Muvon General Terms and Conditions

Nova Mobilitat Compartida S.L.N.E. 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. You will be part of a club in which each User will be able to use the car chosen from half an hour to as long as needed, with use being invoiced in fractions of 30 minutes. Being a User requires the acceptance of these General Conditions when registering, which will allow you to hire the car when you need it, quickly and easily.

The vehicle’s assistance services are those provided by your insurer and by the manufacturers of the vehicles that make up its fleet.

The User must respect not only the car, but also the other Users of the club. The General Terms and Conditions set out below protect not only their own interests but also the interests of the club and other Users. Muvon undertakes to maintain its fleet in good working order and cleanliness, with tyres in a suitable condition for the circulation and safety of its Users. Muvon carries out regular checks of vehicles in accordance with the manufacturer’s specifications. The procedures established by Muvon enable any irregularities to be reported promptly by Users and by employees in charge of maintenance. Muvon’s car sharing service is based on the respect of common rules by Users, and in particular the reserved time slots.

To find out more about how the system works and the conditions to be met as a User and renter, we encourage you to review our FAQ section, available on our website https://www.muvon.es/faq/.

You can also visit us at C/ d’En Bosc 27 bajos Local 5, Palma or write to us at contacto@muvon.es.

DEFINITION

“User” refers to any natural or legal person who accepts these General Terms and Conditions and who is registered in our Eccocar reservation system.

“Vehicle” refers to the fleet of vehicles made available by Muvon or the vehicle used by the User.

“App” refers to the web app necessary to make the reservation and subsequent access of the vehicles. The Muvon App is available for Android and Apple platforms in their respective shops.

“Accessories” refers to all equipment enabling access to and use of the vehicle: radio, vehicle antenna, USB cable, insurance certificate, copy of registration certificate, accident declaration, car mats, puncture repair kit, safety waistcoat, warning triangles, charging cable, SD card.

“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 User 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 may have access to a Muvon vehicle in accordance with the reservation made from the App or through the Muvon.eccocar.com website.

STIPULATIONS

1.- CONDITIONS FOR REGISTRATION

Any person aged 20 years or older, with a valid driving licence valid in Spain and valid for at least two (2) years, may register.

The documentation required for registration, unless otherwise specified on the website www.muvon.es will be as follows:

  • Copy of driving licence (valid in the EU and in force).
  • Bank credit or debit card, against which Muvon will charge the User’s use of the service.
  • Copy of valid identity document (ID card or passport).

The User guarantees that the information and documents provided are true.

Muvon reserves the right to suspend or cancel the present contract upon 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. Suspension or expiry of the driving licence must be notified immediately, and the User will be suspended from the service for the time necessary for the duration of the suspension or renewal of the licence.

2.- Muvon APP

The User will use the Muvon “App” to make his or her reservation, as well as to access his or her vehicle and complete the service at the reserved time. The user may modify this information at any time or by writing to contacto@muvon.es.

3.- OBLIGATIONS OF THE USER

1. Each User will access the reserved car using the App. The vehicle will be returned to the same garage, 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 undertakes to park the vehicle in a safe place and to lock the vehicle with the app until the end of the reservation.

4º. The User must notify Muvon immediately of the loss of their mobile terminal if they are 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, including at any stops made during the journey prior to the end of the journey.

6º. The User must ensure that the vehicle is correctly charged while using it, undertaking to return it with at least 30 km of autonomy and making use of the charging stations available on the island, whether they are part of the MELIB network or other stations available in public or private establishments.

6ºA. To make use of the MELIB network chargers, the use of which is free of charge (June 2021), the User shall use the card found in the glove compartment. This card is non-transferable and is registered to the vehicle linked to the reservation, and cannot be used to charge another vehicle. You can also download the MELIB app and use the account linked to each vehicle to activate and deactivate the chargers. The User may access a map of MELIB stations at the URL https://www.tib.org/ximelib/public/map.xhtml to consult their availability in real time.

7º. The User must immediately inform Muvon by calling Muvon’s Customer Service Department of any anomaly or fault (internal or external) of which he or she becomes aware with respect to the vehicle. The User undertakes 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 shall be responsible for any deterioration suffered by one or more tyres of the vehicle due to causes other than normal use. In the event of disappearance, the price of the tyre will be invoiced to the User immediately after the disappearance of the tyre.

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, fines and taxes deriving from the use of the vehicle, as well as for all sums due for payment of infractions of the highway code and other legislation which may be imposed on the vehicle and/or its drivers.

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 car park where it was collected before the end of the reservation, and with at least 30 km of autonomy, with the headlights and lights off, correctly 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 while intoxicated.

16º. Not to transport animals in the car outside their cages, with the exception of guide dogs, which may travel at the feet of their owners.

17º. Muvon is not responsible for objects forgotten by Users. In the event that said 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 held responsible for them, and they will be destroyed.

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.

Users are responsible for all violations of the highway code committed during the vehicle reservation period.

The User must immediately inform Muvon of the existence of the infraction and must pay the fine or penalty directly to the competent authorities.

In the event that Muvon receives notification of the infringement directly:

  • Muvon will notify the competent authorities within 10 calendar days of the identity of the driver/offender.
  • Users must at all times notify Muvon of any change in their details (change of residence, telephone numbers, bank details, etc.) by sending an email to contacto@muvon.es.

4.- HOW TO RESERVE A MUVON VEHICLE

The vehicle must first be reserved through the App, either from the desktop or mobile version.

The User can then use the vehicle for the duration of the reservation.

Reservations can be created, modified or cancelled:

  • 24 hours a day on the Muvon app and via mobile phones and devices with an internet connection, by logging into their personal space with the personal identifier and passwords.

The Vehicle may only be used during the booking period. The minimum booking duration is half an hour (30′).

Vehicles are allocated in the order in which they are booked. The availability of the vehicles can be consulted through the App.

To extend a reservation it will be necessary to call Muvon to do it or to cancel the current reservation and create a new one, assuming the costs derived in case of extension.

The reservation will include duration (hours or days of rental duration desired) and place (location of the pick-up and return of the vehicle). Each reservation will have a specific number.

Muvon reserves the right to verify the identity of the User, and to refuse the reservation in the event of doubt as to his or her identity.

Muvon will confirm the User’s reservation with a message at the time of booking.

Modifying a reservation.

Users may modify a reservation 24 hours a day by contacting Muvon by phone or email. An ongoing reservation may be extended as long as the vehicle has not been reserved by another User at the end of the initial reservation. A booking cannot be cancelled once the scheduled start time has been reached.

5.- 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 island territory of Mallorca.

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 standards required by the Law and the General Road Traffic Regulations and the applicable municipal regulations. The User may not assign, sell, mortgage, rent the vehicle or any of its components or accessories or grant any other legal right over it to a third party.

The User may not use or permit the use of the vehicle:

  • For paid passenger transport.
  • To teach another person to drive.

The vehicle may never be loaded with excess weight.

Muvon vehicles may not be used for uses for which they were not designed. The User will be responsible for any incident which may occur as a result of incorrect use of the vehicle. In addition, this circumstance may result in the loss of insurance coverage. The vehicles may not be used, among others, in the following cases:

  • For the traction of another vehicle nor for, starting, pushing, towing or moving another vehicle in any other way.
  • In an overloaded state.
  • For transporting dangerous goods of any kind.
  • For journeys on non-public roads (e.g. mountain tracks or speed circuits).
  • During demonstrations, demonstrations or any kind of show.

6.- COLLECTION AND RETURN OF THE VEHICLE

The Muvon fleet is available to Users in the car parks detailed in the app.

The parking spaces for the vehicles are reserved, and unless otherwise indicated by Muvon, the User must return the vehicle to the parking space where it was collected.

Collection of the vehicle and review of its general condition.
The vehicle (and its accessories) must be collected from the parking space indicated in the reservation. To do so, you will need to log in from the App and start the booking. At each collection, and prior to the use of the vehicle, the User undertakes to check the condition of the exterior of the vehicle through the damage control system. In addition, he/she will check that all the necessary documents for the circulation of the vehicle are inside the vehicle, that is to say:

  • copy of the vehicle registration certificate
  • technical data sheet
  • recharge card
  • car manual
  • Vehicle charging cable, located in the boot inside its case.

If the User should be missing any of these documents, he/she must immediately inform Muvon and may not use the vehicle without the prior consent of Muvon.

The User must check the interior and exterior condition of the vehicle by informing Muvon via the app of:

  • damage (scratches or dents greater than 5 cm in size)
  • abnormal dirt
  • charge level below 30 km of autonomy.

Such notification shall exonerate the User from liability for such anomaly(s).

The User shall be responsible for any anomaly (including the lack of 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 30 minutes (either an alternative vehicle or the return of the reservation). Muvon will not be held 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 the vehicle.

At the end of the reservation period, the User is obliged to return the vehicle to its original parking place. He/she must turn off the vehicle, check that all lights are off, windows are closed and mirrors are folded.

To end their session, the User must end the journey from the app, making sure that they have sufficient battery power on their 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 on the date, at the time and at the place specified in the reservation. The User who returns a vehicle after the end of his booking period shall be liable to pay the corresponding surcharges for late return as stipulated 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.

7.- PRICING OF THE SERVICE

Rate for fractions of 15 minutes.

The rate will be that indicated at any given time in the “Rates” section of the Muvon website www.muvon.es.

Muvon reserves the right to modify the price of its service at any time, a modification which will not be applicable to services which are being provided at the time of the aforementioned modification.

The service is billed by 15-minute slots with the following considerations:

If a User makes a booking during a 15-minute time slot, it will be billed from the following time slot (e.g. from 10:01 to 10:15, it will be billed from 10:15). In other words, the User will be able to access his vehicle during the 14 minutes prior to the start of his reservation.

In the event of returning the vehicle after the time specified in the reservation, and not having notified Muvon of the extension of the reservation at least 15 minutes prior to the end of the reservation, the User will be charged for each additional 15 minutes at double the corresponding price.

User Fee.

In the event that the User has joined Muvon with a tariff which has a User fee associated with it, the User must pay the fee corresponding to their chosen Tariff 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 which the User accepts and agrees to be charged through his or her bank card or other payment method provided.

Once the monthly fee has been renewed, no refund of the fee may be claimed in the event of termination of the service.
In the event of a change of tariff to a higher tariff during the monthly period, the proportional part used of the lower tariff will be prorated.

7.1.- CANCELLATION POLICY

The user may cancel their reservation at no cost up to 24 hours prior to the start of the reservation from their account in the Muvon app. If cancelled less than 24 hours in advance and up to one hour before the start of the booking, the user will be entitled to compensation of 50% of the rate paid.

Bookings cancelled less than one hour before the start of the booking will not be credited.

In all cases the commission percentage applied by the payment gateway will be deducted. Depending on the type of card used during the booking, this will vary between 2.5% for European cards and 3.2% for non-European cards.

8.- ADDITIONAL EXPENSES

The User must immediately inform the Customer Service Department of the loss of any accessory available in the vehicle (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”.

Other expenses.

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 non-compliance with the conditions of the contract, shall 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 breach by the User of the terms of this contract.
  • Those arising from procedures for claiming and recovering amounts owed by the User to Muvon under the User contract (including administrative, banking and/or legal costs).

9.- INVOICING

At the end of the reservation, the User will receive by e-mail an invoice for the reservation made which will include:

– The details of the booking, which will include a breakdown of the vehicle, times and rates applied.

– The surcharges or expenses that, where applicable, are applicable in accordance with the provisions of these general conditions.

– Value Added Tax (VAT) and any other applicable tax.

– The amount of interest for late payment, which, where applicable, has accrued in accordance with the provisions of the following paragraph.

To the amounts owed by the User under this contract which 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 arising from the booking 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 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 case of card fraud. In addition, Muvon may require a deposit of at least €200 as payment insurance for subsequent use by the User.

Method of payment.

The User accepts the payments derived from his or her reservations which will be charged to the bank account provided by the User when registering as a User. In addition, the User accepts that his or her bank account will be debited with the fees corresponding to his or her Tariff Plan automatically and without any additional notification being necessary.

Payments derived from the booking periods used by a User will be made by debit/credit card. The User undertakes to keep his/her personal details, including the details of his/her means of payment, up to date. The User will ensure that he/she has a sufficient balance 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.

Muvon does not directly or indirectly manage any bank details, guaranteeing that the payment process is carried out by a secure third-party payment gateway. Said payment gateway and the data it manages are conveniently listed in the Privacy Policy.

In the event of non-payment, and after one month has elapsed since the issue of the invoice, Muvon will refer the debt to a collection entity which will deal directly with the management of the file with its 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 out 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 is driving under the influence of alcohol or narcotic substances.

With regard to coverage for damage to the vehicle itself, the vehicle is covered under the modality included in Muvon’s hourly rate: This type includes an excess of €300 which must be borne in full by the User in the event of an accident for which he/she is responsible. There is no contracting cost for this type of cover.

For damage requiring repair for an amount less than the deductible, the User will only be invoiced for the amount of the repair, and upon the User’s request, Muvon will make available to him/her the estimate prepared by the garage for the repair of the damage caused. Muvon will have complete freedom to carry out the repair of the vehicle when it deems necessary and in accordance with the schedule for the reservation of the cars.

The insurance policy does not cover damage caused to the User by the theft of personal objects left inside the vehicle.

Likewise, the User shall be fully liable for any damage caused voluntarily or through negligence to the vehicle or to the equipment installed on board (in particular computer equipment).

For the repair of its vehicles, Muvon reserves the right to use only repair workshops approved by the vehicle manufacturer.

The User shall be liable at all times for the period during which the vehicle is immobilised for the duration of its repair in the workshop. The cost per day for immobilisation is stipulated in the surcharges section. None of the types of insurance exempts the User from the payment of the immobilisation for the duration of the repair of the vehicle. In no case shall the cost of immobilisation exceed 4 days.

Failure to comply with one of the conditions of use described in these conditions will entitle Muvon to unilaterally suspend or terminate the contract with the User without notice.

The insurance does not cover, in any case, damage caused as a consequence of driving the vehicles in conditions which are not permitted under the Highway Code, amounts of fines, or damage in which the driver is someone other than the person who reserved the vehicle. In all these cases, the User, whether or not he/she is the driver, will be responsible for all damages caused to the vehicle.

The insurance does not cover punctures, tyre and wheel rim breakages not due to wear and tear. Nor breakdowns caused by blows to the underbody, damage caused by water and mud, as a 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.

The insurance does not cover the loss of original documentation, keys, jack, tools, spare wheel, set of triangles and any vehicle equipment.
In the event of an accident, the amount of the excess will be charged until the condition of the vehicle has been checked and a claim has been made against the insurance company.

11.- IN CASE OF BREAKDOWN, ACCIDENT OR THEFT


In the event of breakdown:

If, during the reservation period, a problem or anomaly is detected that prevents or limits the normal operation or use of the vehicle, or that could compromise the safety of persons, the User must immediately park the vehicle. The User must contact the Muvon Assistance telephone number 623 188 381 to benefit from the roadside assistance provided by the insurer. Excluded from these benefits are expenses arising from changing a wheel, loss of card and key, card locked in the vehicle, objects lost or forgotten in the vehicle. These expenses must be borne in their entirety by the User. Muvon will provide the User with towing assistance whenever the breakdown or puncture so requires. In the event that the breakdown is due to a vehicle without a battery or flat tyre, caused by the misuse of the User, the User must pay the towing assistance costs stipulated in the Surcharges section.

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 force, without any surcharge for delay, until the vehicle is delivered to the service or repair workshop.

In the event of an accident, the User undertakes to:

  • put on the safety waistcoat before leaving the vehicle, if safety and emergency conditions permit.
  • 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.
  • 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 in the event that there is only material damage, detailing in a comprehensible and detailed 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 contacto@muvon.es as an attached photograph. The subject of the email shall 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 on 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 subject of the email. The physical copy of the report will be kept in the glove compartment.
    provide any additional information requested by Muvon in relation to the circumstances of the claim (photographs, etc.).
  • collaborate with Muvon Insurance in any way necessary and 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 it. This obligation shall also apply in the case of theft which 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 for damages suffered by Muvon as a result of said non-compliance.

12.- CHARGES

Smoking in the car 30 €
Drunk driving 500 €
Battery discharge due to misuse 30 €
Transporting animals out of a carrier 100 €
Loss of SD card 40 €
Loss of car documents 250 €
Lost charging cable 200 €
Driver not authorised by Muvon 500 €
Towing outside the assistance included in the insurance policy 110 €
Immobilisation of the vehicle due to negligence on the part of the User 150 €
In inadequate conditions of cleanliness 30 €
Processing a fine (plus the amount of the penalty) 20 €

13.- MODIFICATIONS TO THE CONDITIONS

In accordance with the evolution and technical needs of the service, Muvon may introduce modifications to its General 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 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 said conditions.

14.- COMPLAINTS AND CLAIMS

Users may submit complaints and claims regarding Muvon’s car sharing service by e-mail to the address contacto@muvon.es 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 stipulation of the User contract is declared, totally or partially, null and void, such nullity or ineffectiveness will affect only that stipulation or that part thereof which is null and void or ineffective, with the User contract subsisting in all other respects, and such stipulation, or that part thereof which is null and void and ineffective, being deemed not to have been put into effect.

The User contract shall be governed by Spanish law. All litigation controversy that derives, directly or indirectly, from the User contract, including the questions relative to its existence, validity, effectiveness, interpretation, fulfilment or resolution, will be submitted to the jurisdiction of the Courts and Tribunals of Palma de Mallorca.

www.muvon.es | NOVA MOBILITAT COMPARTIDA SLNE , with registered office in Palma de Mallorca, calle Sol 28, nº 3B, CIF number B16576613, telephone +34623188381, e-mail contacto@muvon.es, registered in the Companies Register of Palma de Mallorca in Volume 2380, Folio 64, Section 9, Page 84210, Inscription 1.

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