General Terms and Conditions

These Terms of Service together with the Legal Notice and the Privacy Policy regulate the access and use of the Service provided by TUCYCLE, SL (hereinafter, “TUCYCLE”) of shared vehicle rental to Users (hereinafter, “Your “Or” User “) in the Service Area that is available, through its mobile Application (hereinafter, the” Application “or” App “) as well as services associated with said Lease aimed at enhancing the User experience, in the field of mobility.

For the use of the Application and / or the Service, the User is bound by these terms and conditions contained in the General Conditions of Services, which also include the following documents:

• Annex I: Service Fees
• Annex II – Official damage list
• Annex III – Official list of penalties

These Service Conditions have been prepared in accordance with the provisions of Law 34/2002, on TUCYCLE Information Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws.

Users who reside or are domiciled outside of Spain who decide to access and / or use the Services will do so at their own risk and responsibility and must ensure that such access and / or use complies with applicable local legislation.

Acceptance of these General Conditions and all their Annexes is an essential prerequisite for the provision and use of the Service, in accordance with the procedures established therein, in these Annexes and in the current circulation regulations in each territory.

By accessing and registering in the App / Website to use this service, or make a reservation and car rental, the User acknowledges that he has read and accepted these Terms of Service and agrees to comply with all its terms and conditions.

Likewise, the User acknowledges and accepts that access and use of this App, Service and / or Website will be subject to the Conditions of Service that are in force at the time they access it.

TUCYCLE reserves the right to modify these Conditions at any time, as well as other general or particular conditions resulting from the App. Likewise, TUCYCLE reserves the right to suspend, interrupt or stop operating the Service, App and / or the Site Web at any time.

1. Definitions

1.1. “Annexes” are the series of documents that are incorporated into these Terms and Conditions, including the Service Pricing Policy, Insurance Conditions and Withdrawal Form.

1.2. “Application” is an application for smartphone, available for iOS and Android systems, for registration as a User and acceptance of these Terms and Conditions and as a means of access for the reservation and Rental of Vehicles.

1.3. “Platform” application that adds TUCYCLE services for smartphones, available for iOS and Android systems, for registration as a User and acceptance of these Terms and Conditions and as a means of access for the reservation and Rental of Vehicles.

1.4. “Leasing” or “use” means each of the uses of the Vehicle Service that the User makes through the Application. Each use implies an individual lease between the Parties. The Lease will include the particular and specific conditions of each use of the Vehicle, including the identification of the leased Vehicle, the Lease period and the applicable Pricing Policy; that will be displayed in the Application at the end of each Lease. In particular, the Lease will be understood to have been concluded when the user starts the Vehicle.

1.5. “Password” means the password necessary for the access and individual use of the Service by the User. This password will have at least 6 alphanumeric characters and must contain at least one number and one letter.

Entering the password incorrectly for 5 attempts will result in the blocking of the user’s account.

1.6. “Vehicle” is any type of electric transport vehicle: motorcycle, scooter, or car, in the mode of shared rental for which the application is active at any time or city.

1.7. “Passenger” is any natural person who, without having made a Lease of a Vehicle with TUCYCLE and regardless of their status or not as a User of the Service, is transported in said Vehicle by a User who has formalized a Lease.

1.8. “Pricing Policy” means TUCYCLE’s pricing and tariff policy for the use of the Service and that is applicable at all times. In particular, the Pricing Policy in force at all times will be understood as accepted by the User when requesting the reservation of a Vehicle.

1.9. “Service” means the TUCYCLE service for reservation and shared Rental by minutes of the Vehicles, within the Service Zone defined by TUCYCLE, subject to availability and subscription by the User, in accordance with the provisions of these Terms and Conditions , as well as services associated with said Lease.

1.10. “User Attention Service” means the telephone or telematic service of attention to the User.

1.11. “Website” refers to the TUCYCLE website , accessible at: https://tucycle.com and http://tucycle.bike

1.12. “Company” is TUCYCLE, of Spanish nationality, domiciled for these purposes at Calle Guillermo Marconi 296, Polígono de Roces (33212 Guijón) and with NIF B52553385, provider of the Service.

1.13. “Terms and Conditions” means this document and the modifications established therein from time to time.

1.14. “User” is any natural person who registers and uses the Application and / or the Service, in accordance with the provisions of the Terms and Conditions.

1.15. “Service Zone” is the area within one or more municipalities within whose limits the Service and, where necessary, the Vehicle Leasing can begin and end. The Service Zones can be consulted, in their current state, on the Website and in the Application and will be delimited in the corresponding annex together with the pricing policy

2. Purpose of these Terms and Conditions

The purpose of these Terms and Conditions is to regulate the access and use of the Service provided by TUCYCLE SL of renting vehicles by the minute in a shared mode through the Application.

Acceptance of these Terms and Conditions and their Annexes is an essential requirement for the provision and use of the Application and / or the Service.

2.1 Acceptance

The use of the Application and / or the Service attributes the condition of User and implies the full and express acceptance of each and every one of the general or particular conditions, including its Annexes.

The User must at all times respect the applicable traffic and circulation regulations and fulfill the commitments of reservation, use and return of the Vehicle in accordance with these Terms and Conditions. Consequently, the User understands and is aware of the risks inherent to driving to which they are exposed during the rental of the Vehicle and assumes responsibility for them.

2.2 Modifications

TUCYCLE expressly reserves the right to introduce the modifications it deems appropriate in the Terms and Conditions and its Annexes.

Modifications to the Terms and Conditions and to the Price Policy that are made will be announced to the User by email and / or the publication of the same in the App and / or the Website. The changes will be considered approved if the User does not oppose them within a maximum period of one (1) month from the announcement of the corresponding change. TUCYCLE may also require the User to expressly accept the new Terms and Conditions and / or the Price Policy when using the Service.

In case of not agreeing with them, the User must refrain from continuing to use the service and the corresponding contract will be considered terminated.

The fact of making a new lease or use of the service once the changes have been communicated will imply the express acceptance of them in relation to that specific use.

3. Access to the service

In general, the User may access the Application and / or the Website freely and for free.

Access to the Service, the Application and / or Website, the Contents, as well as participation in the promotions carried out by TUCYCLE will be limited to individuals aged 18 years or older, holders of a valid driving license and valid in Spain (hereinafter, “Driving Permit”).

The User acknowledges and accepts that the access and use of the Application and / or Website takes place freely and consciously, under their sole responsibility. TUCYCLE will be in no way responsible for the use that the User and / or third parties may make of the Service, the Application and / or the Website, nor for the damages that may arise from it.

The User agrees to make proper and lawful use of the Service, as well as the Application and / or Website. Said use must therefore comply with the applicable legislation, these General Conditions of Use, morals, generally accepted good customs and public order.

The User must refrain from the following actions (not exhaustive): (i) make unauthorized or fraudulent use of the Service, the Application and / or the Website; of ( ii ) accessing or attempting to access restricted resources of the Service, the Application and / or the Website; to ( iii ) use the Service, the Application and / or the Website for illicit, illegal purposes or effects, contrary to the provisions of these General Conditions of Use, in good faith and public order, harmful to rights and interests from third parties, or that in any way may damage, disable, overload or impede the normal use or enjoyment of the Application and / or Website; to ( iv ) cause damage to the Application and / or Website or to the systems of its suppliers or third parties; of (v) introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the systems of TUCYCLE, its suppliers or third parties, of (vi) trying to access, use and / or manipulate the data of TUCYCLE, third party providers and other users; to ( vii ) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights over the Contents or it is legally permitted; and of ( viii ) obtaining or attempting to obtain the Contents using means or procedures other than those that, depending on the case, have been made available to them for this purpose.

It is the User’s responsibility to ensure that they have downloaded the correct Application on their device. TUCYCLE will not be responsible in the event that the User does not have a compatible device or has downloaded a version of the Application that is incompatible with their device. The User may only access the Application through authorized means.

The User may also access TUCYCLE services through applications that act as platforms exclusively authorized by TUCYCLE. The latter will only act solely as a platform service and the services will continue to be provided by TUCYCLE. Said promotion services through a platform do not imply any alteration or variation in the quality or content of the services provided by TUCYCLE. The ultimate purpose of this will be the promotion of services and the technology platform service.

The Platform App will not imply a transfer of the contract or the provision of the services provided by TUCYCLE. Nor will it at any time alter the rights and duties of the Users established in these terms and conditions.

3.1. Previous considerations

Access to the Application and / or Website will be subject in any case to the User’s prior registration by completing the corresponding registration process (“Registration Form”), which will be previously provided to the User. TUCYCLE reserves the right to freely accept or reject the User’s application for registration.

The data entered by the User in the Registration Form must be accurate, current and truthful at all times and will include the User’s National Identity Document (hereinafter “DNI”) and their Driving License.

The use of physical documents not corresponding to the User at the time of registration or at any time of use of the Service will be considered an infringement and will cause immediate cancellation of the Application and / or Website.

Access and use of the Application or the specific area of ​​the Website will be subject to a password assigned to the User by TUCYCLE when filling in the Registration Form (hereinafter “Registration”) and access will be deemed to have been made by said User, who will respond in all cases. case of such access and use. The User will be responsible at all times for the custody of his password, assuming, consequently, any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of it.

In case of forgetting the password or any other circumstance that poses a risk of access and / or use by unauthorized third parties, the User will immediately notify TUCYCLE so that it can immediately proceed to block and replace it. In any case, any operations carried out before said communication will be deemed to have been carried out by the User, who will be responsible and pay the damages arising from any unauthorized access and / or use that is carried out prior to said communication.

3.2. User requirements high

In order to register as a User of the Service, the User must meet the following requirements:

(i) Be of legal age (18 years).

(ii) Provide all the personal data that, in a mandatory way, are requested during the registration procedure as a User

(iii) Have a Spanish national identity document (DNI), foreigner identification number (NIE), passport or other equivalent valid and valid identification document;

(iv) Have a valid and valid driving license for each type of Vehicle that is rented in each case. For these purposes, for the use and rental of motorcycles, those Users who have:

(a) Type A1 card with any age.

(b) Type B card with a minimum age of 3 years.

(c) driving licenses issued within the European Union and / or the European Economic Area or Switzerland similar to the above.

Said permission may not be suspended, withdrawn or revoked when registering as a User of the Service and throughout the duration of the contractual relationship between the User.

This document can not be a provisional driving license.

(*) Driving licenses issued outside the European Union must be validated in each case, for which the TUCYCLE may claim the documentation or accreditation it deems necessary for each case.

(v) Have a payment method accepted by the TUCYCLE associated with your person (that is, only those in which the owner coincides with the User will be accepted as valid payment methods).

(vi) Accept these Terms and Conditions, with their annexes and the privacy policy.

In the event of loss or withdrawal of the driving license, the right to drive the Vehicle and to make Leases will be immediately suspended during the period of loss or withdrawal of the license, for those types of vehicles that such a permit is necessary. Users must immediately inform TUCYCLE of the suspension or limitation of their right to drive, the effectiveness of any driving ban or the temporary withdrawal or retention of their driving license. Users must revalidate their permissions once they have been renewed or recovered after their withdrawal.

The User guarantees that the personal data provided is true and is responsible for communicating any changes in them. The User will be solely responsible for any loss or damage, direct or indirect, that may be caused to TUCYCLE or any third party due to the completion of the forms with false, inaccurate, incomplete or unauthorized information.

TUCYCLE reserves the right to deny the registration of a user or suspend their status as a User if it considers it to be so due to observing any anomaly in the registration or any circumstance that does not comply with the principles of internal policy of TUCYCLE.

The acceptance of these General Conditions of Use by the User is an indispensable prerequisite to the provision and use of the Service, in accordance with the procedures established therein, in their corresponding annexes, and in the legislation and current traffic regulations. of Spain and, in particular, in the city of Barcelona.

By registering as a User, using the Application for the first time, as well as each time the Service is requested, the User accepts these General Conditions of Use.

3.3. Procedure for registration and delivery and validation of documentation

People who meet the requirements set forth in Clause 3 of these Terms and Conditions may register as Users of the Service by entering all the required data in the electronic form available on the Application and / or Website.

The registration and delivery process will be as detailed below:

• Fill in the Application form and document validation .

Registration will be done through the mobile application available for iPhone and Android.

To proceed with the registration and register as a User, the User must complete the Registration / User Registration form provided by TUCYCLE in its Application with their personal data. The fields filled in by the User during the registration procedure will be stored in their profile, which they will have access to and can rectify at any time through the Application and / or Website or by contacting the User Support Service. The User is obliged to keep the information provided updated.

It is a necessary part of the registration process to send, as a User, through the Application, a double-sided copy of your identification document and your driving license, for validation by TUCYCLE.

• Registration data validation .

TUCYCLE will validate the application data once the registration process has been completed, reserving the right to deny registration to a User if there are reasons to consider that they do not meet the requirements to use the Service.

In the event that TUCYCLE, for any reason, cannot validate any of the documents provided by the User, TUCYCLE may require the User to send any of said documents by email or the means by which the necessary requirements of ID.

Likewise, TUCYCLE reserves the possibility of requiring the User to carry out additional procedures to verify or verify their identity and the possession of the corresponding driving license or permit, including the possibility of requiring the User to appear in person at any of the TUCYCLE offices. or designated verification point.

(c) Completion of Registration and User Registration.

The registration is considered completed and validated once the User has provided all the data and required documentation and this has been approved by TUCYCLE. Once this process is completed, the User will receive a verification communication of his User account, consisting of an e-mail or SMS sent to the email or telephone number that he had indicated for his registration, in which he will find a link through of which you must proceed to confirmation.

In order to access and use the Service and the Application, the User must use their Username and Password, which will be assigned to them during the registration procedure. It is the responsibility of the User to duly safeguard their Username and Password for the use of the Service, preventing improper use or access by third parties.

In case of loss or suspicion of loss of any of their Passwords, the User must change them for new ones as soon as possible or, in case they cannot, notify TUCYCLE as soon as possible for the adoption of the measures considered. timely.

The User is prohibited from having more than one account, without the express consent of TUCYCLE.

4. Use of the Service

4.1. Prerequisites

In order to rent and use a Vehicle, the User must:

(i) Have downloaded and keep the Application installed on your compatible mobile device; In no case will TUCYCLE be responsible for the compatibility between the application and the User’s device.

(ii) Have completed your previous registration as a User of the Service and keep it in force;

(iii) Have been validated by TUCYCLE, in accordance with the requirements indicated in Clause 3 (Conditions of access and registration to the service);

(iv) Having chosen a form of payment accepted by TUCYCLE in the Service and having entered the corresponding data;

(v) Request a Vehicle Lease through the Application, accepting the Pricing Policy in force at that time; Y

(vi) Carry the current and valid driving license during the validity of the Vehicle Lease, whenever it is necessary to drive the type of vehicle rented.

Only Users can use Vehicles and subscribe the corresponding Lease.

Only the Vehicles identified as available can be leased at the time the User intends to make a Lease.

TUCYCLE may reject the reservation in the event that the selected Vehicle is not available to meet the reservation request for any reason. The reservation of a Vehicle will be understood as confirmed when TUCYCLE communicates it to the User by means of a notification through the Application [and / or by sending a confirmation of your reservation by email or SMS].

The User can reserve a Vehicle free of charge for the maximum time specified in the Application without initiating its Lease. After this period has elapsed without the User having initiated the use of the Vehicle (and, therefore, without its Lease having started), the reservation will be automatically canceled, and it may be accessible for reservation by any other User. TUCYCLE reserves the right to apply to the User the corresponding penalty provided in the Price Policy in the case of repeated reservations without starting the trip.

The duration of the Vehicle Lease will be shown in the Application during the period of use of the Vehicle by the User, as well as the cost of the same. At the same time that the User ends the corresponding Lease, the User will be able to see on the application screen a final summary of the cost and total time of the Lease broken down.

4. two . Obligations of the User before and during the journey

The User must make use of the Motorcycle Service, with the utmost diligence and in accordance with these General Conditions of Use and all its Annexes and, if any, any other binding legal documents between the User and TUCYCLE.

Before using TUCYCLE motorcycles, the User must:

(i) Before starting to drive, check the condition of the Vehicle to verify defects, visible damage or a state of serious dirt, and inform TUCYCLE about it through the Application by filling in the form available in the same to these effects or by calling the User Service Center. The User is obliged to provide the corresponding information in a faithful and complete manner. TUCYCLE may prohibit the use of the Vehicle if driving safety could be compromised;

(ii) Ensure that the Vehicle is in adequate condition to be driven and with a level of autonomy necessary to complete and complete the desired journey in the places provided for this purpose (TUCYCLE may penalize the User in the event that the TUCYCLE motorcycle remains No battery); and in turn, ensure that the battery of your mobile device is sufficient to complete and complete the desired journey (TUCYCLE may penalize the User in case of abandoning the vehicle without first ending the journey).

(iii) Comply with all legal requirements in relation to the operation and use of the Vehicle, specifically the Law on Traffic, Motor Vehicle Circulation and Road Safety, the General Traffic Regulation and municipal parking ordinances, as well as any other regulation that could replace or complement them.

(iv) Use the TUCYCLE motorcycles exclusively for their personal movement, respecting at all times the limits represented on the map of the Application (hereinafter, the “Operation Zone”);

(v) Carefully and diligently use the TUCYCLE motorcycles, their equipment, their tools, their accessories and their documentation and leave them in the same state in which the User received them (before starting their use, the User must check the condition of the motorcycle TUCYCLE, its equipment, its tools, its accessories and its documentation and if it detects any defect or anomaly, the User must immediately notify TUCYCLE through the Application);

(vi) In case of appreciating any of the described circumstances or an anomalous situation, the User must immediately stop the motorcycle, as far as possible and in adequate safety conditions, and communicate said circumstances as soon as possible to the Customer Service Department. Client.

Upon reaching the place where the Vehicle is parked, the Application will allow the User to start the Vehicle, starting from that moment the Lease. Once the Vehicle has been started, the User may:

(1) Access the helmet compartment, located in the trunk of the Vehicle, by activating the corresponding button on the Application.

All Vehicles will have two helmets that must be used by the User and the Passenger, if any.

(2) Lower the Vehicle from the center or side stand and press the “MODE” button on the Vehicle handlebar to start it.

The User may pause the trip by pressing the “Pause” option in the Application. This break will not end the Lease, so the Lease minutes on pause will continue to be billed according to the applicable rate that results from the Pricing Policy. In the beta test phase, the pause will be limited to a duration of 15 minutes and when the paid service starts it will be extended to a maximum of 6 hours.

If during the use or Lease, any operating anomaly is detected or any warning light on the Vehicle display or any external sign of failure or malfunction is illuminated , the User must stop the Vehicle and report such circumstances as soon as possible to the Customer Service Center. User.

4.3. Use of helmet and accessories

All Vehicles will have two helmets that must be used by the User and the Passenger, if any.

Access the helmet compartment, located in the trunk of the Vehicle, by activating the corresponding button on the Application.

All accessories and complements of the vehicle are property of TUCYCLE. The User agrees to make proper and lawful use of them. Likewise, the User must return them at the end of the journey.

5. Completion and parking

When the User wishes to terminate the Vehicle Lease, he must correctly park the Vehicle in a place enabled for the parking of this type of vehicles within the Service Area, and raise, where appropriate, the Vehicle to the central or side stand and store the helmets in the trunk. At that time, the User may terminate the Lease by clicking on the “End” option through the Application.

If the User abandons the Vehicle without having completed the Lease termination process correctly, the Lease will continue in force at the User’s expense and TUCYCLE may penalize the User in case of abandoning the vehicle without completing the trip.

To end the use or Lease of the Motorcycle, the User is obliged to:

• Properly park the motorcycle in a Service Area in accordance with the Highway Code and in a place authorized to do so. For the above purposes, the User may not park the Motorcycle in private or company facilities (such as garages, patios, among others) that are not expressly designated as TUCYCLE car parks. The prohibition will also apply to customer parking in shopping centers, supermarkets, restaurants, among others. The motorcycle must be parked in a location accessible to anyone at any time. Nor may you park the Motorcycle in areas with parking restrictions on certain days or hours (loading and unloading areas, areas reserved for authorized vehicle parking, etc.) or areas in which time or temporary parking restrictions have been imposed, due to example, due to an event;
• Make sure the motorcycle is clean and in good condition for use.
• Store the two helmets in the trunk of the motorcycle and make sure that it is properly closed, as well as check that there are no personal objects left inside it; and make sure that the other accessories and documents belonging to the Motorcycle are in order and in their place.
• Make sure that the central or side stand of the Motorcycle is properly positioned.

If the Lease cannot be terminated for any reason, the User will notify TUCYCLE without delay by any of the means of communication established in these Terms and Conditions and will remain with the Vehicle until TUCYCLE has made a decision on how to use it. proceed in this regard. The additional Leasing expenses will be reimbursed by TUCYCLE to the User once it has been verified that the User is not in default.

Any damage or harm caused by the return of the Vehicle contrary to the provisions of these Terms and Conditions may give rise to the imposition of the penalties provided for in the Price Policy, as well as compensation for the damages caused to TUCYCLE and / or or to any third party.

TUCYCLE reserves the right to terminate leases that exceed a maximum duration of 10 hours. After this period, the Vehicle will be blocked once it is parked.

In no case TUCYCLE will be responsible for the damage, theft or loss of any personal object of the user, and specifically of the mobile phone or devices for which the service is used. The TUCYCLE declines any responsibility on the user for their goods that they use or leave inside the trunk or in any other accessory of the Vehicle, during the use of the same or once the service is finished.

6. Infractions and prohibitions

The behaviors that are detailed below (with an enunciative and non-limiting purpose) will be considered serious infringements by the Users and serious breach of these Conditions.

• Driving the motorcycle without being a TUCYCLE User or having accepted these Terms and Conditions;
• Make multiple (more than two) reservations of one or more TUCYCLE motorcycles without actually starting the rental.
• Alter, reproduce, clone or make inappropriate or fraudulent use of the Application and / or Website .
• Allow the use and driving of TUCYCLE motorcycles by people other than the User;
• Assign, sublease, rent, mortgage, pledge, sell or in any way give as guarantee or dispose of TUCYCLE motorcycles or their documentation, equipment, tools, accessories, parts or pieces thereof.
• Driving TUCYCLE motorcycles on unauthorized roads, areas or enclosures or on roads not accessible to public traffic, not paved or whose condition could pose a risk of damage to TUCYCLE motorcycles;
• Driving under the influence of alcohol, narcotics, narcotics, fatigue or illness that diminish or alter your ability to drive;
• Transport more than one (1) companion or any companion who does not meet the requirements on companions established in the legal provisions in the place and at the time of use of the Service, including those related to age and height and use helmet;
• ; Transporting people or goods for commercial purposes or for consideration; or in any other way integrate the Vehicle Leasing in their commercial or professional activity .
• Transporting goods or substances that are toxic, flammable and, in general, dangerous and / or that violate current legal provisions;
• Transport live animals .
• Transport goods that violate the Law or current legal provisions, or for illegal purposes .
• Transport all types of packages or objects in weight, quantity and / or volume greater than that authorized in the Circulation Permit and / or the Vehicle Technical Inspection Sheet .
• Transport TUCYCLE motorcycles aboard any means of land, sea or air transport;
• Participate with TUCYCLE motorcycles in races, contests or challenges of any nature, as well as use TUCYCLE motorcycles for driving practices;
• Carry out any type of intervention, modification, manipulation, repair or replacement of any part or accessory of TUCYCLE motorcycles;
• Exceeding the weight, quantity or volume authorized in the Driving License or technical sheet of the TUCYCLE motorcycle;
• Use TUCYCLE motorcycles to commit criminal acts, make dirt, commit an act of vandalism or leave the vehicle in poor condition;
• Facilitate or maliciously or negligently commit by the User theft, robbery and / or acts of vandalism in relation to TUCYCLE motorcycles;
• Not notify the suspension, revocation, withdrawal, etc., of your Driving License;
• Park TUCYCLE motorcycles outside the Operation Zone; The user will be responsible for the costs arising from returning the vehicle to the Operation Zone in the terms provided and in the applicable price rates according to Annex I;
• Park TUCYCLE motorcycles in places where it is not allowed according to the applicable regulations in the locality where they are used;
• Park TUCYCLE motorcycles off public roads or in private areas or in restricted places for other TUCYCLE users;
• Any other Use that may pose a risk to the rest of the Users of the Road or the User himself;

In the event of any of the above situations or any analogous situation or that produces an illicit result, and as long as the User notifies TUCYCLE in writing, they will have the right to terminate this contract with immediate effect, without prejudice to being compensated for the damages caused by the User, as well as raising the claim actions that it deems pertinent in the corresponding jurisdiction.

7. Damages, theft and bail

7.1. Damages and responsibility of the User

The User will be responsible for all damages caused to the vehicle during the use of the Service that were attributable to him. In addition, the User must inform TUCYCLE of any incident related to the Service through the contact channels provided in these Terms and Conditions.

Without prejudice to the application of penalties, in case of non-compliance or irregular compliance by the User of the obligations indicated in these General Conditions of Use, and in particular in the case of lack of diligence or fault, negligence and malpractice, the User , will be considered responsible for the damages caused to the vehicle and will be obliged to pay TUCYCLE for the damages caused to the motorcycles. The official list of damages appears, for this purpose, in Annex II.

Consequently, the User authorizes TUCYCLE to charge and bill the repair costs or other costs derived and corresponding to the damages incurred through the payment method provided by the User.

If TUCYCLE receives a claim for damages as a result of an accident, without having received notification and documentation from the User who was in charge of the Vehicle at the time of the accident, it reserves the right to claim the corresponding costs, as well as to resolve the contractual relationship between the Parties.

The User undertakes in any case to collaborate with TUCYCLE as soon as it is required to enforce the rights of TUCYCLE as the owner of the Vehicles before the competent bodies and courts, as well as before the corresponding insurance entities, providing as much information as necessary.

7.2. Theft and loss

In the event of theft, loss, theft, misplacement or abandonment of TUCYCLE motorcycles attributable to the User, the User will also be obliged to pay TUCYCLE the expenses established in Annex II.

In the event that the Vehicle or any of its accessories were subject to loss, theft or acts of vandalism by third parties, the User must contact the User Attention Service and report said acts and follow the instructions below: (i ) contact TUCYCLE reporting the incident; ( ii ) report it to the relevant authorities ( iii ) send a copy of the report to TUCYCLE within 24 hours of reporting the incident to the authorities.

7.3. Deposit

TUCYCLE reserves the right to retain a deposit of € 250 to the User in the event of an incident during the use of the Service. In this case, the deposit will be returned after verifying the correct return of the TUCYCLE motorcycle and verifying that it is not damaged. In case of presenting them, the corresponding value will be returned after deducting the amount of the damages or other costs to be paid by the User, in case they are attributable to him.

8. Insurance and accidents

All TUCYCLE motorcycles linked to the Service have Civil Liability insurance in accordance with current legislation.

Civil liability insurance will be subject to the terms of the policy and the general conditions regarding compulsory motor vehicle insurance provided for in the Insurance Contract Law.

In the event that the User breaches any obligation provided in the Insurance Contract Law and this results in the insurance company’s payment exemption, the insurance coverage provided will not be applicable.

The insurance coverage will not apply if the damages are caused deliberately or negligently by the User.

In the event that the damage is caused by intent or gross negligence, the User will be liable to TUCYCLE in accordance with the Insurance Contract Law.

The Insurance will not be responsible for any damages that the User may cause during the use of the Service, when the latter is at fault, so the User will have to bear the costs of repairing TUCYCLE motorcycles that have been damaged and / or disabled during the Service and / or its accessories (trunk, USB, mobile support, additional accessories). The repair of such damages must be borne by the User.

The Insurance does not cover the theft or theft of personal items left inside TUCYCLE motorcycles; punctures or blowouts of tires; the damages and losses of own or of third parties that occur as a result of the driving of TUCYCLE motorcycles without respecting the traffic regulations, motor vehicle circulation and road safety, as well as in the case of driving of the TUCYCLE motorcycles by a third person other than the User. In such cases, the costs associated with the repair of such damages will be borne by the User.

In the event of an accident, the User will send the corresponding accident report to TUCYCLE, within a maximum period of 24 hours from the moment the alleged event occurs, except in cases of force majeure that prevents it. Failure to deliver said document implies an additional charge of 120 euros, whatever the value of the damages that the TUCYCLE motorcycle presents, the amount of which will in any case be invoiced to the User.

If TUCYCLE receives a claim for damages as a result of an accident, without having received the corresponding notification and documentation from the User who was in charge of the TUCYCLE motorcycle at the time of said accident, TUCYCLE reserves the right to claim the costs corresponding to the User plus a penalty, as well as to suspend the provision of the Service to the same.

The User will be responsible for all damages caused if he / she does not properly complete the Accident Report, or where appropriate, the corresponding accident or theft report, which includes the data of the vehicles, drivers and circumstances of the accident.

In any of the aforementioned cases, the User will be exclusively responsible for any damages and / or losses suffered by TUCYCLE motorcycles, its occupants or any third parties.

Accessories (helmet, smartphone holder, trunk, …) are not covered by insurance and are under the responsibility of the User.

The insurance will not cover the damage, theft or theft of personal belongings left inside the vehicle, as well as damages or losses of their own or of third parties that occur as a result of driving the vehicle in conditions contrary to traffic regulations and road safety, as well as in the case of driving the vehicle a different third person.

For any additional questions regarding the coverage of the Policy, the User may contact Customer Service or any of the established means of communication.

9. Fines, sanctions and administrative penalties

TUCYCLE reserves the right to identify before the Public Administration or any competent authority those Users who have committed a traffic violation while using the Service or parking in prohibited areas according to the corresponding local regulations. Likewise, TUCYCLE may also claim from the User the expenses derived from the infractions committed, in accordance with the provisions of Annex III.

All the expenses and charges suffered by TUCYCLE and the penalties resulting from legal processes derived from the use of the Service and the TUCYCLE motorcycles by the User, will be charged to the User who was using the TUCYCLE motorcycles at the time of committing the infringement.

Failure to pay the penalties and / or sanctions will lead to the suspension and / or termination of the contractual relationship between TUCYCLE and the User, and TUCYCLE may claim said amounts without prejudice to the measures it deems appropriate to compensate for the damages. and damages caused, as well as raise the claim actions that it deems pertinent.

The User is responsible for checking that there are no temporary prohibitions (for works, markets, parties, events, tree pruning, filming, etc.) in the parking area. In the event that this is the case, you will not be able to terminate the Service if the temporary prohibition begins in less than 7 days (for example, if the parking prohibition begins on Tuesday at 09.00, the User is authorized to park until 09.00 on Tuesday above ).

Not only is it prohibited to park in loading and unloading areas, but also, and generically, in any area subject to time limits of any kind. If there is a parking of these characteristics, even during permitted hours, the user who left the vehicle parked there will be responsible for the offense.

If the vehicle is removed by the municipal tow truck, during the service or after having finished it in a prohibited parking area, all costs and derived administrative penalties will be billed to the User responsible for the offense, in addition to the corresponding penalty, as specified in Annex III.

Failure to pay the penalties and / or sanctions will lead to the suspension of the use of the Service by TUCYCLE, who may, in addition to claiming said amounts, adopt the measures it deems appropriate to compensate for the damages caused, as well as raise the claim actions that it deems pertinent before the courts.

10. Payment and billing conditions

10.1. Rates

Enrollment in the TUCYCLE Service is free.

The current rates for the use of the Service for each City are detailed in Annex I of these Terms and Conditions. Thus, the User can also consult them in our App and / or Website support@tucycle.bike .

Said rates may be updated at any time by prior notification to the User in the App and / or Website and will apply to any reservation after notification.

10.2. Collections, cards and billing

The fees applicable to the Service will be charged by TUCYCLE automatically, once the journey is completed, through the credit, debit card and / or any other payment method provided by the User in the Registration Form.

After requesting a service, TUCYCLE reserves the right to request pre-authorization for the payment of the journey to the credit entity linked to the credit or debit card that the User has entered in the Application.

In no case will said pre-authorization entail the effective payment of the journey to be made, which will only be made once it has been completed.

The fees charged will not be refundable. The rates and the cancellation and compensation expenses, as well as their updates, are available at any time on the Application and / or Website and are subject to possible modifications. The User is recommended to periodically access the Application and / or Website to find out the applicable rates at all times.

In the event of detecting a problem with the payment of a journey, the User will have a maximum period of 30 days from the date of the journey to claim its revision and rectification.

In accordance with the provisions of the Privacy Policy, the credit card data provided in the Registration Form will be sent to the payment provider company responsible for storing said User data.

The User must access or may be redirected to the website of the payment provider through the link provided for this purpose in the Registration Form. In any case, the User is recommended to consult the terms and conditions of use and the privacy policies of the third-party websites that they access through links included in the Application and / or Website.

For security reasons, it is not allowed to use the same payment method in more than two independent accounts. In the event that this number is exceeded, TUCYCLE may proceed to block the service to all accounts until ownership of the accounts and the payment method is documented.

Non-payment will lead to the temporary suspension of the User’s account, who will be notified for the regularization of the account. Once the non-payment has been corrected, the account will be reactivated.

The repetition of defaults by the same User or the impossibility of regularizing said defaults will entitle TUCYCLE to (i) cease the provision of the Service to that User, ( ii ) take the relevant legal actions and ( iii ) claim the User for the damages caused to TUCYCLE as a consequence of the aforementioned non-payments.

10.3. Promotions

All promotions and discounts will be available on the Application and / or Website. TUCYCLE reserves the right to restrict the use and to recover the amount of the promotions, invitations and discounts to those Users who make an inappropriate, illegal or abusive use of them.

It is strictly prohibited for a User to create different TUCYCLE accounts or share an electronic payment method with other Users in order to unduly benefit from discounts and invitations, which is considered a breach of these General Conditions of Use.

Finally, the value of the invitations or discounts may be limited to certain User profiles.

Regulation of the use of promotional codes created for specific actions of the TUCYCLE Marketing department:

1. All promotional codes are for single use by the same User who may not enter the same code more than once. Likewise, these codes are personal and non-transferable.
2. Each promotional code has a specific validity indicated previously. In case of expiration, it will lose its validity.
3. The amount of promotional credit may vary according to the promotional code to which it refers.
4. Promotional codes are not cumulative unless expressly stated otherwise.
5. Certain promotional codes may be limited to a certain number of uses, in this case Users will be previously informed .
6. Typologies of promotional codes:

– General promotional codes, for new Users and Users already registered.

– Referral promotional codes, to invite friends to register, so that they have free credit to test the service. This code also grants credit to the inviting User, when the invited User makes their first trip. This code will be limited to the maximum activation of 10 reference codes per inviting User and a single use for the invited User before making their first trip.

7. The free credit obtained through a promotional code expires 3 months after its activation, unless otherwise stated, and will be discounted as they are used, in the different rentals. In addition, TUCYCLE reserves the right to cancel or reduce the value of discounts, invitations and promotions at any time.

11. Intellectual and industrial property rights

The User acknowledges and accepts that all intellectual and industrial property rights over the Contents and / or any other elements inserted in the Application and / or Website (including, without limitation, trademarks, logos, trade names, texts, images, graphics , designs, sounds, databases, software, flowcharts, presentation, audio and video), belong to TUCYCLE.

TUCYCLE authorizes the User to use, view, print, download and store the Contents and / or the elements inserted in the Application and / or Website exclusively for their personal, private and non-profit use, refraining from carrying out any act of decompilation , reverse engineering, modification, disclosure or supply.

Any other use or exploitation of any Content and / or other elements inserted in the Application and / or Website other than those expressly provided herein will be subject to the prior authorization of TUCYCLE.

• The use by the User of the Service, the Website or the Application does not grant the same any right over the industrial and intellectual property rights of TUCYCLE or any third party, the User being obliged to respect each and every one of industrial and intellectual property rights, including trademarks, logos, domain names or any other industrial or intellectual property rights owned by TUCYCLE or third parties.
• It is expressly prohibited the performance by the User of any act of reproduction, distribution, public communication or other forms of making available, transformation and, in general, any other form of exploitation of any content, information or materials to which that the User can access through the Service, the Website or the Application, either totally or partially, unless expressly authorized in writing by whoever is the owner of said elements.

To preserve, protect, detect, prevent crimes and analyze the performance of TUCYCLE motorcycles, TUCYCLE will use electronic devices that allow monitoring their status, operation and tracking their movements. This information may be used during and after the termination of each Service, with the sole purpose of executing, controlling and complying with said Service, as well as analyzing the performance of TUCYCLE motorcycles. The collection and use of said information will be treated in accordance with the provisions of TUCYCLE’s Privacy Policy.

By accepting these General Conditions of Use, the User expressly declares that they have granted their explicit consent to the use of said electronic devices.

12. Exclusion of guarantees and responsibility

TUCYCLE does not guarantee the availability and continuity of the operation of the Application and / or Website. Consequently, TUCYCLE will in no way be responsible for any damages that may arise from (i) the lack of availability or accessibility to the Application and / or Website; ( ii ) the interruption in the operation of the Application and / or Website or computer failures, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, in the Internet system or in other electronic systems, produced in the course of its operation; and ( iii ) other damages that may be caused by third parties through unauthorized interference beyond TUCYCLE’s control.

TUCYCLE cannot guarantee that the actual location of the vehicle exactly matches that indicated in the application.

TUCYCLE does not guarantee the absence of viruses or other elements in the Application and / or Website introduced by third parties outside of TUCYCLE that may cause alterations in the User’s physical or logical systems or in the electronic documents and files stored in their systems. Consequently, TUCYCLE will not be in any way responsible for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the User.

TUCYCLE has adopted various protection measures to protect the Application and / or Website and the contents against computer attacks by third parties. However, TUCYCLE does not guarantee that unauthorized third parties cannot know the conditions, characteristics and circumstances in which the User accesses the Application and / or Website. Consequently, TUCYCLE will in no way be responsible for any damages that may arise from such unauthorized access.

By subscribing to these General Conditions of Use, the User declares that they will hold TUCYCLE, its parent company, directors, partners, employees, lawyers and agents harmless against any claim arising from (i) breach by the User of any provision. contained in these General Conditions of Use or of any law or regulation applicable to them, ( ii ) breach or violation of the rights of third parties including, but not limited to, third-party carriers, other drivers and pedestrians; and ( iii ) breach of the permitted use of the Application and / or Website.

Consequently, the User understands that (i) with the use of the Application and / or Website and consequently the rental of a means of transport, they may be exposed to the risks inherent to driving, ( ii ) and that said activity is performed at your own risk and responsibility.

As it is a shared vehicle rental service, TUCYCLE will in no way be responsible for the theft, loss, theft, misplacement or abandonment of personal items left inside the motorcycles.

13. Disclaimer

With the exception of cases of intent or gross negligence on the part of TUCYCLE, TUCYCLE will not be responsible for direct or indirect damages of any nature that the User or a third party may suffer in any way by the Service, not directly attributable to them, or changes in the procedures, schedules and conditions of supply of the Service also due to suspension, interruption or lack of availability, caused by vehicles, technological equipment and any other cause attributable to both TUCYCLE suppliers and third parties in general.

TUCYCLE is exonerated of responsibility for the risks that were not covered by the subscribed policies, being in this case, the account and exclusive responsibility of the User all damages and losses caused by or in the rented vehicle, forcing itself to repair its components, in case of partial damage and in the event of total loss to be paid to TUCYCLE one compensation equal to the amount stipulated in the offer made to the company by the vehicle.

TUCYCLE’s liability for total or partial breach of obligations due to force majeure is also excluded, including, but not limited to: actions of public administration, actions of public authorities, legal restrictions, fires, floods, explosions. , demonstrations, riots, strikes, labor disputes, lack of raw materials, power failures, interruption of communications or others.

TUCYCLE reserves the right to modify, permanently or temporarily, the Service and parking areas, depending on the reasons mentioned in the previous point.

In any case, the User expressly releases TUCYCLE from any liability for damages of any kind suffered by the User or by third parties in relation to the provision of the Service (as long as they were not directly attributable to TUCYCLE) .

14. Location Devices

TUCYCLE, in order to preserve, protect, detect, prevent crimes and analyze the performance of the Vehicle, uses electronic devices that allow it to monitor the condition and operation of the Vehicle and follow its movements at all times.

The collection and use of said information will be treated in accordance with these Terms and Conditions. For which, the User is expressly informed about the use of said electronic devices by TUCYCLE and about the treatment that TUCYCLE will carry out of the information collected through them.

This information may be used by the TUCYCLE in order to analyze and validate the proper use of the Service by the User, as well as the performance of the Vehicle.

The geolocation data will be kept for a period of 30 days from each displacement or use, after which they will be unlinked from the user and identification data of each Vehicle, proceeding to the elimination of them.

15. Protection of personal data

In accordance with the provisions of current legislation on the protection of personal data (Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and Organic Law 3/2018, of December 5, on Data Protection and guarantee of digital rights (LOPDGDD), we inform you that the personal data (hereinafter, “Data”) that the User communicates to TUCYCLE by accepting these Terms and Conditions, will be treated according to the purposes described and accepted in a manner expressed by the User, indicated in “Section 2. Purpose of these Terms and Conditions” of this document, as well as those that are reflected in the Privacy Policy of the App.

The User may withdraw consent at any time without this action affecting the data processing carried out up to that moment, and may exercise the rights of access, rectification, deletion, portability, limitation and opposition and, in the event of any fact that he considers as an infringement. of the current regulations on data protection, you may file a claim with the competent authority.

To solve any doubt related to the protection of their personal data, the User must contact our Data Protection Delegate, by sending an e-mail to support@tucycle.bike

The additional provisions relating to the protection of the personal data of the Users will be reflected in the Privacy Policy expressly signed by the User.

16. User Service

The User may formulate any type of complaint or claim about the services provided or about these Terms and Conditions, or any of its annexes, through the User Service Center, by sending an e-mail to support@tucycle.bike or through the communication channels specified on the Website and Application.

17. Duration and termination of the contract

The contractual relationship between the User and TUCYCLE has an indefinite duration from the acceptance of its registration, however, any of the parties may proceed to its resolution at any time.

The fact of not using the Service will not imply the loss of validity of the contract and, therefore, all the contractual conditions will be applied until the User makes the express declaration of causing the Service to be canceled or its resolution by TUCYCLE.

The User may unsubscribe from the Service by sending a written communication to the address support@tucycle.bike or through any channel established by these Terms and Conditions of the Service.

By unsubscribing, the User will lose their user status. Access to the Service will be deactivated and this contract and any relationship resulting from it will cease to have effect and validity (except for those clauses that can be inferred to be effective even after the end of the contract, such as, for example, defaults and debts).

TUCYCLE may terminate or suspend the validity of the contractual relationship in cases in which the Terms and Conditions of Contract are breached. In such cases, TUCYCLE may (a) give a period of seven (7) days to correct said breach or (b) proceed to the automatic termination or suspension of the Service provided with immediate notification to the User.

The access data to the Application and / or Website (user, email, password, etc.) are personal and non-transferable. If a User loses their mobile device or suspects the fraudulent use of their TUCYCLE User account by a third party, they must immediately notify TUCYCLE for its proper investigation and subsequent blocking.

The User is prohibited from having more than one account, except with the express consent of TUCYCLE.

18. Right of withdrawal

TUCYCLE guarantees its Users their right of withdrawal from the process of contracting and registering as a Registered User (and, of the conditions, of these Terms and Conditions), within fourteen (14) calendar days from the date of their subscription, provided that have not proceeded to carry out any Vehicle Leasing. The Leases cannot be withdrawn or canceled by the User once they have been confirmed by TUCYCLE, in accordance with the provisions of the regulations on the defense of the rights of consumers and users. Therefore, the formalization of a first Lease will mean for the User the loss of the aforementioned right of withdrawal.

To exercise the right of withdrawal, the User must contact TUCYCLE through the unsubscribe button on the website, by telephone call to the User Service Center or by sending by email the withdrawal form included at the end of these Terms and Conditions, informing about their decision to withdraw from this contract by means of an unequivocal declaration.

19. Assignment

The User may not assign their rights and obligations arising from these General Conditions of Use without the prior written consent of TUCYCLE.

TUCYCLE may assign, without the need to obtain the prior consent of the User, these General Conditions of Use to any entity within its group of companies, worldwide, as well as to any person or entity that succeeds it in the exercise of your business by any titles.

20. Modifications

TUCYCLE reserves the right to make changes to these General Conditions of Use, annexes and Privacy Policy at any time. Users may consult the aforementioned modifications through the Website.

Any modification will be communicated to the User via email, in addition to being published in http://tucycle.bike/ Any change will be considered accepted by the client if he does not oppose them in writing within six (6) weeks from their notification or publication.

21. Validity of the clauses

In the event that one or more of the Clauses of these Terms and Conditions are declared invalid or void, this will not affect the validity of the rest. In this case, the parties undertake to complete the resulting spaces in accordance with the spirit and presumed will of the contracting parties and to replace the invalid clauses with valid ones that are as close as possible to the invalid ones in the economic and non-material sense. .

22. Applicable law and jurisdiction

These General Conditions of Use, or any of its annexes, as well as the relationship between TUCYCLE and the User, will be governed and interpreted in accordance with current Spanish legislation.

Without prejudice to the rights that may assist the User as a consumer or user, the Parties, expressly waiving their own jurisdiction, submit any controversy or litigation that may arise from the interpretation or execution of this Contract to the Courts and Tribunals from the city of Barcelona.

Annex I. Service Fees

This Annex details the rates applicable to the Service during its term.

These Rates will be kept updated on our App / Web site. Likewise, any change will be notified to the User.

The User may view from the web http://tucycle.bike/ the rate applied for travel time sections:

*The 15th minute not included (up to 14:59 min)

The first two free minutes of preparation will be included separately on each trip.

The break will not entail additional cost, it will be a modality accounted for within the normal count of minutes of the trip.

Last update, June 20, 2020

Annex II – Official Damage List

Prices subject to MO (€30/h)

Last update, May 05, 2020

Annex III – Official list of penalties

NOTE: The established penalties will be charged without prejudice to the penalties applied, which will be charged separately, by the public administration or banking entity, depending on their nature.

Damage and penalty prices do not include VAT.

Last update, July 29, 2020