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Our riders' safety is important to us in every country we’re present. Read Dott’s user terms and conditions – specific to each country Dott operates in.
TERMS AND CONDITIONS FOR USE OF DOTT’S SERVICES IN SPAIN
Last update to Terms: 19 July 2022
SPAIN - ENGLISH
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES (AS DESCRIBED BELOW) PROVIDED BY DOTT.
These terms and conditions (“Terms”) govern your (hereinafter “you” or “your”) (i) use of our mobile application (“App”) following your registration for a User Account (if applicable), and (ii) rental of our shared electric bikes (“e-bikes”) and shared electric scooters (“e-scooters”) (collectively “Vehicle(s)”) provided by RIDEDOTT, S.L.U., with registered office at Barcelona (Spain), Travessera de Gràcia, Número 56, 3º, 1ª, registered at the Commercial Registry of Barcelona, and with Taxpayer Identification Number B-02640514 (hereafter referred to as: “Dott”, “we”, “our” or “us”) via the App or via a third party platform authorised by Dott (“Third Party Platform”) from time to time (collectively “Services”). Subject to these Terms, you and Dott enter into a contract for the usage of the App if applicable, including the User Account ("App Agreement") and into separate contracts for each use of a Vehicle ("Individual Rental Agreements"). If you rent a Vehicle through a Third Party Platform, all of these Terms shall apply to your use of our Services except for sections 1 and 5 below. You will also be subject to the Third Party Platform’s terms and conditions in addition and without prejudice to these Terms.
DURING THE REGISTRATION PROCESS FOR OUR APP AND WHEN UNLOCKING A VEHICLE FOR USE VIA THE APP OR VIA A THIRD PARTY PLATFORM YOU MUST AGREE TO THESE TERMS. DOTT ONLY ALLOWS YOU TO USE THE SERVICES IF YOU ACCEPT THESE TERMS SO DO NOT MAKE USE OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS.
THERE ARE OTHER TERMS WHICH MAY APPLY TO YOU:
These Terms refer to the following additional terms, which also apply to your use of some or all Services:
● Our main terms of our insurance policies are available at: https://ridedott.com/insurance (“Insurance Policies”), which set out the extent of insurance coverage you may receive when using our Vehicles under an Individual Rental Agreement. The Insurance Policy applicable to your use of the Vehicles shall be the Insurance Policy listed as valid either listed as valid in your User Account, or as communicated to you by the Third Party Platform, for the specific country in which you are using the Vehicles at the time when you unlock a Vehicle. In order to receive the stated insurance coverage, you must comply with the applicable Insurance Policy at all times. Any coverage you may receive will be provided automatically from the commencement of the Individual Rental Agreement and at no additional cost to you. Note that the Insurance Policies may be amended from time to time depending on the conditions provided by our insurance company. Therefore, we recommend that you review the applicable Insurance Policy before you unlock the Vehicle. You may also access our Insurance Policies within the App via: help & legal>. legal > terms & conditions.
If you use the Services while in a country other than Spain, the Services are offered by an affiliate of Dott located in such other country. In this case, you will enter into an App Agreement (if applicable) and into the Individual Rental Agreements with such local affiliates of Dott based on the country-specific Terms and Conditions. Such country-specific Terms and Conditions are available here (link) and identify the respective local affiliate of Dott as your contracting party.
TERMS APPLICABLE TO YOUR USE OF THE SERVICES
1. YOUR USER ACCOUNT
You must register for a user account through the App (“User Account”) on your mobile device before any use of our App and in order to hire Vehicles via our App A User Account must be created via the App. In order to set up your User Account the App will prompt you to provide us with (i) certain information about yourself (all fields indicated as mandatory must be completed), and (ii) a method of payment (details of valid credit card, debit card or other approved payment method), and (iii) any other information or documents required by us in order to allow you to use the App and Vehicles as indicated in the registration process in the App. The payment details are provided to our third-party payment processors and are only accessed or stored by us in masked format.
All fields filled in by you during the registration procedure will be stored in your User Account, to which you will have access and you will be able to rectify at any time through the App or by emailing firstname.lastname@example.org. All information that you have provided to us must be accurate, true, up-to-date, and complete, and it must match that on your identification documents.
Your User Account is personal to you and you will ensure that it is kept secure and not shared with or used by anyone else. You will not, directly or indirectly, create a User Account for another person or transfer your User Account to another person. When using a Vehicle, you will comply with all security measures that we may communicate to you from time to time in your User Account when unlocking the Vehicle. You are responsible for all loss and damage arising from your disclosure of your User Account information, or any electronic threats, attacks or fraudulent activity resulting from your failure to safeguard the security of your User Account. You must immediately report any suspicions of unauthorized access to your User Account to: email@example.com. You are responsible for the use of your User Account at all times.
If we have reasonable grounds to suspect any of the information you have provided to open your User Account is incorrect, inaccurate or fraudulent we may suspend or temporarily block access to your User Account until the issue is resolved to our satisfaction. We may if required or in accordance with applicable laws check and verify the information you have provided to us. You will cooperate and extend to us any assistance that is reasonably tolerable for you and required for such checks and verifications. You are responsible for all loss and damages arising from inaccurate, false or incomplete information that you provided to us.
During the use of the Services, you must observe these Terms. If we have reasonable grounds to suspect or become aware of any breach of the Terms, we may suspend or temporarily block access to your User Account until the issue is resolved to our satisfaction.
All applications for User Accounts are subject to our approval, which shall be given on a non-discriminatory basis. We reserve the right to reject any application for a User Account. Registration for a User Account is completed when you receive a confirmation that you can start riding within the App.
2. USE OF VEHICLES
Via your User Account you can rent a Vehicle based on an Individual Rental Agreement as follows: In your User Account you can identify any available Vehicles and unlock such Vehicles for usage. When you unlock the Vehicle in your User Account to start a ride (as further described in Section "Starting and Ending a Ride" below), you enter into an Individual Rental Agreement with Dott for the use of such specific Vehicle. Should you rent a Vehicle via a Third Party Platform you will enter into an Individual Rental Agreement upon unlocking a Vehicle via such Third Party Platform. In either case, the Individual Rental Agreement shall be based on these Terms as well as any additional terms (such as relating to fees and permitted operational areas as well as the applicable Insurance Policy). Fees and operational areas will be displayed to you in your User Account or via the Third Party Platform (as applicable), at the time before you unlock the Vehicle. When you start a ride by clicking "unlock" (or the equivalent process on a Third Party Platform), you agree to pay the fees for the Service as indicated in the App or Third Party Platform (as applicable) at the time you require the Service. For more information on fees see the “Fees, Charges and Payment” section below).
Starting and Ending a Ride: A ride starts from the moment you “unlock” a Vehicle in the App and ends as soon as you select the “end ride” option in the App (or via the equivalent process on a Third Party Platform) thereby locking the Vehicle again. Upon ending a ride you must park the Vehicle in accordance with our parking instructions below. Once the option "end ride" has been selected, you should wait to receive confirmation that the ride has ended. If you leave the Vehicle without properly ending the ride, the Service will continue to run and you will be required to pay for the continued use of the Service. If the ride cannot be ended for any reason whatsoever, you must notify us and you shall remain with the Vehicle until we decide on how to proceed in this respect. After ending a ride, you may no longer make use of the Vehicle and must repeat the unlocking process to gain use again. You are obliged to follow the below rules at all times when making use of some or all Services and all rules that may be communicated to you by Dott in addition to any rules communicated to you by a Third Party Platform (if applicable) from time to time.
Age and Capacity: You are at least 18 years old and, when required by local laws as indicated in your User Account or by a Third Party Platform, have a valid and unexpired driver’s license. Such driver’s license may not be suspended, withdrawn or revoked throughout the duration of the contractual relationship between you and us. You will ensure that you are familiar with the way of operating our Vehicles and are physically and mentally fit to do so.
Safety First: Prior to using the Vehicle we recommend you inspect the Vehicle for damage (including checking the frame, deck, kick stand, tires, lights and display) and test the brakes and throttle. Make sure you check that the battery is sufficiently charged to get you to where you want to go. If you are using an e-bike, make sure your seat is properly adjusted prior to riding. Before taking off you should take note of the weather and check your surroundings in order to avoid a collision and confirm you have a clear path for movement. Make sure you constantly monitor the weather, the conditions of the Vehicle and your riding environment during the ride and adjust your riding behavior to ensure a safe ride. Should the Vehicle appear defective prior to riding or at any time during your ride, you should cease using the Vehicle immediately and report it to us (“Defective Vehicle”). We may forbid you to use the Vehicle where riding safety might be compromised. We recommend you wear a helmet and we require that you use helmets in all countries where they are legally required for operation of the Vehicles (as indicated in your User Account or by a Third Party Platform (as applicable).
Compliance with Laws: You are obliged to conduct yourself in compliance with all applicable laws and regulations, including laws and regulations relating to the use of the Vehicles and all traffic rules and regulations applicable to the use and parking of the Vehicles. Failure to comply with this requirement may result in fines, penalties, loss of driver’s license and termination of your User Account.
Availability: Our Services may not be available 24/7. There may be circumstances where our Services are interrupted, delayed or unavailable, including due to planned maintenance, upgrades, urgent repairs. We also reserve the right to suspend the Services in whole or in part when this is necessary for the purposes of our legitimate interests. You can identify which Vehicles are available at any time via our App or via Third Party Platforms. The number of Vehicles is limited and Vehicle availability is never guaranteed.
Sole User: When you unlock a Vehicle you must be the sole user of such Vehicle and you are solely responsible for compliance with the rules as set forth in these Terms when using the Vehicle. You will ensure that no one except you uses a Vehicle once you have unlocked it. YOU WILL NOT CARRY OTHER PEOPLE OR ANIMALS ON OR IN CONNECTION WITH OUR VEHICLES. IT IS STRICTLY PROHIBITED TO RIDE A VEHICLE WITH MORE THAN ONE PERSON. THE VEHICLES ARE DESIGNED FOR USE BY ONE INDIVIDUAL AUTHORISED USER AT A TIME.
Handle our Vehicles with Care: You are obliged to treat any equipment (including Vehicles) provided to you with appropriate care, diligence and safety at all times.
Restrictions on use of Services: You will comply with the following use restrictions in relation to our Services at all times:
- You will not operate the Vehicle outside of the area indicated in the App or Third Party Platform (as applicable) (“Operational Areas”). The Operational Area is indicated during the unlocking process and will always be visible to you within the map on the App. Should you leave the Operational Areas at any time we may disable the Vehicle and charge you a fine should you fail to return the Vehicle to an Operational Area. The map within the App or Third Party Platform (as applicable) will indicate whether the Vehicle is outside or inside the Operational Area.
- You will not operate the Vehicles in areas which any competent local authority has prohibited the use of the Vehicles (“No Ride Zones”).
- In cities where a competent local authority has designated specific parking areas for the Vehicles (“Designated Parking Areas”), you will only park the Vehicles in such Designated Parking Areas. Your city’s Designated Parking Areas will be indicated on the map in the App or Third Party Platform (as applicable).
- You will not use the Vehicles on unpaved roads, through water (beyond normal urban riding) and/or for racing, mountain riding, stunt or trick riding.
- You will use the Vehicle in compliance with all applicable laws, in particular any road traffic rules.
- You will not use the Vehicles if your User Account does not comply with the requirements set forth in these Terms.
- You will not rent, lease, sell, resell or otherwise monetise or make commercial use of our Vehicles and/or Services (commercial use includes but is not limited to, advertising, ride-sharing, courier trips and food delivery.
- You will not ride a Defective Vehicle of which you are aware and should a Vehicle become defective at any stage during your ride you will cease using it immediately and notify us.
- You will not unlock our Vehicles except through the App or as otherwise permitted by us from time to time via the use of Third Party Platforms.
- You will not dismantle, modify, repair or tamper with any of the Vehicles nor any part of the Vehicles.
- You will not ride a Vehicle carrying a bag, backpack or other item if this prevents you or interferes with your ability to ride the Vehicle in a safe way.
- You will not exceed the maximum weight limit for the Vehicle, being 110kg for e-bikes and 100kg for e-scooters.
- You will not carry cargo in an e-bike basket exceeding 5kgs and you will carry such cargo safely for example, by not loading it in a way that interferes with your visibility.
- Whilst riding a Vehicle, you will not use your mobile phone, portable music player and/or any other device that may distract you or interfere with you riding the Vehicle in a safe way.
- YOU WILL NOT RIDE A VEHICLE WHILE UNDER THE INFLUENCE OF ANY ALCOHOL, MEDICATION, DRUGS AND/OR ANY OTHER SUBSTANCE THAT MIGHT PREVENT YOU FROM RIDING THE VEHICLE IN A SAFE WAY.
- In countries where we provide you with personal injury insurance, you may not be covered for head injuries under our insurance policies if you ride without wearing a helmet.
- Always hold both handlebars of the Vehicle whilst riding.
- E-scooters may only be operated at a maximum speed of 20km/h or such lower speed as permitted by the competent local authority based on the specific area you are operating the e-scooter.
- E-bikes may only be operated at a maximum speed of 25km/h or such lower speed as permitted by the competent local authority based on the specific area you are operating the e-bike.
- When operating a Vehicle at night or in circumstances where visibility is diminished due to the weather or season you will use reflective clothing such as a jacket or belt at all times and ensure that the Vehicle's front and back lights work and are switched on.
- You will not recharge the Vehicles' batteries or otherwise tamper with the Vehicles’ batteries or electronic systems.
- You will not disable or in any way alter the geolocation, monitoring and control tools of the Vehicles, as well as any other electronic element or device thereof.
- You will not make any type of aesthetic or technical modification to the Vehicles (including, but not limited to, the concealment of our logos or trademarks).
- You will not carry out repairs or modifications to the Vehicles, or order such repairs or modifications.
Parking: You must park Vehicles in Designated Parking Areas within the Operational Areas and where no Designated Parking Areas exist you will always park the Vehicle in a manner which is permitted by law and does not block building entrances or interfere with the use of public streets, roads and sidewalks by pedestrians, or traffic, and that allows us to access the Vehicle. Dott may request you send a photograph of the Vehicle to evidence that it has been parked correctly. Such a request will be made within the App or Third Party Platform (as applicable) when you choose to end a ride and lock the Vehicle. Ending a ride for some Vehicles may involve additional manual steps, these will be communicated to you via the App or Third Party Platform (as applicable). Do not attempt to secure or lock the Vehicles by any method other than through the App or Third Party Platform (as applicable). We may charge you an administrative fee of up to EUR300 in respect of our costs for recovering any Vehicle in the event you do not follow our above mentioned parking and locking instructions.
Fines: You will be solely liable for and will pay any fines, fees, penalties, impounding cost and/or other charges imposed by a governmental authority resulting from parking or using a Vehicle improperly, or by you violating any law, rule or regulation while using our Vehicles or by you failing to comply with any of these Terms (“Fines”). In any case, we reserve the right to identify you and communicate to the relevant public authorities your identity if you have committed a traffic violation while using the Services or parked the Vehicles in prohibited areas according to the corresponding local regulations. In some instances, we may pay such Fines on your behalf (in which case you will reimburse us for the payment of such Fines together with an administration fee of EUR50 and any additional costs reasonably incurred by us for handling the payment of the Fine on your behalf unless you can prove that the costs for such efforts made by us for handling such Fines were lower). Dott has the right to deduct such Fines and charges from your chosen payment method and should you have insufficient funds available for us to deduct such Fines and charges, you agree that we can contact you in order for you to make payment to us (such payment to be made immediately upon request). Dott may charge you a Fine of EUR50 for any breach of the Terms, regardless of whether another Fine, administration fee or penalty is imposed because of or in relation to a breach of the Terms.
Reporting Accidents and Loss or Damage to Vehicles: You will report any damages, accidents, personal injury, Defective Vehicles, stolen or lost Vehicles to us and the context of your use of the Vehicle immediately by contacting us via email at: firstname.lastname@example.org. You will immediately file a report with the local police department if a Vehicle you rented is stolen. Note that any failure to report an accident may impact your coverage under any insurance provided by us.
RISK OF INJURIES AND DAMAGES: RIDING, USING OR OPERATING A VEHICLE CARRIES AN INHERENT RISK OF CAUSING INJURY (INCLUDING DEATH) TO YOURSELF, OTHERS AND/OR DAMAGE TO PROPERTY THAT CANNOT BE AVOIDED ENTIRELY EVEN IF PROPER PRECAUTIONS ARE TAKEN.
We will maintain all insurance required to operate our Services under local laws, such as third-party liability insurance to cover your liability for accidental physical injury to third parties or accidental damage to the physical property of third parties arising from your use of the Vehicles. In certain countries we will also provide you with additional insurance coverage (over and above that required by law) for accidental death or permanent disability caused by an accident arising from your use of the Vehicles which we will indicate in your User Account or via a Third Party Platform (as applicable).
All insurance coverage we provide to you is subject to the terms and conditions of Dott’s Insurance Policy for the specific country in which you are using the Vehicle at the time of the accident.
FOR MORE INFORMATION ON WHAT IS COVERED AND HOW TO SUBMIT A CLAIM, COPIES OF DOTT’S INSURANCE POLICIES ARE AVAILABLE HERE: https://ridedott.com/insurance. YOU ARE ADVISED TO READ THESE TERMS AS A FAILURE TO COMPLY WITH THESE TERMS MAY RESULT IN THE INSURER REJECTING YOUR CLAIM.
OUR PROVISION OF INSURANCE IS IN NO WAY AN ADMISSION OF LIABILITY FOR DAMAGES OF ANY KIND AND IS NOT INTENDED TO ACT AS A SUBSTITUTE FOR YOUR OWN INSURANCE. We recommend that you ensure you have adequate personal insurance in place to cover the risks involved in using our Services.
4. FEES, CHARGES AND PAYMENT
The fees for the use of our Vehicles are charged on a pay per use basis. Each time you wish to use a Vehicle you may be charged an unlock fee in addition to use fees which are calculated based on the duration of your use of the Vehicle. The fees are disclosed in your User Account or the Third Party Platform (as applicable) before you unlock a Vehicle and the fee information in respect of each city can be located within the App at help & legal>FAQ>Account & Payment. The fees are calculated from the moment the Vehicle is unlocked until the moment the Vehicle is locked via your User Account or Third Party Platform (as applicable). The fees will be rounded up to the nearest unit of time based on the applicable billing model (i.e. per second, per minute or per hour). Both the applicable unlock fee and the applicable billing model and fees charged can be viewed in the App or Third Party Platform (as applicable prior to riding. All fees are non-refundable and inclusive of VAT.
Vehicles rented via Third Party Platforms may be subject to different and/or additional fees as may be communicated to you by such Third Party Platform.
Payment may be made by the credit or debit card you loaded in order to register for a User Account or by any other payment method permitted by Dott or by the Third Party Platform (as applicable) for the specific country. You may select your preferred payment method for the ride prior to unlocking the Vehicle by selecting from the payment drop down menu in the App. All receipts and invoices for your use of the Vehicles are available within the App when selecting “ride history” and will also be sent via email should you provide us with your email address. With respect to Vehicles rented via a Third Party Platform, the process for selecting payment methods and accessing receipts and invoices shall be as communicated to you by such Third Party Platform.
Should your payment in the App be rejected, Dott reserves the right to suspend your User Account until the outstanding payment is settled. We will send you an email requesting that you settle all outstanding payments. If such amounts are not settled within the requested timelines, Dott will terminate your App Agreement and take any legal actions that it deems necessary in order to recover the outstanding payment including seeking compensation for any damages you caused.
In some circumstances Dott may provide you with promotional codes which grant you a reduction in fees within the App or the Third Party Platform (as applicable). Promo codes are subject to any additional terms and conditions we communicate to you at the time of issuing the promo code for use. Promo codes may only be utilized once and are specific to a User Account.
In some cities prepaid subscriptions may be available to purchase via the App or Third Party Platform (as applicable) (“Passes”). The purchase price together with any other limitations on the Pass (such as a maximum number of rides (“Max Rides”), maximum duration of rides (“Max Ride Duration”), duration of Pass (“Term”), times or days when rides may be used and the city where the Pass may be used) will be communicated to you within the App or Third Party Platform (as applicable) prior to your purchase. Should you select a Pass for purchase the pass will commence immediately upon Dott or Third Party Platform (as applicable) confirming receipt of your payment (“Start Date”). Passes will terminate on the earlier of: (i) your use of the Max Rides; and (ii) the end of the Term (“End Date”).
Should your ride be shorter than the Max Ride Duration, any unused portion of the ride will not be carried over and will be lapsed. Should you exceed the Max Ride Duration on any ride, you shall be charged at the standard rate per minute as indicated in the App or Third Party Platform (as applicable).
Passes may not be used in conjunction with promotional offers, rewards or other discounts.
Passes may be purchased with any available payment method except for payment via wallet.
Fees for Passes are payable in advance.
In some cities subscriptions may be available to purchase via the App or Third Party Platform (as applicable) (“Subscriptions”). The purchase price together with any other limitations on the Subscription (such as a maximum number of rides during each month of the Subscription (“Max Rides”), maximum duration of rides (“Max Ride Duration”), duration of Subscription (“Term”), times or days when rides may be used and the city where the Subscription may be used) will be communicated to you within the App or Third Party Platform (as applicable) prior to your purchase. Should you select a Subscription for purchase, the Subscription will commence immediately upon Dott or the Third Party Platform (as applicable) confirming receipt of your payment (“Start Date”). Subscriptions will terminate on the earlier of: (i) you exercising your right to cancel; and (ii) where no auto-renewal is expressly stated, the end of the Term (“End Date”).
Should you exceed the Max Rides or the Max Ride Duration during the Term you shall be charged at the standard rate per minute as indicated in the App or Third Party Platform (as applicable).
If your Subscription is subject to auto-renewal Dott or the Third Party Platform (as applicable), we shall notify you prior to your purchase of the Subscription. When a Subscription is subject to auto-renewal, it will be automatically renewed for the same length of time as the original Subscription period and will continue indefinitely until you exercise your right to cancel prior to the next auto-renewal period. If you elect to cancel your Subscription after the auto-renewal date, but prior to the next auto-renewal period you will not be entitled to any refund for the remainder of the then current renewal period. The Services will continue to be available to you during this time.
If a Subscription is subject to auto-renewal, Dott or the Third Party Platform (as applicable) shall notify you of your right to cancel and the process for cancellation. Should we fail to provide you with such notification, you may terminate the Subscription at any time following from the auto-renewal date.
Dott reserves the right to modify, amend or vary any Subscription terms (including the price) by providing you with 14 days prior written notice. You shall have the right to cancel the Subscription and receive a refund should you not wish to continue with the modified terms.
Subscriptions may not be used in conjunction with promotional offers, rewards or other discounts.
Dott may cancel your Subscription: (i) without cause at any time during the Term by providing you with 30 days prior written notice; (ii) immediately should you fail to make payment to Dott, or should you be in material breach of these Terms.
Subscriptions may only be purchased via credit card payment.
Right of Withdrawal applicable to Passes and Subscriptions
If you are a consumer you have a statutory right to withdraw from a Pass or a Subscription within 14 days of the Start Date. However, as you agree that the Pass or Subscription will commence immediately on the Start Date (and expressly request this upon purchasing the Pass or Subscription), you will lose your right of withdrawal should the End Date occur prior to the expiration of the 14 day period. Should you exercise your right to withdrawal you will be entitled to a refund on a pro-rata basis equal to the lesser of: (i) the number of Max Rides remaining (if applicable); and (ii) the duration of the Term remaining.
Should you wish to exercise your cancellation rights please email email@example.com and provide us with a written statement that you wish to exercise your right of withdrawal together with your name, phone number and the details of the Pass or Subscription you wish to cancel. We will inform you promptly via the same email address of the receipt of such withdrawal.
In some countries we may offer a wallet as an additional method of payment. You may elect to load credit to your wallet. The credit balance of your wallet is always indicated within the App. Credits in your wallet are not fiduciary currency and are non-refundable and non-redeemable. You may only utilise credits to purchase the Services from Dott and Dott’s affiliates via the App.
5. INTELLECTUAL PROPERTY
6. TRACKING DEVICES
In order to preserve, protect, detect, prevent crimes and analyze the performance of the Vehicles, we will use electronic devices that allow us to monitor the status and operation of the Vehicles and track their movements at all times.
In order to analyze and validate the proper use of the Services by the users, as well as the performance of the Vehicles, we may use this information.
7. LIMITATION OF LIABILITY
DOTT'S CONTRACTUAL AND STATUTORY LIABILITY FOR DAMAGES CAUSED BY SLIGHT NEGLIGENCE SHALL, IRRESPECTIVE OF ITS LEGAL GROUND, BE LIMITED AS FOLLOWS: (i) DOTT SHALL BE LIABLE UP TO THE AMOUNT OF THE FORESEEABLE DAMAGES TYPICAL FOR THIS TYPE OF CONTRACT DUE TO A BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS; (ii) DOTT SHALL NOT BE LIABLE DUE TO A BREACH OF ANY NON-MATERIAL CONTRACTUAL OBLIGATIONS NOR FOR THE SLIGHTLY NEGLIGENT BREACH OF ANY OTHER APPLICABLE DUTY OF CARE.
THE AFORESAID LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY STATUTORY LIABILITY, AND ANY LIABILITY FOR CULPABLY CAUSED PERSONAL INJURIES. IN ADDITION, SUCH LIMITATIONS OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT DOTT HAS ASSUMED A SPECIFIC GUARANTEE.
THE ABOVE SHALL APPLY ACCORDINGLY TO DOTT'S LIABILITY FOR FUTILE EXPENSES.
WE SHALL NOT BE LIABLE FOR ANY INFECTION OR DAMAGE RESULTING FROM POSSIBLE INFECTION OF DISEASES, WHATEVER THEIR TRANSMISSION, ORIGIN AND CHARACTERISTICS ARE. YOU KNOW AND ACCEPT THE RISKS INHERENT TO THE FACT THAT THE SERVICES ARE OF A SHARED NATURE AND, THEREFORE, OTHER USERS MAY HAVE PREVIOUSLY USED THE VEHICLES.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE LACK OF AVAILABILITY OR ACCESSIBILITY TO THE APP OR THE SERVICES; INTERRUPTION IN THE OPERATION OF THE APP OR COMPUTER FAILURES, DISCONNECTION, BLOCKAGES, DELAYS OR CRASHES DUE TO OVERLOAD IN THE NETWORKS OR DATA CENTER; AS WELL AS ANY OTHER DAMAGE CAUSED BY THIRD PARTIES. LIKEWISE, WE SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY COMPUTER VIRUSES OR ELEMENTS OUTSIDE THE APP, INTRODUCED BY THIRD PARTIES THAT MAY CAUSE ALTERATIONS IN THE SYSTEMS, ELECTRONIC DOCUMENTS OR FILES STORED IN THE DEVICES.
YOU SHALL BE OBLIGED TO TAKE ADEQUATE MEASURES TO AVERT AND REDUCE DAMAGES.
FOR THE PURPOSES OF THIS CLAUSE 7 AND CLAUSE 8 BELOW, “DOTT” INCLUDES DOTT, ITS AFFILIATES, SUBSIDIARIES, OWNERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS, REPRESENTATIVES, AGENTS AND DIRECTORS.
SUBJECT TO CLAUSE 7 ABOVE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DOTT HARMLESS, FROM AND AGAINST ALL FINES, PENALTIES, CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE LEGAL COSTS) ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATED TO; AND ATTRIBUTABLE TO : (I) YOUR NEGLIGENT OR WILLFUL MISUSE OF THE SERVICES IN VIOLATION OF THESE TERMS; (II) YOUR NEGLIGENT OR WILLFUL BREACH OF THESE TERMS; (III) ANY NEGLIGENT OR WILLFUL MISREPRESENTATION IN CONNECTION WITH THE CONTENT AND INFORMATION DIRECTLY OR INDIRECTLY PROVIDED BY YOU THROUGH THE APP; (IV) ANY DEATH OR BODILY INJURY TO ANY PERSON AND ANY DAMAGE, LOSS OR DESTRUCTION OF ANY REAL OR TANGIBLE PROPERTY ARISING FROM YOUR NEGLIGENT OR WILLFUL USE OF THE SERVICES IN VIOLATION OF THESE TERMS; AND (V) ANY FINES OR OTHER PENALTIES ARISING FROM YOUR NEGLIGENT OR WILLFUL MISUSE OF THE SERVICES IN VIOLATION OF THESE TERMS YOUR OBLIGATION TO INDEMNIFY DOTT WILL SURVIVE TERMINATION OF THESE TERMS AND ANY CANCELLATION, TERMINATION OR SUSPENSION OF THE SERVICES.
Our contractual relationship is of an indefinite term as from the moment your registration for a User Account is completed.
Both parties (you and Dott) have the right to terminate the App Agreement at any time subject to a prior notice to the other party (to be provided by email to the email address specified in the "Contacts" article below). The right to terminate the App Agreement and any Individual Rental Agreement for cause without notice period remains unaffected. In case of a termination, Dott (i) will suspend the User Account and deny any further access to and usage of the Services, (ii) may claim immediate return of any Vehicles used by you as well as fees for the usage of any Vehicle until the Vehicle is returned, and (iii) the contractual relationship arising from these Terms shall cease to have any effect and validity (except for those Clauses which can be inferred to be effective even after the termination of the contractual relationship).
WE MAY AMEND THESE TERMS FROM TIME TO TIME INCLUDING APPLICABLE FEES AND INSURANCE POLICIES WITHOUT NOTICE, SAVE THAT WE WILL NOTIFY YOU OF ANY MATERIAL CHANGES VIA EMAIL AND/OR A PROMINENT NOTICE ON OUR APP OR VIA THIRD PARTY PLATFORMS, ANY AMENDMENT OR REVISION SHALL BECOME EFFECTIVE FROM THE DATE IT IS MADE AVAILABLE ON THIS WEBSITE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING ANY AMENDMENT OR REVISION OF THE TERMS (OR ANY NOTIFICATION OF MATERIAL CHANGES) SHALL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES.
11. FORCE MAJEURE
We shall not be responsible for any loss, damage, default or failure which is caused by occurrences outside of our control including, connectivity failures, interruption of communications, power outages, riots, fire, flood, windstorm, explosion, war, epidemics, pandemics, a state of epidemic or pandemic emergency, sabotage, government actions, changes of laws, regulations, administrative provisions and other rules, or acts of God.
12. GOVERNING LAW AND JURISDICTION
These Terms, the App Agreement and the Individual Rental Agreements are solely governed by the laws of Spain. Any mandatory consumer protection law remains unaffected by this choice of law clause.
Pursuant to the art. 14 of EU Regulation 524/2013 in the event of a dispute, you can file a complaint via the European Union's ODR platform which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to settle disputes arising from sales contracts or online services in the extra-judicial area.
In addition to the above, if Dott has elected to enroll in the Sistema Arbitral de Consumo through the competent Junta Arbitral de Consumo (please see Addendum A), consumers may submit arbitration requests to such Junta in relation to conflicts arising in the performance of Services, in accordance with the provisions of Royal Decree 231, 15 February.
To the extent that any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable that provision shall be struck out of these Terms, and the remainder of the Terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
You may not cede, assign or delegate any of your rights or obligations under these Terms without our prior written approval and any attempted assignment without our prior written consent is void. We may cede, assign or delegate any of our rights or obligations to a third party without your consent. In this case, you have the right to terminate pursuant to clause 9.
You and Dott are independent contractors and there is no actual or deemed partnership, franchise, joint venture, agency, employment or other fiduciary relationship between you and Dott.
Rights and obligations, which by their nature should survive the termination or expiration of these Terms or your use of the Services, will survive.
Our failure to promptly exercise any contractual right, does not of itself mean that the right has been waived unless we acknowledge and agree to such waiver in writing and it will not give rise to an ongoing waiver or any expectation that the right will not be enforced, unless it is expressly stated to do so.
These Terms are the entire agreement relating to its subject matter and supersedes all prior or contemporaneous oral or written communications, understandings, proposals of you and us relating to the subject matter of these Terms.
Any phrase in these Terms introduced by the terms “including”, “include”, “in particular” or any similar expression shall mean “including, without limitation”.
Save as those included under the definition of “Dott” in clauses 7 and 8 of these Terms there are no third-party beneficiaries under these Terms.
Should you have any questions relating to these Terms or the Services please email us at: firstname.lastname@example.org.
Dott is enrolled in the Sistema Arbitral de Consumo, through the Junta Arbitral de Consumo de Madrid.