This document establishes the general contracting terms and conditions (hereinafter, the "Terms and Conditions ") that govern the terms on which the provision of electric vehicle rental services (hereinafter, the "Services") by users (hereinafter, where applicable, the "User" or "Users") offered through the ZOO MOBILITY platform (hereinafter, the "Platform") which comprises the website located at the URL https://www.zooing.co/and the mobile application of the same name.
Alongside these Terms and Conditions, the specific conditions relating to certain additional aspects with respect to the applicable regulations of each territory where ZOO MOBILITY provides its Services (hereinafter the "Special Conditions") shall also apply. These Particular Conditions will be an indivisible part of this document and will complement and, where appropriate, prevail over the provisions of these Terms and Conditions.
Any matter not expressly set forth in these Terms and Conditions shall be deemed to be reserved to ZOO MOBILITY, without prejudice to the application of the provisions of the applicable regulations. Also, ZOO MOBILITY reserves the right to carry out modifications and/or updates in the present Terms and Conditions, which will be previously informed to the User for acceptance or rejection in case of being substantial. In any case, it will be considered that the User expressly accepts such changes or updates if he or she re-contracts the services offered by ZOO MOBILITY in the Platform.
The mere fact of telematically following all the steps of the same one, implies the express acceptance of the present Terms and Conditions by the User, having the same validity that the express signature of an agreement. In this sense, the User acknowledges that he/she is a person with sufficient capacity to acquire the obligations derived from his/her actions through the Platform, which he/she has previously read and understands its content.
In any case, in order to contract with ZOO MOBILITY, the User must be of legal age (≥ eighteen (18) years). However, if a minor under sixteen (16) years of age is registered on the Platform, ZOO MOBILITY shall understand that such access and registration come from the parent or legal guardian of the minor in question, and that, therefore, it is granting its prior and express authorization for such minor to access the Platform. In any case, the parents or legal guardians of minors who register on the Platform will be responsible for the use of the Platform by the minors in question, in relation to all the terms and conditions set out in this Legal Notice.
3. Platform description
ZOO MOBILITY is a Platform that offers electric vehicle rental services (hereinafter, where applicable, the "Vehicle" or "Vehicles") and equipment related to sustainable urban mobility.
4. Conditions of use
The User shall be exclusively responsible for accessing and browsing or using the Platform and the Services for illegitimate and/or illicit purposes. By way of illustration but not limited to, it is forbidden:
In the event that ZOO MOBILITY encounters any of the cases mentioned in the previous paragraph, ZOO MOBILITY reserves the right to adopt the measures it deems appropriate.
5. Warranties and representations
ZOO MOBILITY cannot guarantee the accuracy, usefulness or veracity of absolutely all the information on the Platform, nor the usefulness or veracity of the contents made available to users through it.
Therefore, ZOO MOBILITY does not guarantee nor is responsible for:
ZOO MOBILITY declares that it has taken all necessary measures, within its capabilities and the state of the art, to ensure the functioning of the Platform and minimize system errors, both from the technical point of view and the content published on the Platform.
6. Contracting procedure
6.1 Platform access
ZOO MOBILITY is an information society services provider that provides the user with the service of renting electric scooters, which can be contracted through it. The Platform can be installed in both iOS and Android devices.
Vehicles leased through the Platform may only be used by Users registered in the Platform ZOO MOBILITY. Such registered Users must have previously registered in the Platform and have proved that they are over 18 years old.
The download of the mobile app ZOO MOBILITY, as well as the access and registration in the Platform, are completely free. In order to proceed with the registration, the User will be required to provide the necessary data to manage his/her registration. All the entered data must be real and true, as this will be the only way we will be able to provide the services correctly and manage the made contracts. Likewise, the Platform offers Users the possibility of accessing it through their respective accounts on the social network Facebook, through the use of Facebook Connect. In the event that the User chooses this system of registration in the Platform, ZOO MOBILITY will access the data that the User has provided in his/her profile in the aforementioned social network, and will consider said data as real and true in order to create the user's profile in the Platform.
Users will be able to register after downloading the App through the IOS or Android operating systems. After that, you can see all the Vehicles and the business area on a map, even without logging in. You can also view Vehicle details such as license plate, charge status and Vehicle address. However, you will not be able to access the Vehicle until you have registered. The first step in registration is a welcome screen, where the necessary documents (Name, Surname and Email) will be displayed. After clicking on the next step, the application will check on the server whether there is already a client with this email address. The last step is the credit card details. The user can scan the credit card number through the imported Card.io library. The credit card data is sent directly to Stripe (www.stripe.com) using the Stripe sdk, neither the application nor the server stores this data.
Under no circumstances will ZOO MOBILITY be responsible for the veracity of the registration data provided by users, so each of them will be responsible for the possible consequences, errors, and failures that may subsequently result from the lack of data quality.
The contract between ZOO MOBILITY and the User is understood to have been concluded from the moment the User ends the contracting procedure, by pressing the "I read and accept the Terms and Conditions" button, being understood that the monitoring of all the phases of the electronic contracting procedure and the inclusion of all the data requested, together with the ticking of the corresponding box relating to the acceptance of these Terms and Conditions, is a direct manifestation of the user's willingness to accept these Terms and Conditions.
6.2 Platform registration
Access to and use of the Platform implies that the User accepts and undertakes to fully comply with these Terms and Conditions, as well as the instructions or recommendations that are indicated in each specific case through the Platform.
In order to complete the contracting process, it will be necessary for the User to be registered on the Platform prior to payment, by means of a form enabled for this purpose.
When registering through the form in the Platform, the User must enter his/her email address and a password. The email chosen by the User will serve as access data on the following occasions.
The created password will have unlimited temporary validity and the User undertakes to make diligent use of it, keeping it secret and not transmitting it to any third party. Consequently, the User is responsible for the adequate custody and confidentiality of any identifiers and/or passwords that have been selected, and undertake not to cede their use to third parties, whether temporary or permanent nor to allow their access to third parties. It will be the responsibility of the User the illicit use of the Platform by any illegitimate third party, who uses a password for this purpose because of a non-diligent use or loss of the same by the User.
In case the User knows or suspects that his/her password is being used by third parties, it is, therefore, necessary to modify it immediately and communicate this circumstance to ZOO MOBILITY through the following e-mail address email@example.com. As long as such events are not communicated, ZOO MOBILITY will be exempted from any responsibility derived from the improper use of identifiers or passwords by third parties.
Upon completing the registration process, the User will receive a confirmation email at the email address provided. ZOO MOBILITY may deny the User access to the Platform and/or to the services and functionalities offered through it if the User does not comply with the present T&C and the applicable regulations and/or if he/she makes inappropriate use of them.
6.3.- Withdrawal from the Platform
The User may unsubscribe from the service contracted through the Platform at any time, by express communication to firstname.lastname@example.org, indicating his/her User name. ZOO MOBILITY will verify that there are no pending payments. Once the corresponding verification has been made, ZOO MOBILITY will send the User a confirmation with the withdrawal process.
When the withdrawal from the Platform is effective, functionalities will no longer be available.
7. Vehicle rental process
Once the contracting process detailed in section 4 above has been completed, the User may agree to request the reservation of the electric scooter, through the application through the Platform.
7.1 Vehicle reservation
To make the reservation, it must be requested at least 5 minutes in advance, having provided the User at least the following information: name and surname, contact telephone number, e-mail, and payment method data, as well as any other information that is requested.
Also, the User will have to give his/her permission so that ZOO MOBILITY knows his/her location. In any case, the User will have to look for a Vehicle in the map that appears in the Platform and to select it. Once the Vehicle has been activated, the rental time will start counting and the User will not be able to activate any other Vehicle parked or outside the service area in which ZOO MOBILITY operates.
Once the reservation data is taken, the User will receive by email and/or through the Platform, confirmation of the operation.
7.2 Vehicle pickup
The User will pick up the Vehicle at the place where the scooter is located, within the ZOO MOBILITY service area.
Once the User is along with the Vehicle, he/she must open the ZOO App where he will have the option to select the scooter on the screen, scan (Pressing "Scan") the QR code located on the left handlebar of the scooter or write the identification number located on it to connect the Platform with the scooter and activate the Vehicle through the ZOO MOBILITY Platform.
The User is expressly informed and accepts the placement of GPS geolocation devices and/or similar devices in the rented Vehicle that will allow ZOO MOBILITY access to information regarding the location and status of the Vehicle. This access has the sole purpose of ensuring the proper functioning and use of the rental service offered by ZOO MOBILITY. This access will be made in a particular way when there are reasonable indications that there were or are actions contrary to the good use of the Vehicle. In any case, it will not imply constant monitoring of the Vehicle.
7.3 Vehicle return
The User accepts and admits that the Vehicles must be rented and returned within the maximum rental period of twenty-four (24) hours. The number of Vehicles available to ZOO MOBILITY is limited, so ZOO MOBILITY does not guarantee their full availability.
Once the trip is over, the User must press the "End trip" button to end the Services and deactivate the Vehicle. The User will be solely responsible for the completion of the journey and the deactivation of the Vehicle in the maximum rental period of twenty-four (24) hours.
In any case, if there are connection problems between the Vehicle and the Platform, the User must follow the following instructions:
If, after the aforementioned steps, the journey cannot be completed, the User must contact the ZOO MOBILITY support team at the following e-mail: email@example.com and the following telephone number: +34 622 78 4561 (Spain).
7.4 Vehicle use
The performance or execution of any prohibited actions listed in this clause shall imply that ZOO MOBILITY may impose on the User a fine of 600 euros for each prohibition incurred that the User has committed or for which the User is responsible, in addition to the obligation to pay the expenses derived from the transfer, repair and/or replacement of the elements of the vehicle that have been affected by such actions.
8. Accidents and robberies
In the event of an accident, accidents with third parties, robbery, fire, damage caused by animals, or by the effects of nature, and in general in any case of damage, the User must notify the pertinent State Security Forces and Corps immediately, as well as do what is appropriate to protect the interests of ZOO MOBILITY.
In the event of an accident due to its own fault or with the intervention of third parties, and especially when the Vehicle is immobilized or when continuing driving will mean danger to driving, the corresponding State Security Forces and Corps must be immediately notified. In the event that it is not possible to contact them, the User or the driver must notify the nearest State Security Forces and Corps station. Likewise, they must complete a descriptive report of the accident, regardless of whether it is their own responsibility or that of a third party unrelated to the relationship between ZOO MOBILITY and the User.
Immediate reporting to the competent State Security Forces and Corps shall be mandatory in the event of the commission of a crime or injury, as well as in those cases in which it is necessary to clarify the guilt of those involved.
9. Modifications and cancellations
The User must take into account that the modification of the reservation may imply changes in the rental price:
10. Others aspects of provision of the service
ZOO MOBILITY will not be responsible for damages caused to the User due to traffic, weather or other incidents that are considered force majeure and may cause delays in the provision of the service. The User expressly authorizes ZOO MOBILITY to charge the User's credit card used for the reservation in case of delay, or for lack of cancellation of service, either in the collection or in the delivery.
11. Customer service
ZOO MOBILITY offers its Users a customer service provided through the "ZENDESK" platform. The customer service will be available from 07:00 to 23:00 hours. If there are any changes, they will be notified by the appropriate means, in which due attention will be given to all queries, complaints, and suggestions made in relation to the Services through the Platform.
12. Intellectual property rights
Based on these Terms and Conditions ZOO MOBILITY grants the User a limited, non-transferable, revocable, non-sublicensable and non-exclusive license to access and use the Platform on the User's personal device. Any right not expressly granted will be reserved for ZOO MOBILITY. The User or any third party shall be restricted from carrying out the following actions: (i) reproduce, modify, prepare derivative works, distribute, license or exploit in any way the Platform or the Services, when not expressly permitted by ZOO MOBILITY; (ii) decompile or reverse engineer the Platform; (iii) link, reflect or frame any part of the Services; (iv) deploy or launch any type of program to perform any action related to the prospecting of data or actions aimed at damaging the operability and functionality of the Platform; or (v) withdraw, modify or any analogous action aimed at altering the copyright of ZOO MOBILITY on its trademark, its Platform or its Services.
In any case, intellectual and industrial property rights on the services offered and the Platform remains property of ZOO MOBILITY.
The use of the Platform neither the acceptance of the services imply the transfer or granting of any right: (i) in relation to the Services, except for the aforementioned license; or (ii) to use or mention in any way the company names, logos, product and service names, commercial brands or other elements of a similar nature, except in those cases in which ZOO MOBILITY expressly grants such rights.
13. Price and method of payment
The applicable rate will be the one that appears in the Platform. These may be modified at any time. On the other hand, promotions and other agreements will be individually or collectively applied, so that being special circumstances will not be mandatory to publish them.
All the prices of the services are included together with the description of the other services.
All prices shown are final prices and include the Value Added Tax (VAT). Notwithstanding the foregoing, the final price shall include all applicable increments or discounts, expenses charged to the User and additional fees for ancillary services, means of payment, commissions, etc.
The price of the services marketed in the Platform is indicated next to the description card of each one of them, is shown in any case in the currency of official course in Europe, the Euro (€).
14. Payment and invoicing
Unless otherwise agreed to another form of payment predetermined by ZOO MOBILITY, the rental price and any other amounts agreed will be charged to the credit card or means of payment communicated by the User at the time of booking through the Platform. The User guarantees to be authorized to use the credit card provided to ZOO MOBILITY for payment. This credit card or means of payment communicated to ZOO MOBILITY may not be changed at any time during the term of the contract or after its termination by the User unless expressly authorized by ZOO MOBILITY.
Once the User has selected a Vehicle and made the corresponding payment, ZOO MOBILITY will send the User an e-mail containing all the information relating to the purchased services, their price, and applicable taxes. In any case, the payment of economic amounts over the Internet will be made through the Platform provided by an external entity, which in any case will be hosted on a platform under SSL security protocol. The payment of the reservation of the service will be made by credit card.
In any case, the rental will only be effective when ZOO MOBILITY receives confirmation of payment by the entity that owns the secure payment gateway. If the transaction is denied for any reason by this entity, or the full amount corresponding to the amount of the order (including management fees and bank transfer fees) is not contributed, it will be canceled, informing the User that the transaction has not been completed.
Once the payment has been received in full, ZOO MOBILITY will automatically send the corresponding invoice to the user's mobile phone. By accepting these Terms and Conditions, the user expressly consents to receive the invoice electronically. If the User wishes to receive the invoice on paper, he/she may contact ZOO MOBILITY indicating the postal address to which the invoice should be sent.
15. Electronic contracting
In compliance with the provisions of Article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce, contracts celebrated by electronic means will produce all the effects foreseen by the legal system, when the consent and the other requirements necessary for their validity have been met.
In any case, the electronic support in which the present Terms and Conditions celebrated by electronic means are recorded shall be admissible as documentary evidence in the event of a dispute between the parties.
For these purposes, it shall be understood that the monitoring of all the phases of the purchase process and, where applicable, the payment of the corresponding economic amount, necessarily imply the provision of the consent required for contracting.
Similarly, and in accordance with the provisions of Article 27 of Law 34/2002, on information society services and electronic commerce, is made available to Users, prior to the start of the contracting procedure, all information relating to it, which will only apply if the User decides to proceed with the contracting through the Platform.
The parties undertake to fulfill their legal and contractual obligations arising from this contract.
The parties shall be liable for the infringements they have personally committed, being the opposing party indemnified against any error, fault or negligence not attributable to it, and for any damage resulting from such infringements or errors attributable to the other contracting party. In any case, it will be the responsibility of the User the possible infractions incurred in the course of time between the stop or parking of the vehicle, until the effective collection of the same by another user.
It is understood that ZOO MOBILITY is configured as an information society services provider, with the corresponding liability limitations that this implies. In the events permitted by the applicable legislation, ZOO MOBILITY exempts itself from any obligation and/or responsibility that, for such concept, may correspond to the User or to any other third party when the vehicle is in its custody.
In no event shall ZOO MOBILITY be liable for any damage or breakdown arising in the vehicle attributable to the User, nor for any damage that may result from force majeure being, but not limited to, fire, water or natural disasters.
17. Confidentiality and data protection
18. Term and modifications
ZOO MOBILITY may terminate the contract when it detects an unauthorized use, or allegedly unauthorized, of the offered service, either by breaching these Terms and Conditions or for any other objective reason. If ZOO MOBILITY exercises this right, it will not take on any obligation or responsibility, nor will it return to the User the amounts previously paid.
The User may terminate these Terms and Conditions at any time by withdrawing from the Platform. However, the obligations that may remain in force after the time of resolution will continue to bind both parties as set forth.
However, ZOO MOBILITY suggests periodical checking of these Terms and Conditions, as they may be subject to change. If such modifications are made, previous notice will be given for acceptance or rejection. It will be considered that you expressly accept such modifications or updates if you place a new order through the Platform. If accepted, the modification and entry into force of the new contract will fully replace the conditions in force between the parties to take effect on new purchases or reservations made from the date of acceptance of the new conditions.
19. Saveguard clause
All the clauses or extremes of the present Terms and Conditions must be independently and autonomously interpreted, and the rest of the stipulations will not be affected in the event that one of them has been declared null and void by means of a judicial decision or a final arbitration resolution. The clause or clauses affected will be replaced by another one or others that preserve the effects pursued by the Terms and Conditions of the Platform.
20. Applicable law and competent jurisdiction
The regulations in force will determine the laws that should govern and the jurisdiction that should know the relationship between ZOO MOBILITY and the Users. However, in those cases in which the current legislation provides the possibility for the parties to submit to a particular jurisdiction, ZOO MOBILITY and the User, expressly waiving any other jurisdiction that might correspond to them are subject to Spanish law and the Courts and Tribunals of the city of Madrid.
In order to file complaints regarding the services provided by ZOO MOBILITY, you may send them via email to the email address or to the Registered Office address which can be found in the Identification section at the beginning of this document, and ZOO MOBILITY undertakes to seek an amicable solution to the conflict.
Likewise, in accordance with the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, relating to the resolution of online disputes in the field of consumer affairs, in the event of a dispute, if the User so wishes, he may resort to the "Commission's Dispute Resolution Platform" to try to resolve out of court any dispute arising from the provision of the Services by ZOO MOBILITY.
Through the following link, the User may send his/her complaint to a litigation body authorized by the Commission: http://ec.europa.eu/consumers/odr/