
- To teach another person to drive.
- For the traction of another vehicle or for starting, pushing, towing or otherwise moving another vehicle.
- In a state of overload.
- To transport dangerous products of any kind.
- For journeys on non-public roads (e.g. mountain tracks or speed circuits).
- In demonstrations, demonstrations or any kind of show.
5.- VEHICLE PICK-UP AND RETURN
The Muvon fleet is available to Users in the parking lots listed in the app.
The vehicle parking spaces are reserved and unless otherwise indicated by Muvon, the User must return the vehicle to the parking space where it was picked up.
Vehicle pick-up and general condition check.
The vehicle (and its accessories) must be picked up at the parking place indicated in the reservation. For this it will be necessary to log in from the App and start the reservation. At each pick-up, and prior to the use of the vehicle the User agrees to check the condition of the exterior of the vehicle through the damage control system and state of exterior and interior cleanliness of the vehicle.
The User must check the interior and exterior condition of the vehicle by informing Muvon through the app of any damage (scratches or bumps larger than 5 cm), abnormal dirt or load level below 10% of autonomy. Such communication will exonerate the User from liability for such anomaly/s.
In addition, he/she shall check that inside the vehicle there are all the necessary accessories for the circulation of the vehicle, that is to say:
- Copy of the vehicle registration certificate
- Technical card
- Recharge card
- Car manual
- Vehicle charging cable, located in the trunk inside its case.
If the User is missing any of these documents, he/she must immediately inform Muvon and may not use the vehicle without Muvon’s prior consent.
The User shall be responsible for any anomaly (including missing documentation) which has not been reported to Muvon at the time of collection of the vehicle and which exists at the time of its return.
In the event of not being able to access the vehicle for reasons beyond Muvon’s control, the company undertakes to offer a solution within 1 hour (either an alternative vehicle or the return of the reservation). Muvon will not be responsible for any damages caused to the client due to the impossibility of accessing the service for reasons beyond the company’s control.
Return of vehicle.
At the end of the reservation period, the User is obliged to return the vehicle to its initial parking place. He/she must turn off the vehicle, verify that all the lights are turned off and the windows are closed, deposit the keys inside and connect the vehicle to the charging point.
To end his session, the User must end the trip from the app, making sure that he has sufficient battery level in his mobile device.
The User shall return the vehicle in good working order, and ready for further use by other Users, in accordance with the obligations described in stipulation 3, “Obligations of the User”.
The User shall return the vehicle at the date, time and place specified in the reservation. The User who returns a vehicle after the end of the reservation period shall be subject to the corresponding surcharges for delays provided for in Stipulation 12, “Surcharges”. Likewise, the User who returns the vehicle prior to the end of his or her reservation period accepts the conditions detailed in stipulation 7, “Service Charges”.
Muvon reserves the right to file a complaint against the User if the vehicle is not returned 5 hours after the end of the reservation period and it has not been possible to contact the User.
6.- SERVICE PRICING
The rate will be that indicated at any given time on the Muvon app. Muvon reserves the right to modify the rate of its service at any time, which modification will not be applicable to services that are being provided at the time of the aforementioned modification.
The service is billed by 1-hour slots with the following considerations:
- If a user books for 1 hour and 30 minutes, 2 hours will be charged. It is not possible to pay in fractions of half an hour.
- From 8 hours of duration, it is considered a 1 day reservation. The price of the reservation will be the same if the duration is 9 hours or 24 hours.
- From 9 hours and up to 26 hours of duration, the service is billed per day instead of per hour. The price of the reservation will be the same if the duration is 27 hours or 48 hours.
- The reservation has a fixed cost of unlocking the vehicle that is applied from the first hour of booking. This price varies according to the rate associated with each vehicle.
- In case of returning the vehicle after the specified time, the user must pay for the additional minutes at double the corresponding price. Muvon reserves the right to apply this charge or cancel the penalty.
- In case of returning the car on time but not finalizing the reservation from the application due to forgetfulness, Muvon reserves the right to apply a 5% commission on the return of the charge made automatically by the system.
In the event that the User has joined Muvon with a rate that has a User fee associated with it, the User must pay the fee corresponding to its chosen Rate Plan, in the periods and amounts specified and as expressed on the Muvon website.
Muvon is not obligated to notify the User in advance of the collection of fees, which are automatic payments that the User accepts and agrees to collect through his/her bank card or other payment method provided.
Once the monthly fee has been renewed, the refund of the fee cannot be claimed in case of cancellation of the service.
In case of change of tariff to a higher tariff during the monthly period, the proportional part used of the lower tariff will be prorated.
7.- CANCELLATION POLICY
The User may cancel his reservation up to 4 hours after the payment of the same. In this case, the User will be refunded the total amount of the reservation minus 3% corresponding to the management costs of the Platform. Once 4 hours have elapsed, the conditions of cancellation by the User will be as follows:
7.1. – If the cancellation occurs more than 48 hours before the start time of the rental:
The User will be reimbursed within 3 working days the full amount paid for the corresponding Rental Agreement minus a 3% handling fee (notwithstanding the above, if the 3% is less than 0.25 €, the reimbursable amount will be set at 0.25 €). The Owner shall not receive any compensation amount.
7.2. – If the cancellation occurs less than 48 hours before the rental start time:
(i) If the cancellation is caused by causes attributable to the User (by way of example and not limited to: non-compliance with the mandatory conditions for the rental, failure to appear at the agreed place for delivery):
– If the rental has a duration of 7 days or less, the User will be reimbursed 50% of the total amount of the rental.
– For rentals lasting more than 7 days, the User will be reimbursed 50% of the amount corresponding to the first 7 days of the rental plus the full amount corresponding to the days after the seventh day of rental.
– If credit or a voucher has been used to pay for the rental, cancellation fees will be deducted prioritizing the amount paid. If the total amount paid is less than the cancellation fees, the remaining amount shall be deducted from the coupons and credits used.
7.3. – The User may claim cancellation fees if a case of Force Majeure prevents him/her from renting the Vehicle.
8.- ADDITIONAL EXPENSES
The User must immediately inform the Customer Service Department of the loss of any accessory available in the vehicle (keys, charging cable, SD card, documentation). In any case, the loss will imply the application of the surcharge detailed for this concept in stipulation 12, “Surcharges”.
The User shall be responsible for the following expenses:
- All those necessary for the repair or replacement of the vehicle (or one of its accessories) in the event of loss, damage, degradation, or deterioration resulting from the User’s failure to comply with the terms of the contract, will be subject to compensation under the terms of stipulation 12, “Surcharges”.
- All those resulting from infractions, fines or penalties for which the User is responsible during the use of the Muvon vehicle.
- Any other damages or losses arising from the User’s failure to comply with the terms of this contract.
- Those derived from procedures for claiming and recovering amounts owed by the User to Muvon under the User contract (including administrative, banking and/or legal expenses).
The User must immediately inform Muvon of the existence of the infringement and must pay the fine or sanction directly to the competent authorities.
In the event that Muvon receives notification of the infringement directly:
- Muvon shall notify the competent authorities within 10 calendar days of the identity of the driver/offender.
- Users must at all times communicate to Muvon any modification of their data (change of residence, telephone numbers, bank details, etc.) by sending an email to email@example.com.
At the end of the reservation, the User will receive by e-mail an invoice for the reservation made that will include:
– The details of the reservation, with the breakdown of vehicle, hours and rates applied.
– The surcharges or expenses that, if applicable, are applicable in accordance with the provisions of these general conditions.
– The Value Added Tax (VAT) and any other applicable tax.
– The amount of interest for late payment, which, if any, have accrued in accordance with the provisions of the following paragraph.
To the amounts owed by the User under this contract that have not been paid in due time and form, interest will be applied corresponding to the interest for late payment published annually (with a minimum of €10), which will accrue daily on the total amounts owed to Muvon. Payments derived from the reservation periods used by a User will be made by bank card. Exceptionally, and only for companies, payment may be made by another means of payment agreed upon between the User and Muvon.
Any payment rejected by the bank will entitle Muvon to suspend access to its service until a new valid card is provided, or to terminate the contract unilaterally and without notice in the event of card fraud. In addition, Muvon may require a deposit of at least €200 as payment insurance for subsequent use by the User.
The User accepts the payments derived from his reservations that will be charged to his bank account provided by him when registering as a User. Additionally, the User accepts that his bank account will be debited automatically and without any additional notification.
The payments derived from the reservation periods used by a User will be made by debit/credit card. The User undertakes to keep his/her personal data up to date, including the data of his/her means of payment. The User shall ensure that he/she has sufficient funds in his/her current account to be able to pay for the amount of time reserved at the time of booking.
Muvon reserves the right to request a prepayment or additional deposit for future reservations in those cases where payment by bank account has been automatically rejected.
In the event of non-payment, and after one month from the issuance of the invoice, Muvon will refer the debt to a collection agency that will directly manage the file with the corresponding surcharges.
10.- INSURANCE COVERAGE AND LIABILITY
Muvon vehicles are protected by insurance, which covers, among other things, compulsory civil liability and damage to the vehicle itself.
Users may benefit from the coverage of said insurance as long as they comply with and respect all of the obligations assumed in this contract and those established in the Highway Code and other legislation applicable to the use of motor vehicles. In addition, the limitations and exclusions set forth in the insurance policy which each User may consult by contacting the Muvon office will be applicable and, therefore, opposable to the User. By way of example, damage to the vehicle itself will not be covered when the User drives under the influence of alcohol or narcotic substances or drives on unpaved roads.
With respect to the coverage of own damages, the vehicle is covered with the modality included in Muvon’s hourly rate. This modality includes an excess of 600€ which must be fully assumed by the User in the event of a claim for which he/she is responsible. This modality has no contracting cost.
The user may contract the reduction of the excess by half (300€), the cost of which will be specified in the app at the time of confirming the reservation.
The insurance will not cover damages caused to the User by the theft of personal belongings left inside the vehicle.
Likewise, the User shall be fully liable for all damages caused voluntarily or by his negligence to the vehicle or to the equipment installed on board (computer equipment, in particular).
The User shall be liable at all times for the period of immobilization of the vehicle during its repair in the workshop. The cost per day for immobilization is stipulated in the surcharges section. None of the insurance modalities exempts the User from the payment of the immobilization for the duration of the repair of the vehicle. In no case shall the cost of immobilization exceed 4 days.
Failure to comply with any of the conditions of use described in these terms and conditions shall entitle Muvon to suspend or terminate the contract with the User unilaterally and without notice.
The insurance does not cover, in any case, damages caused as a consequence of driving the vehicles in conditions not permitted by the Highway Code, amounts of fines, or damages in which the driver is a person other than the one who reserved the vehicle. In all these cases, the User, whether or not he/she is the driver, shall be responsible for all damages caused to the vehicle.
The insurance does not cover punctures, tire and rim breakage not due to wear and tear. Nor breakdowns caused by blows to the underbody, damage caused by water and mud, consequence of using the vehicle on terrain for which it is not prepared, nor damage to the upholstery not due to normal wear and tear. Users shall be fully responsible for the costs of repairing the latter and for the costs of transfer to a workshop if necessary, as stipulated in the Surcharges section.
The insurance does not cover the loss of original documentation, keys, jack, tools, spare wheel, set of triangles and any vehicle equipment.
In case of an accident with third parties involved, the amount of the excess will be charged until the condition of the vehicle is checked and the claim is made to the insurance company.
11.- IN CASE OF BREAKDOWN, ACCIDENT OR THEFT
In case of breakdown:
If during the reservation period, a problem or anomaly is detected which prevents or limits the normal operation or use of the vehicle, or which could compromise the safety of persons, the User must immediately park the vehicle. The User must contact the Muvon Assistance telephone number +34 623 188 381 to benefit from the roadside assistance provided by the insurer.
It is strictly forbidden to help another vehicle to start, whether or not the vehicle is part of the Muvon fleet.
In the event of a breakdown declared and accepted as such by Muvon, the reservation will remain in effect, without any delay surcharge, until the vehicle is delivered to the service or repair shop.
In the event of an accident, the User undertakes to:
- Put on the safety vest before leaving the vehicle, if safety and emergency conditions allow it.
- Take the necessary measures to prevent the occurrence of another accident and use the warning triangle to protect the vehicle and ensure the safety of other drivers. Likewise, the User must immediately inform the emergency services (police, civil guard, emergency and rescue services) if someone is injured.
- To inform Muvon as soon as possible (within a maximum of 5 hours) of the accident and of any intervention by the emergency services as a result of the accident.
- To draw up and send to Muvon an accident report, even if there is only material damage, detailing in an understandable and thorough manner the circumstances of the accident, its causes and, if possible, the names and addresses of the persons injured or responsible for the accident and any witnesses. The accident report shall be sent to firstname.lastname@example.org as an attached photograph. The subject of the email will be the incident number provided by Muvon. Without prejudice to the accident report, the User is obliged to communicate the description of the accident by telephone at 623 188 381 at the time of the accident. On this telephone number, the reference number to be recorded in the car’s logbook will be notified and the email will be included in the subject line. The physical copy of the report will be kept in the glove compartment.
- Provide any additional information requested by Muvon regarding the circumstances of the claim (photographs, etc.).
- To collaborate with Muvon Insurance in any way necessary and to provide complete and truthful information about the accident.
In the event of theft:
The User undertakes to inform Muvon and to report the theft of the vehicle to the Police or Civil Guard within 5 hours of becoming aware of the theft. This obligation shall also apply in the event of theft that does not involve the disappearance of the vehicle. This report must be delivered to Muvon within a maximum period of 24 hours from the date of the report. Failure to comply with this obligation will imply the non-coverage of the theft by the insurance and the consequent obligation of the User to pay the damages suffered by Muvon as a result of such non-compliance.
Smoking or vaping in the car – 50 €.
Drunk driving – 500 €.
Discharge of the battery due to misuse (e.g. headlights on) – 50 €.
Leaving the window down at the end of the reservation – 50 €.
Loss of SD card – 50 €
Loss of car documents – 250 €.
Return the car outside the station – 180 €.
Loss of recharging cable – 300 €.
Driver not authorized by Muvon – 500 €.
Towing outside the assistance included in the insurance – 180 €.
Immobilization of the vehicle due to negligence of the User – 180 € / day
Flat tire or broken tire – 300 €.
In inadequate conditions of cleanliness – 50 €.
Processing a fine (identifying the driver) – 20 €.
Costs resulting from negligent driving (e.g.: driving on an unpaved road or drunk driving) – Total cost of the repair
Muvon is not responsible for informing users about temporary or indefinite restrictions that the competent authorities may apply, especially in the ACIRE area of Palma. The user must know and comply with the traffic regulations at all times and assume the fine/s during his/her reservation in case of infraction.
13.- MODIFICATIONS TO THE CONDITIONS
In accordance with the evolution and technical needs of the service, Muvon may introduce modifications to its General Terms and Conditions and to the rules of use of the vehicles.
Muvon reserves the right to adapt or modify these General Conditions at any time.
Such modifications will be communicated to Users with due notice.
As of the date on which a modification of the General Terms and Conditions has been made, the new version may be consulted and downloaded by Users on the Muvon website www.muvon.es. The new general conditions will only be applicable to reservations made after the modification of these conditions.
14.- COMPLAINTS AND CLAIMS
Users may submit complaints and claims regarding Muvon’s car sharing service by e-mail to email@example.com or in writing to the attention of Muvon’s Customer Service Department: C/ d’En Bosc 27, bajos Local 5, 07001 Palma.
15.- NULLITY OR PARTIAL INEFFECTIVENESS AND APPLICABLE LAW
If any provision of the User contract is declared, in whole or in part, null and void, such nullity or ineffectiveness will affect only that provision or that part thereof which is null and void or ineffective, the User contract subsisting in all other respects, and such provision, or that part thereof which is null and void and ineffective, will be deemed not to have been put into effect.
The User agreement shall be governed by Spanish law. Any dispute or controversy arising, directly or indirectly, from the User agreement, including issues relating to its existence, validity, effectiveness, interpretation, performance or termination, shall be subject to the jurisdiction of the Courts and Tribunals of Palma de Mallorca.