Kleta Subscription Terms and Conditions

The following Subscription Terms and Conditions apply to any subscription you make with us or through this Website, so we recommend to its content carefully.

Your subscription to this Website is subject to your acceptance of our terms. If you do not agree with any of them, do not continue with the order process. By confirming that you want to subscribe a Kleta through this Website, you will express that you have read, understood and accepted our terms. If there is any section that you do not understand clearly, or if you have any questions about the subscription of Kleta or any other product, please contact us.

We are KLETA MOBILITY, SL a limited company registered in Spain (Barcelona), under the tax identification number B-07114082 and with a registered office at Carrer de Puigmartì 7, Bajos (08012 Barcelona).

Definitions:

“You” is the customer (main user of the bicycle), who completed the order process and has the right to drive the KLETA MOBILITY, SL bicycle

“Kleta” is the bicycle that KLETA MOBILITY, SL rents to you during your subscription and will include all the parts and accessories installed on it at the beginning of the rental.

“E-Kleta” is the bicycle with an electric motor integrated in the front wheel. It is a type of electric bicycles from KLETA MOBILITY SL According to current legislation, the electric bicycle motor does not exceed 25 km / h and the power is less than 250 W. The motor does not give power without a pedal movement. Without pedaling, the motor assistance is not activated. The license plate number and driver’s license are not required.

“Kleta Bikes” means both Kleta and e-Kleta together.

“Bicycle” means interchangeably Kleta or e-Kleta.

“Damage” is any damage that occurs to bicycles (including seat, pedal, wheel …) and any damage that occurs to the property of third parties where applicable.

1.General

1.1. These Subscription Terms and Conditions (“STC’s”) apply between you as a Customer and KLETA MOBILITY (“we”) and regulate the terms and conditions of the bicycle subscription provided by KLETA MOBILITY at all times.

1.2. For the purposes of these STC’s, Kleta Bikes may be any type of bicycle as agreed between you and us in your subscription (as defined below). These STC’s are part of the contract between you and us (“Subscription”) and apply to the exclusion of all others. Terms that differ from these conditions, conflict with or supplement these STC’s will only become part of the contract if we have expressly consented to them in writing.

1.3. The legally relevant statements and notices that you want to give us after the conclusion of the contract (for example, establish deadlines, reminders, declarations of withdrawal from the contract), must be made in writing to be valid, unless expressly stated otherwise in these STC’s.

2. Subscription bike and insurance

2.1. During the Subscription Period, we will make available a Kleta and / or e-Kleta, according to the Client’s request. The details of your Subscription and the details of your bike are agreed as part of the online ordering process on our website (“Order Process”).

The main steps to place an online order are the following:
Step One: Selecting Your Kleta Mobility Subscription by clicking the button “Subscribe”.
Second Step: Confirmation. You must register or log in to confirm the subscription and complete your subscription. You will be asked to provide your registration email and then your credit card details, first name, last name, address, city, country, zip code, and phone number. Once these details have been completed, you must press the “Buy now” button.
Third step: Kleta Mobility Notice. After completing the order process, you will receive a notification confirming your subscription. The confirmation email will include the main details of your subscription. Next, we will agree on the time and place for the delivery of the Bicycle.

2.2. When you receive the Bicycle, we will verify your personal data with you (for example, by providing a valid official identity document). At the time of delivery, you are obliged to confirm in writing that you have received the Bicycle and that the personal data you have provided is correct. You are obliged to notify us without undue delay of any changes to your personal data during the Subscription Period (for example, if your address changes). In the event that you wish to change your Subscription, you must obtain the consent of KLETA MOBILITY, SL in advance.

2.3. You can only use Kleta bikes within the city of Barcelona or Valencia. The use of Kleta Bikes is possible within the metropolitan area, but we cannot guarantee the same level of service (that is, the maintenance of the Bicycle) that is offered to the Bicycles used within the city of Barcelona or Valencia, ​​unless this has been explicitly confirmed by us in advance. Keep in contact with support@kleta.es if you want to use Kleta Bikes outside the metropolitan area.

2.4 KLETA MOBILITY, SL offers its users the possibility of subscribing to a bicycle liabilility insurance through YUKAR BROKER, SL (“GOCLEER” -commercial name-): an intermediary who acts as an insurance broker, duly registered in the Registry special administrative office of insurance mediators of the General Directorate and Insurance and Pension Funds, a body dependent on the Ministry of Economy, Industry and Competitiveness of the Spanish State, with the code J-3826.

The insurance products advertised on this Website are offered without advice, and for informational purposes only. In this sense, to contract the GOCLEER insurance, you might be redirected to another website owned by YUKAR DIGITAL, SL, parent company of YUKAR BROKER, SL subject to contract terms and conditions and a privacy policy outside of KLETA MOBILITY, SL. In any case, the user consents to KLETA MOBILITY, SL the communication of their personal data, so that GOCLEER, as data processor, can satisfy the insurance request or request for information.

GOCLEER’s customer service hours for bicycle insurance matters will be as follows:
Monday to Thursday from 09:00 to 18:00 (GTM + 2 Barcelona time)
Friday from 09:00 to 15:00 (GTM + 2 Barcelona time)

And the WhatsApp support phone is +34 622 678 142.

3. Availability of Kleta Bikes

3.1. During your Subscription Period, we will make a Bicycle available to you. Details on how to make a Kleta Mobility bike available to you are agreed as part of the Order Process.

3.2. You can choose a specific color for your Kleta Bikes and add other accessories such as baskets or children’s chairs to your subscription. However, you are not entitled to a particular bike and we reserve the right to provide you with a bike in a different color than the one chosen by you in the ordering process in case the color is not available.

3.3. The Kleta Bikes and all the objects that we provide to you in relation to the bicycles (for example, keys or lights) will continue to be the property of KLETA MOBILITY, SL, at all times.

3.4. KLETA MOBILITY has the right, prior notice to the user, to inspect the Kleta Bikes at any time, to replace it totally or partially, and to carry out the necessary maintenance and repairs.

4. Rules of use

4.1. Certain rules apply to you in relation to the use of Kleta Bikes, which you must comply with at all times:

The use of the Kleta Bikes will be under your sole responsibility. If you wish to share your Bicycle with another person (for example, your husband, wife or roommate), you must obtain our prior written consent. In this case, please email us at support@ kleta.es.
Before using the bicycle, you are obliged to familiarize yourself with its operation. We will also provide you with a short explanatory session in our shop or through our app to help you familiarize yourself with your bike and its functionalities.
Before each use of the Kleta Bikes, you must check the road safety, the weather conditions, the correct operation and the absence of defects on your Bicycle. To do this, in particular, you must check that all the safety-relevant screws are correctly tightened, that the frame, handlebars and saddle are in good condition, tire pressure, the operation of the lights and the braking system. If there is a defect or breakdown at the beginning of use or a defect occurs while you are using it, you must refrain from continuing to use your Bicycle and you must inform us of the incident so that we can review your Bicycle and repair it as soon as possible.
Kleta Bikes are intended for your personal use only. Consequently, you must not allow third parties to use your Bicycle or sell, lease, sublease, or similar.
Kleta Bikes are a high-quality object. Consequently, you must not damage or destroy the Bicycle or make any modifications, lacquers, paints or other changes of any kind to it.
You must protect your Bicycle effectively against theft in accordance with the provisions of clause 7 of these STC’s.
You are only allowed to use the Kleta Bikes in the generally accepted way, avoiding reckless or unusual riding and only on paved roads and streets.
The User with an e-Kleta must also comply with the following specific rules:
You must remove the battery after each trip, once the journey is over and especially when you intend to park the e-Kleta on the street, in an authorized public place or similar, to prevent theft of it.
Before starting your trip, you must secure the battery in the e-Kleta with your key, to avoid falls or theft, among others, during the journey.
You must use and care for the Bicycle in accordance with our instructions.
You must not use the Bicycle under the influence of drugs, medications, alcohol or any other type of substances.
You must not use the Bicycle for races, off-road, speed tests or to participate in rallies, contests or tests, wherever they are, whether official or not.
You are only allowed to use the bike rack (s) in a proper and responsible manner in accordance with its intended purpose and, in particular, you must not carry any person on them.
You must pay the fines, fees and penalties incurred in connection with the use of the Bicycle. You are and will continue to be the main responsible for any traffic infraction and you consent to us notifying the corresponding organizations of your personal data in order to carry out a transfer of responsibility.
If you detect any anomaly or breakdown, due to mechanical problems of the Bicycle during the Subscription period, you must immediately interrupt its operation and contact KLETA MOBILITY, SL, and at the same time follow the instructions we give you. We will attend to the incident as soon as possible. We will have the option of replacing the bike or repairing the bike.

If you do not comply with any or all of these obligations, you will be responsible and will be obliged to compensate us for all damages and losses arising from your breach.

4.2. When using the Kleta Bikes, you are obliged to always fully comply with all applicable legal provisions, in particular all traffic regulations. In addition, you must always ensure that the Bicycle is not detrimental to road safety, that other road users and pedestrians are not in danger, and that the use of the Kleta Bikes does not interfere with, damage or endanger other vehicles or other rights and assets of third parties.

4.3. You are not allowed to use the Kleta Bikes as an entrepreneur in the exercise of your trade, business or profession (for example, it is prohibited to use the Kleta Bikes for the professional delivery of products or food) without our prior consent. In case of breach of its obligation under this Clause 4.3, KLETA MOBILITY will have the right to claim the corresponding damages, as well as an amount as a penalty. The exact amount of such contractual penalty will be determined by us at our discretion.

5. Subscription fees and payment terms

5.1. In exchange for the use of our Kleta Bikes, you must pay the monthly subscription agreed with us in the Order Process (“Kleta Subscription”). The first month of your subscription begins with the delivery of the Bicycle, either by delivery at the agreed point or collected in our store, and ends 31 days later (“Kleta subscription month”).

The next Kleta Subscription is due on the 30th of the subscription month, that is, the payment is due before the next Kleta Subscription month begins. In this sense, you authorize KLETA MOBILITY, SL to charge the monthly Subscription to your default credit card during the entire Subscription period.

5.2. We reserve the right to adjust the Kleta Subscription during your subscription period with future effect. We will inform you in writing well in advance of any changes to the Kleta Subscription before they come into effect.

5.3. If you present an invalid credit card or there is a refund of the subscription charge, you will be in default in relation to the corresponding payment. In the event of non-payment, you will receive a notification from us to settle said payment within 7 days following the notification date, indicating the amount to be paid will be the sum of the following items: a) the amount of the subscription or subscriptions unpaid; b) Third party expenses we incur in connection with the return (including charges made by our bank or your bank or payment processor or card issuer); c) any administrative fee; and d) all of our reasonable costs, losses and expenses incurred in recovering the amounts mentioned in this paragraph (including, but not limited to,

Notwithstanding our other rights, if you provide an incorrect or unjustified credit, debit or other card, we may terminate any subscription agreement between you and us under these STC’s by providing a written notice of termination of service.

6. Securing Kleta Bikes against loss or theft

6.1. We provide the Bicycle together with one or more locks (eg ring lock, chain lock or other security measures).

6.2. To avoid the loss / theft of the Kleta Bikes or any damage to it, you are obliged to always secure your Bicycle with all the locks that have been provided. The Bicycle must always be secured to a fixed bicycle stand and not to a tree, fence, traffic sign or similar.The way to secure the bike correctly depends on the model and is explained during the onboarding process in our store when picking it up. Finding only the lock in its entirety means that the bicycle was not parked correctly, regardless of the model.

6.3. We will also provide you with a key to use with the locks. You are not allowed to make additional copies of the keys and you are obliged to protect your Bicycle key against loss, theft and unauthorized use at all times, and you are not authorized to give the key to third parties.

6.4. If your key is lost, stolen or damaged, you must notify us immediately and follow our instructions. In these circumstances, we will provide you with a new key and charge a fee of EUR 10 for the new key. At the time of delivery of the new key, you must confirm receipt of it. If you find a key that has been reported to us as lost, you must send it to us immediately by post at your expense or leave it in our store.

6.5. In the event that one of your locks is lost, stolen or damaged, you must inform us immediately. In these circumstances, we will provide you with a new lock and charge a fee of EUR 20 for the new lock.

With the delivery of the new padlock, you must confirm receipt of it.

7. Damage to Kleta Bikes and measures in case of accidents

7.1. You are obliged to inform us of any damage to the Kleta Bikes within 24 hours of the incident. This applies regardless of the extent of the damage and whether or not you caused it.

7.2. If you have caused damage to the Kleta or have breached the rules of use of these STC’s KLETA MOBILITY, SL reserves the right to claim the corresponding compensation for damages.

7.3. In the event of a breakdown of your Bicycle caused by a third party, you are obliged to provide us with the identity and contact details of this third party.

7.4 If the damage has occurred as a result of an accident, you must immediately stop using the Bicycle and take the measures required by law and regulations, regardless of whether the accident is serious or not, and you must also take the following measures:

a) Immediately inform KLETA MOBILITY, SL about the accident situation and follow the instructions given by us.
b) You must cooperate with us, with the police and the insurance company with which our company has a contract for the investigation of the accident and without delay present the necessary documents, to report the accident.

8. Theft and loss of Kleta Bikes

8.1. You are obliged to inform us of the theft / loss of the Bicycle or individual components of the Bicycle (eg chair, wheels, locks) within 24 hours of your knowledge. In the event of theft and loss of your Bicycle, you must surrender or send us all the keys to the Bicycle that we have delivered to you. In addition, you will need to complete a theft report for the police with all the necessary details.

8.2. If the theft or loss of the Kleta occurs having insured it according to the indications of Clause 6.2 and collaborated with us in the theft report for the police, KLETA MOBILITY, SL will charge you a fee of 30 EUR for the incident management. If the theft or loss is of an e-Kleta the rate will vary depending on whether the e-Kleta has been stolen or lost with the battery or not. If it is with the battery, the fee will be 600 EUR (which would imply a breach of Clause 4.1) and without the battery, the fee will be 60 EUR.

If the Bicycle that has been notified to us as lost or stolen is found again, at our discretion and subject to the technical and optical conditions of the corresponding Bicycle, we may refund the amounts in clause 8.2.

8.3. If you do not insure the Bicycle as described in Clause 6.2 and, as a consequence, the Bicycle is seriously damaged, lost or stolen, you will be obliged, in addition to paying the costs indicated in Clause 8.2, to pay us a fee of EUR 250 for such damages. The amount will be 300 EUR for damage to the e-Kleta. In the event of theft and loss of individual components due to your negligence, we will be entitled to charge you the cost corresponding to the replacement of the individual component.

8.4. If you do not comply with your obligations in Clause 8.1, in particular, if:
does not inform us about the theft / loss of the Kleta, or the e-Kleta or
does not give us or send us all the keys of the Bicycle that we have sent and delivered,
We reserve the right to charge you a default fee of EUR 250 for the Kleta and EUR 300 for the e-Kleta.

8.5. If it turns out that you have made false statements to our detriment, we are entitled to charge you a dishonesty fee of up to EUR 250. This sum must be paid in addition to any amount owed under this Clause 8.

9. Period of subscription, termination / resolution and return

9.1. The term of your subscription (“Subscription Period”) is agreed in the Order Process. The Kleta Bikes subscription is for your personal and non-commercial use.

9.2. If we have agreed to a monthly subscription, the Subscription Period is 31 days from the date indicated in the Order Process and is automatically extended from month to month, unless resolved in accordance with these STC’s.

You or we can cancel a monthly subscription at any time for convenience. In no case will you be entitled to refunds or credits in your favor if you return the bicycle or unsubscribe before the end of the Subscription Period.

9.3. If we have agreed to a minimum Subscription, the Subscription Period begins on the date indicated in the Order Process and remains in effect for the minimum term agreed in the Order Process. During the Subscription Period, you can make a change of “owner” whose cost will be 30 EUR for the administrative work. After the minimum subscription period has elapsed, the subscription becomes a monthly subscription specified in Clause 9.2.

9.4. We have the right to cancel your subscription without prior notice in the following cases:
For breach of two monthly payments of the subscription fee of your Bicycle.
For the use of the Bicycle outside the metropolitan area of ​​Barcelona without express written consent on our part.
For breach of the rules of use of Clause 4.
For false statements or repeated use of our products in an inappropriate way.

9.5. Any communication of cancellation must be made in writing, being valid and sufficient the communication by email with acknowledgment of receipt.

9.6. If your subscription has ended, but you change your mind and wish to continue using your Bicycle and reactivate the subscription, you can do so by email free of charge, as long as you have not yet returned the Bicycle. If the bicycle has already been returned, the reactivation of the subscription may incur management costs.

9.7. On the day that the cancellation of the subscription takes effect, you will be obliged to return the Bicycle in the same conditions in which it was delivered and any other object that we have provided (in particular the keys and lock) to our office. If you return the Bicycle before your subscription cancellation is effective, your rights with us end at the time of return. Notwithstanding the foregoing, we reserve the right to charge the subscription fee until the cancellation of your subscription is effective.

9.8. In the event that you do not return the Bicycle on the day the subscription cancellation takes effect, we reserve the right to charge a late delivery fee of 5 EUR for each additional day elapsed, up to a maximum of 35 EUR until the return of the Bicycle is effective, unless you reactivate your subscription or contract a new subscription plan.

9.9. If you do not return the Bicycle to us within 7 days after the effective termination date of your subscription and do not reactivate it in accordance with Clause 9.6, we reserve the right to take legal action. In these circumstances, we reserve the right to charge you a retention fee of 250 EUR.

10. Data protection

We collect and process personal data strictly in accordance with the requirements of the European Data Protection Regulation and to the extent necessary to provide subscription services and carry out and improve our administrative procedures.

You have the right to access, rectify, oppose and delete personal information related to your subscription. These rights can be exercised by sending an email to: support@kleta.es or by post to the following address: Carrer Puigmartì 7, Bajos, 08012 Barcelona.

By accepting these STC’s, you expressly acknowledge having given your explicit and express consent to the privacy policy contained in this section 11.

Please read our Privacy Policy here.

11. Responsibility for content

11.1. KLETA MOBILITY, SL, its services and all the information, materials, products and other services included or made available to you are provided “as is” and “as available”, unless otherwise specified in writing. You expressly agree that use of the Bicycle is at your own risk.

You will not be responsible and consequently you will not be obliged to cover the damages and losses, in the event that the damages and losses caused by KLETA MOBILITY, SL are attributable to us for: (i) acting with gross negligence, (ii) defects that have been fraudulently concealed, and (iii) in the event that we expressly assume a quality guarantee. Any broader liability for us is excluded.

11.2. KLETA MOBILITY, SL does not accept any responsibility for damage to persons or death of any participant, whatever the cause, unless it is the proven negligence of our company, its employees or suppliers. Also, we are not responsible for injury from accidents or death caused by third parties using your Bicycle. Finally, we are not responsible for the death, injury or illness that you have caused during the subscription period to third parties. The company does not accept claims for medical bills or expenses during the medical treatment of its users.

11.3. We will not be liable for defects in the Bicycle that exist at the beginning of the Subscription Period.

12. Final Provisions

12.1. We reserve the right to modify these STC’s at any time for technical, commercial or legal reasons with effect for the future. You can accept such changes or reject them before it takes effect, however, your consent will be considered given if you do not object to the amendment before it takes effect. We will warn you about this in our amendment notice. We reserve the right to cancel your subscription if you object to any changes to these STC’s.

12.2. If any of the clauses of these STC’s were declared, totally or partially null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, the clause subsisting in everything else, having such disposition, or the part thereof that is affected, by not being placed. KLETA MOBILITY, SL undertakes to replace the declared clause, totally or partially null or ineffective, with another that is faithful to the spirit of that declared, totally or partially, null or ineffective.

12.3. Your Subscription and these STC’s, as well as all the rights derived from them or in relation to them, will be subject exclusively to Spanish law, excluding those rules of private international law that give rise to the application of the law of a different country from Spain.

12.4. Unless otherwise indicated, KLETA MOBILITY, SL is the owner of all intellectual and industrial property rights of all materials, content, and trademarks.

13.5. The competent jurisdiction, in the event of a dispute arising from the Subscription and these STC’s, will be that of the Courts and Tribunals of the city of Barcelona.

www.kleta.com

September 2021

Barcelona