Terms and conditions of Muvon

Nova Mobilitat Compartida SLNE proposes a carsharing service under the name of Muvon. Being a Muvon user allows you to have a car for hours at your choice and according to availability at the time of booking. Will be part of a club in which each user can use the chosen car from half an hour to the time you need, invoicing its use in fractions of 30 minutes. Being a User requires acceptance of these General Conditions upon registration, which will allow you to rent the car when you need it, quickly and easily.

The vehicle assistance services are those provided by the insurer and by the vehicle manufacturers that conforms our fleet.

The User must respect not only the car, but also the other Users of the club. The General Conditions set forth below protect not only your own interests but also the interests of the club and the other Users. Muvon is committed to keeping its fleet in good working condition and clean, with tires in suitable conditions for the circulation and safety of its Users. Muvon conducts regular checks of the vehicles. The procedures established by Muvon allow any irregularity to be reported quickly by the Users and by the employees in charge of the maintenance. The car sharing service (carsharing) of Muvon is based on the respect of the common rules by the Users, and especially of the reserved time slots.

To know in more detail the operation of the system and the conditions that must be met as User and tenant, we encourage you to review our section of frequently asked questions, available on our website https://www.muvon.es/en/faq/ .

You can also visit us or write us at C / Sant Pere Nolasc 7A, Palma or contacto@muvon.es

DEFINITION

“User” refers to any individual or legal entity that accepts these General Conditions and is registered in our ZEMTU reservation system.

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

“App” refers to the web app needed to make the reservation and subsequent access of vehicles. The Muvon App does not need to be downloaded to the User’s device, being sufficient to add the access page to the device’s home screen as a direct link.

“Accessories” refer to all equipment that allows access and use of the vehicle: card / car key, radio, vehicle antenna, USB cable, insurance certificate, copy of the registration certificate, accident declaration, car diary, Car mats, puncture repair kit, safety vest, signaling triangles, charging cable, SD card.

” Customer Service ” refers to the telephone number made available to Users in the car manual and on the Muvon website that may be used to indicate any anomaly and receive assistance from the muvon team.

“Diary of the car” refers to the internal notebook of each vehicle, located in the glove compartment, where Users commit to write any anomaly concerning the vehicle (abnormal dirt, damage, low battery level, inventory, …) thus putting this information in the knowledge of muvon.

“Quick Guide of Use” refers to the brief guide that is 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 the customer service of muvon is detailed.

“Reservation period” refers to the time during which the User may dispose of a Muvon vehicle according to the reservation made from the App or through the website muvon.zemtu.com

STIPULATIONS

1.- CONDITIONS TO SIGN UP

Any person over 27 years of age can register at Muvon with a driving license valid in the EU and with a minimum of two (2) years.

The necessary documentation to register, until otherwise specified on the web www.muvon.es will be the following:

• Copy of driving license (valid in the EU and in operative).

• Bank account number, against which Muvon will charge the uses that the User makes of the service.

• Completed registration form

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

Muvon reserves the right to suspend or cancel this contract due to the suspicion of falsified documentation, or incomplete and / or inaccurate information. The User must inform within 15 calendar days about any modification of their data. The suspension or expiration of the driving license must be notified immediately and the User will be suspended from the service for the time necessary for the suspension or renewal of the permit.

2.- APP MUVON

The User will use the Muvon “App” to make his reservation, as well as access his vehicle and end the service during the reserved time. From the same app, the User may offer to share a trip to other Users if they wish, provided that they have agreed to share their personal data during the registration process. The user may modify said data at any time by writing to contacto@muvon.es and specifying the level of privacy of his account.

3.- OBLIGATIONS OF THE USER

1º. Each user will access the reserved car using the App. The vehicle will be returned to the same garage, and will be closed in the same way. During the time of reservation and until its return, the User has complete custody of the vehicle and is responsible for it during its use. It is also responsible for the keys, the vehicle’s documentation and all its accessories.

2nd. 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 close the vehicle with the key of the car until the end of his reservation.

4th The User must inform Muvon immediately of the loss of the car key, as well as of his mobile terminal in case of being logged in at the time of the theft or loss.

5th The User must leave the accessories of the vehicle inside the vehicle at all times, even at the stops he makes on his trip before the end of it.

6th. The User must guarantee the correct loading of the vehicle while using it, committing to return it with at least 30 km of autonomy and making use of the charging stations available on the island, either from the MELIB network or from other stations available on the island. public or private establishments.

6ºA. To make use of the chargers of the MELIB network, whose use is free, the User will use the card that will be found in the glove compartment. This card is non-transferable and is registered to the vehicle linked to the reservation, and can not be used to load another vehicle. The User can access a map of MELIB stations in the URL https://www.tib.org/ximelib/public/map.xhtml to check availability in real time.

7th The User must inform Muvon immediately by calling the Muvon Customer Service Department for any anomaly or failure (internal or external) that he or she has knowledge of regarding the vehicle. The User agrees not to use the vehicle if it does not present normal safety conditions.

8th The User is responsible for the state 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.

9th The User will be responsible for the deterioration suffered by one or more tires of the vehicle for causes other than their normal use. In case of disappearance, the price of the tire will be invoiced to the User immediately after the disappearance.

10º.The user can not perform any intervention, work or repair of the vehicle without the prior written consent of muvon.

11th The User will be responsible for all expenses, fines and taxes derived from the use of the vehicle, as well as all sums due for payment of infractions of the traffic code and other legislation that was imposed on the vehicle and / or its drivers.

12th Users must respect the schedules of their reservations and inform Muvon of any delay in order to inform the next user.

13th The User must return the vehicle in the same parking lot where it was collected before the end of the reservation, and with at least 30 km of autonomy, with the lights and lights off, correctly parked and in the parking space reserved for that purpose.

14th Do not smoke in the car.

15th Do not drive while intoxicated.

16th Do not transport animals in the car outside their cage, except for guide dogs, which may travel at the feet of their owners.

17th Muvon is not responsible for the objects forgotten by the Users. In case of being, said object, recovered by the staff of muvon, the maximum term of custody is one month from the date of its recovery. After this period, the company will not be responsible for them, being these destroyed.

In case of not fulfilling these obligations, the User must face the surcharges that were applicable in accordance with the provisions of stipulation 14, “surcharges”. Additionally, Muvon may terminate the contract unilaterally and without any notice.

Users are responsible for all infractions of the traffic code committed during the vehicle reservation period. In particular, Users will have to assume the infractions for bad parking, for speeding or for the use of lanes enabled for the exclusive circulation of buses.

The User must immediately inform Muvon of the existence of the infringement and must pay the competent authorities directly the fine or sanction.

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

Muvon will notify the competent authorities of the identity of the driver / offender within 10 calendar days.

• The Users must at all times inform Muvon of any modification of their data (change of residence, telephone numbers, bank details, etc.) by sending an email to contacto@muvon.es

4.- HOW TO BOOK A MUVON VEHICLE

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

The User can then use the vehicle during the period of the reservation.

The creation, modification or cancellation of reservations can be done:

24 hours a day on the website of Muvon and through mobile phones and devices with Internet connection, entering your personal space with the identifier and personal passwords.

The user can see from the app (only in the desktop version) at the time of booking an estimate of the reservation costs associated with their rate.

The Vehicle may be used only during the reservation period. The minimum reserve duration is half an hour (30 ‘).

Vehicles are assigned respecting the order of the reservations. The availability of vehicles can be consulted through the App.

Expansions of reservations are made in fractions of 30 minutes.

The reservation will include identity information according to the level of privacy approved by the User, duration (hours or days of desired rental duration) and location (location of collection 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 reject the reservation in case of doubt about their identity.

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

Modify a reservation

Users can cancel or modify a reservation 24 hours a day in muvon.es or in the App, accessing in both cases with their personal identifier and password. A reservation in progress may be extended as long as the vehicle has not been reserved by another User at the end of the initial reservation. A reservation can not be canceled once the scheduled start time has been reached. If you can in this case make an early return of the vehicle.

5.- CONDITIONS OF USE FOR THE VEHICLES

The User may not lend the vehicle, nor even to another User, without obtaining the prior written authorization of muvon.

It is only allowed to travel in the insular territory of Mallorca.

The User agrees 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 Circulation Regulations and regulations. applicable municipal The User may not assign, sell, mortgage, rent the vehicle or any of its components or accessories or grant a third party any other legal right over it.

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

• For paid passenger transport.

• To teach someone else how to drive.

The vehicle should never be loaded with excess weight.

Muvon vehicles can not be used for uses for which they have not been designed. The User will be responsible for any incident that may occur due to the incorrect use of the vehicle. Additionally, this circumstance may be accompanied by the loss of coverage by the insurance. Vehicles can not be used, among others, in the following cases:

To drive another vehicle or to start, push, tow or otherwise move another vehicle.

• In overload condition.

• To transport dangerous products of any kind.

For journeys on non-public roads (for example, mountain tracks or speed circuits).

• In demonstrations, demonstrations or any kind of show.

6. COLLECTION AND RETURN OF THE VEHICLE

The Muvon fleet is available to the Users in the car parks detailed on the Muvon website www.muvon.es and in the app.

The parking spaces of the vehicles are reserved and unless otherwise indicated by muvon, the User must return the vehicle in the place where it was collected.

Vehicle pick-up and review of general condition.

The collection of the vehicle (and its accessories) must be made at the parking place indicated in the reservation. For this it will be necessary to pass the Muvon or TTP Card in front of the reader located on the windshield of the vehicle. At each collection, and prior to the use of the vehicle, the User undertakes to verify that all the necessary documents for vehicle circulation are found inside the vehicle, that is:

Copy of the registration certificate

Technical sheet

MELIB card

Car diary

Car manual

USB charging cables (Apple, USB-C, mini-USB)

Vehicle charging cable, located in the trunk inside its case.

If the User misses any of these documents, he must immediately inform Muvon and he can not use the vehicle without the prior consent of muvon.

The User must check the internal and external state of the vehicle informing muvon, prior to the use of the same, of any anomaly that is not noted in the car diary:

Damage

Doubt about the condition of the vehicle

Abnormal dirt

Batery level below 30 km of autonom

Muvon will communicate to the User an incident number that must be noted in the car diary as proof of the communication of the anomaly, releasing the User from liability for said anomaly.

The User will be responsible for any anomaly (including lack of documentation) that has not been communicated to Muvon at the time of collection of the vehicle and that exists at the time of return.

In case of not being able to access the vehicle for own reasons a muvon, the company is committed to offer a solution within 30 minutes (either alternative vehicle or cancellation of the reservation). Muvon will not be responsible for the damages caused to the client due to the impossibility of accessing the service due to causes beyond the control of the company.

Return of vehicle.

The end of the reservation period implies the User’s obligation to return the vehicle to its initial parking place. You must turn off the engine, remove the keys from the contact leaving them in your glove box, verify that all the lights are off and fold the mirrors using the electric control.

To end your session, the User must end the trip from the app, making sure to have enough battery level in his device.

The User must return the vehicle in good working order, and ready for the subsequent use of other Users, in accordance with the obligations described in stipulation 3, “Obligations of the User”.

The User must return the vehicle on the date, time and place provided in the reservation. The User who returns a vehicle after the end of his reservation period must face the corresponding surcharges for delay provided in stipulation 14, “Surcharges”.Likewise, the User who returns the vehicle prior to the end of its reservation period will be entitled to the compensation for early return detailed in the stipulation 7, “Service Charge”.

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 communicate with the User.

7. SERVICE TARIFF

User Fee.

In the event that the User has joined Muvon with a fee associated with a User fee, they must pay the corresponding fee to their chosen Rate Plan, in the periods and amounts specified and as expressed on the page. Muvon website.

Muvon is not obliged to notify the User beforehand of the fees that are automatic payments that the User accepts and accesses their collection through their bank card or other payment method provided.

Once the monthly payment has been renewed, the refund of the fee can not be claimed if the service is canceled.

In the event of a rate change to a higher one during the monthly period, the proportional part of the lower rate will be prorated.

Rate for fractions of 30 minutes.

The rate will be indicated at all times in the “Rates” section included in the Muvon website www.muvon.es

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

The service is invoiced by 30-minute slots and always taking into account the 30-minute window where the end-of-reservation time is (for example, the closing time of 3:35 p.m. will be billed until 4:00 p.m.)

The User, through his personal web space or the App, may make reservations of up to 2 months.

• In case of returning the vehicle after the time specified in the reservation, and not having notified Muvon of the extension at least 30 minutes before its completion, the User must pay each fraction of 30 minutes at the price corresponding to his plan and schedule.

Choice and / or modification of tariff plan.

At the time of registration, the User will choose the plan that best suits their mobility needs. A change of plan will imply the immediate payment of the fee of the new chosen rate. In the event that the new plan has no associated fee, the previously paid fee will not be reimbursed.

8. ADDITIONAL EXPENSES

The User must immediately notify the Customer Service of the loss of the MELIB card. In any case, the loss will imply the application of the detailed surcharge for this concept in stipulation 14, “Surcharges”.

Other expenses.

The User must take charge of the following expenses:

• all those necessary for the repair or replacement of the vehicle (or one of its accessories) in case of loss, damage, degradation, or deterioration resulting from the breach by the User of the contract conditions, will be subject to compensation under the terms of the stipulation 14, “Surcharges”.

• all those derived from infractions, fines or sanctions for which the User is responsible during the use of the muvon vehicle.

• any other damage or harm arising from the breach by the User of the terms of this contract.

• Derivatives of claim procedures and recovery of amounts owed by the User to Muvon under the User’s contract (including administrative, banking and / or legal expenses).

9. BILLING

From the first fortnight of each month, the User will have access in his User area within muvon.es to an invoice that will include:

– The detail of the reservation periods used by the User during the immediately previous month that will include the breakdown of hours and rates applied.

– 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 default interest, which, if applicable, has been accrued in accordance with the provisions of the following paragraph.

The amounts owed by the User under this contract that have not been paid in time and form will be subject to an interest corresponding to the late payment interest published annually (with a minimum of € 10) that will be accrued daily on all of the Amounts due to muvon. The payments derived from the reservation periods used by a User will be made through bank debit.Exceptionally and only for companies may be charged 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 terminate the contract unilaterally and without prior notice in case of card fraud. In addition, Muvon may require a deposit of at least € 200 on deposit as payment insurance for subsequent uses by the User.

Way to pay.

The User accepts the payments derived from his reserves that will be charged to him in his bank account facilitated by the same in his discharge of User. Additionally, the User accepts the charge in his bank account of the fees corresponding to his Rate Plan automatically and without additional notification being necessary.

Payments derived from the reservation periods used by a User will be made by debiting the account. The User agrees to keep their personal data updated, including the data of their means of payment. The User will ensure that in his current account he has sufficient balance to be able to pay at the time of booking the amount of time reserved, plus possible extensions of the duration of his rental to be made ..

Muvon reserves the right to request a prepayment or additional deposit for future reservations in those cases where the payment by bank account has been automatically rejected.

The User authorizes Muvon to keep the bank details provided when registering. The information provided will be archived on an audited server with an SSL certificate to prevent the publication or unauthorized use of credit card data and to protect the confidentiality of your personal information. At the time of registration, Muvon may verify the validity of the account by making a charge of € 1 which will be automatically reimbursed to the User.

In case of non-payment, and one month after issuing the invoice, Muvon will transfer the debt to a collection entity that will directly deal with the management of the file with its corresponding surcharges.

10. INSURANCE COVERAGE AND RESPONSIBILITY

Muvon vehicles are protected by insurance, which covers, among others, the mandatory civil liability and the damage to the vehicle itself.

The Users may benefit from the coverage of said insurance provided they comply with and respect all the obligations assumed in this contract and those established in the Traffic Code, and other legislation applicable to the use of motor vehicles. Additionally, the limitations and exclusions foreseen in the insurance policy that each User can consult by going to the office of muvon will be applicable and, therefore, opposable to the User. As an example, damages to the vehicle will not be covered when the user drives under the influence of alcohol or narcotic substances.

With respect to the coverage of own damages, the vehicle is covered by the modality included in the hourly rate of muvon: This modality includes a franchise of 300 € that must be fully assumed by the User in the event of being responsible for it. This modality has no contracting cost.

For damages that require a repair for an amount less than the franchise, only the User will be billed the amount of the repair and upon request of the User, Muvon will make available to you the budget made by the workshop for the repair of the damage caused. Muvon will have full freedom to carry out the repair of the vehicle when it deems necessary and in accordance with the booking schedule of the cars.

The insurance will not cover the damages produced to the User due to the theft of personal objects forgotten inside the vehicle.

The insurance policy will not cover the damages on the tires. Users will be fully responsible for the repair costs of the latter.

Likewise, the User will be fully responsible for all damages caused voluntarily or for their negligence to the vehicle or to the equipment installed on board (computer equipment, in particular).

For the repair of your vehicles, Muvon reserves the right to use exclusively repair shops accredited by the vehicle manufacturer.

The User must respond at all times of the period of immobilization of the vehicle while it lasts its repair in the workshop. The cost per day for immobilization is stipulated in the surcharges section. None of the modalities of the insurance exempts the User from the payment of the immobilization while the repair of the vehicle lasts. In no case the cost of the immobilization will be greater than 4 days.

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

The insurance does not cover, in any case, the damage produced as a result of the driving of the vehicles in conditions not allowed in the Traffic Code, amounts of fines or those damages in which the driver is a different person than the one reserved by the vehicle. In all these cases, the User, whether or not the driver, will be responsible for all the damages produced in the vehicle.

The insurance does not cover punctures, broken tires and rims not due to wear of them. No breakdowns caused by knocks on the ground, damage caused by water and mud, as a result of using the vehicle on land for which it is not prepared. Neither 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 case of accident, the amount of the franchise will be charged until checking the status of the vehicle and making the claim to the opposite company.

11. IN CASE OF A FAILURE, ACCIDENT OR THEFT

In case of breakdown:

If, during the reservation period, a problem or anomaly is detected that prevents or limits the operation or normal use of the vehicle, or that could compromise the safety of the persons, the User must immediately park the vehicle. The User must contact the Muvon Assistance telephone +34 623 188 381 to benefit from the roadside assistance provided by the insurer. Excluded from these benefits are the expenses derived from changing the wheel, loss of card and key, card locked in the vehicle, lost or forgotten objects in the vehicle. These expenses must be borne in full by the User. Muvon will provide the User with crane assistance whenever the breakdown or puncture requires it. In the event that the breakdown is due to a vehicle without a battery or puncture, caused by the User’s misuse, the User shall pay the crane assistance costs stipulated in the Surcharges section.

It is strictly forbidden to help another vehicle to start, even if the vehicle is part of the mule fleet or not.

In the event of a breakdown declared and accepted as such by muvon, the reservation will remain in force, with no surcharge for any delay, until the delivery of the vehicle to the service or repairs workshop.

In case of accident, the User agrees to:

wear the safety vest before leaving the vehicle, if safety and emergency conditions allow it.

• adopt the necessary measures to avoid the occurrence of another accident and make use of the signaling triangle to protect the vehicle and guarantee the safety of the rest of the drivers. Likewise, the User must immediately inform the emergency services (police, civil guard, emergency service and rescue) if someone is injured.

• inform Muvon as soon as possible (within a maximum period of 5 hours) of the accident and any intervention by the emergency services as a result of the accident.

• write and send an accident report to Muvon, even if there is only material damage, in which the circumstances of the accident, its causes and, if possible, the name and address of the accident victims are explained in a comprehensible and thorough manner. injured people or those responsible for the accident and witnesses. The accident part will be sent to contacto@muvon.es as picture attached. The subject of the email will be the incident number provided by muvon. Without prejudice to the accident, the User is obliged to telephone +34 623 188 381 at the time of the incident the description thereof. In this phone you will be notified of the reference number to be registered in the car’s diary and in the subject of the email. The physical copy of the part will be kept in the glove box.

• provide any additional information requested by Muvon in relation to the circumstances of the incident (photographs, etc.).

• collaborate with Muvon Insurance in everything that is necessary and provide complete and truthful information about the accident.

In case of theft:

The User agrees to inform Muvon and to report the theft of the vehicle to the Police or Civil Guard within a period of 5 hours from when he / she became aware of it. This obligation will also apply in the case of robberies that do 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 complaint. The breach of this obligation will imply the non-coverage of the theft by the insurance and the consequent obligation of the User to deal with the damages suffered by Muvon as a consequence of said breach.

14. RECHARGES

Smoking in the car € 30
Driving while intoxicated € 500
Battery discharge due to misuse € 30
Transport of animals out of the transport € 100
Loss of the car key € 120
Loss of SD card € 40
Loss of MELIB card € 20
Loss of USB charging cable € 25 each
Loss of car documentation € 200
Driver not authorized by muvon € 120
Towing outside the assistance included in the insurance € 110
Immobilization of the vehicle due to negligence of the User € 150
In inadequate cleaning conditions € 30
Lighted headlights € 30

15. MODIFICATIONS OF THE CONDITIONS

In accordance with the evolution and the technical needs of the service, Muvon may introduce modifications to its General Conditions and vehicle use regulations.

Muvon reserves the right to adapt or modify at any time these General Conditions.

Said modifications will be communicated with the due advance to the Users.

From the date on which a modification of the General Conditions has been made, the new version may be consulted and downloaded by the Users on the Muvon website www.muvon.es The new general conditions will only apply to reservations made after the modification of said conditions.

16. COMPLAINTS AND CLAIMS

Users can submit complaints and claims about the Muvon car sharing service by email to the address contacto@muvon.es or in writing to the attention of the muvon User Service: C / Sant Pere Nolasc 7A 07001 Palm.

17. INVALIDITY OR PARTIAL INEFCATION AND APPLICABLE LAW

If any stipulation of the User’s contract is declared, totally or partially, null and ineffective, such nullity or ineffectiveness will affect only that stipulation or the part of it that is null or ineffective, subsisting the User’s contract in everything else, having such a stipulation, or the part of it that will be null and ineffective, for not setting.

The User agreement will be governed by Spanish law. Any dispute arising directly or indirectly from the User’s contract, including questions relating to its existence, validity, efficiency, interpretation, compliance 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, email contacto@muvon.es, registered in the Registro Mercantil of Palma de Mallorca under Volume 2380, Folio 64, Section 9, Page 84210, Inscription 1