KLETA MOBILITY, S.L. (hereinafter, "KLETA") a company registered in Barcelona (Spain), registered in the Commercial Register of Barcelona, volume 47.404, folio 119, sheet B-550.773, under the tax identification number (CIF) B01774082 and with registered office at Carrer de Paraguai, 11 (08020 Barcelona). 

 

The following Terms and Conditions of Kleta Bike Rental (hereinafter "TCA") apply to any subscription made by the beneficiary with Kleta through the landing page of the company for which it works (hereinafter the "Website"), and regulate the use of the Website by you, as "Beneficiary", as well as the processing of the pre-contractual process and the hiring of the bike rental or hire-purchase. We recommend that you read their contents carefully.

 

Your subscription to this Web Site is subject to your acceptance with your signature of these TCA. By hiring the subscription service of a Kleta bicycle and the repair and maintenance service, among others (hereinafter "Kleta Service") through this Website, you acknowledge that you have read, understood and fully accepted, without reservation, our TCA. If there is any section that you do not understand clearly, or if you have any questions about the rental of Kleta or any other product or service, please contact us via email info@kleta.com.

 

 

By contracting KLETA's services through this Website, you will enjoy advantageous conditions as an employee of the Company. 

 

 

 

1. Definitions

 

"Accessory/s": an accessory made available to the Lessee Beneficiary by KLETA under an Accessory Subscription for use by the Lessee Beneficiary in accordance with these TCAs.

 

"Beneficiary": any WEBHELP employee contracting for KLETA's services and who completed the subscription process to be entitled to ride a KLETA bicycle for the duration of the subscription.

 

 

"Bicycle" means the mechanical bicycle, electric bicycle or any other type of micro mobility vehicle made available to the Beneficiary by KLETA by virtue of the contracting of the Service offered by KLETA.

 

"Company" refers to the WEBHELP entity that has entered into a commercial agreement with KLETA whereby the latter offers KLETA's services and products to its employees on advantageous terms for as long as the "Beneficiary" is an employee of the Company.

 

When the employee leaves the company for any reason, either resignation or dismissal, he/she can continue with the Kleta service on his/her own, but with the rates available on the portal www.kleta.com. Once the employment relationship with the company is terminated, Kleta will contact the person to offer the available plans and if he/she does not want to continue with the service, an appointment will be scheduled for its return. 

 

 

"KLETA" is KLETA MOBILITY, S.L., with CIF B01774082, address at Carrer de Paraguai, 11, (08020 Barcelona), and registered in the Mercantile Register of Barcelona, volume 47.404, folio 119, page B-550.773. 

 

"We, us, our": KLETA MOBILITY, S.L., with CIF B01774082, domiciled at Carrer de Paraguai, 11, (08020 Barcelona), and registered in the Commercial Register of Barcelona, volume 47.404, folio 119, page B-550.773.

 

"Punto Kleta": refers to a bicycle workshop that collaborates with KLETA for the delivery and collection of bicycles, as well as for the provision of maintenance and repair services. 

 

"Services" means the bicycle subscription service, and other ancillary services, such as repair and maintenance of the rented bicycle.

 

"Website" means the website enabled by KLETA through which you may subscribe to and manage the services offered by KLETA. 

 

"Subscription" means the Bicycle rental contract between KLETA and the Beneficiary, as well as any other ancillary services.

 

"TCA" means these terms and conditions of the Subscription Agreement.

 

"Residual Value" means the value of the Bicycle after having used it for a specified period of time.

 

 

 

2. General

 

2.1 These TCAs represent the contract concluded between the Beneficiary and KLETA, which apply to any Subscription between the Beneficiary and KLETA.

 

2.2 Agreements between KLETA and the Beneficiary that vary from or are supplementary to these TCAs shall only be valid if they have been explicitly confirmed in writing by e-mail by KLETA.

 

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3. Subscription

 

3.1 Upon completion of the subscription process by the Beneficiary, the Company shall accept or deny the order request. If the Company accepts the application as a confirmation that the applicant is a Webhelp employee, the Beneficiary will receive an email confirming his/her order. If, on the other hand, the Beneficiary is not a Webhelp employee, the Company rejects the request, and will not be able to continue with the subscription process.  The Subscription will come into effect at the moment the Beneficiary takes possession of the KLETA Bike, unless explicitly stated otherwise in the confirmation email or in the Subscription, and in accordance with the provisions of clause 3.7 below. 

 

As a general rule, KLETA, will confirm your reservation using the email address you provided when placing the order. By means of the confirmation, KLETA accepts the Beneficiary's request to formalize a subscription and, therefore, the conclusion of the rental contract.

 

3.2 Once the order has been accepted, KLETA will manage and confirm the details of how the bicycle will be delivered. 

 

3.3 KLETA does not guarantee the availability of the Bicycle in a particular color, equipment or configuration. A bicycle of similar characteristics and performance to the one selected in the order process will be delivered. 

 

 

3.4 The rental of the Bicycle does not in any case imply a transfer of ownership rights. The Bicycle and all Accessories that are provided to the Beneficiary (e.g. keys, locks, battery or charger) remain the property of KLETA or its partner companies. Therefore, in no case the Beneficiary has any right of ownership over them. 

 

3.5 At the time of delivery of the Bicycle, KLETA shall verify the Beneficiary's personal data (by means of a valid official identity document and/or by requesting an electricity bill to verify the Beneficiary's address) and shall proceed to the signature of this contract. The Bicycle will not be delivered until the Beneficiary can provide the relevant identification documents. The Beneficiary shall confirm to KLETA in writing the receipt of the Bicycle and that the personal data provided are correct. 

 

 

During the Subscription Period, the Beneficiary shall notify KLETA of changes to the data provided to KLETA (such as a new telephone number, address or bank account) in good time and without undue delay and, in any event, no later than fourteen (14) calendar days. In this regard the Beneficiary agrees to provide and keep up to date the data related to his account, including a valid email and postal address for KLETA to send him notices related to his Subscription. KLETA may cancel the account or block it in order to protect the Beneficiary, KLETA or our collaborators from identity theft or other fraudulent activities.   

 

3.6 The Beneficiary must be at least 18 years of age and capable of entering into legally binding contracts. 

 

 

3.7 The term of the subscription ("Subscription or Rental Period") shall commence on the day the Bicycle is delivered, which is scheduled with an appointment to pick up the Bicycle at one of KLETA's points of sale, or via a home delivery. KLETA reserves the right to charge a "no-show" delivery fee in the event that the Beneficiary does not cancel his/her scheduled appointment (pick-up or delivery) at least 24 hours in advance. In the event that the Bicycle is not picked up or cannot be delivered during the first seven (7) calendar days from the first scheduled appointment, KLETA reserves the right to initiate the subscription, even if the Bicycle has not yet been delivered to the Beneficiary. 

 

3.8. Changes to the Subscription, both the duration of the contract and the Bicycle, may be requested in writing through different means that the Beneficiary may use such as whatsapp, in-app or via email to info@kleta.com. However, every change with respect to the initial Subscription under the present contract will have to be approved by KLETA. 

 

 

3.7 The term of the subscription ("Subscription or Rental Period") 4. Rental Fees and Terms of Payment

 

 

4. Rental rates and payment terms

 

4.1 For the rental of a Bicycle and, if applicable, its Accessories or additional services, the rental fees are due on the first day of the agreed Contract Period. 

 

4.2 KLETA reserves the right to adjust the rental price during the Subscription Period, with future effect. However, we will inform the Company and the Beneficiary in writing and in good time of any changes to the rental of your Bike, before such changes take effect. The Beneficiary shall have the right to terminate without penalty the Subscription before the modified TCAs take effect. If the Beneficiary continues to use the KLETA Services after the changes have come into effect, the Beneficiary shall be deemed to have accepted them without reservation.

 

4.3 The monthly recurring payment of the Subscription shall be made by the Company. The Company shall deduct the amount thereof from the Employee's paycheck, provided that the Company has the Beneficiary's authorization as per section 4.4 below.

 

Except for the monthly recurring subscription payment, any other costs incurred by the Beneficiary as indicated in the TACs shall be paid directly to KLETA by the Beneficiary.    

 

4.4 The Beneficiary, by signing this contract, authorizes the Company to deduct the amount of the monthly subscription from his/her salary, paying this amount to KLETA on his/her own account. This authorization shall be valid for the duration of the subscription and as long as the employee does not cancel or terminate his/her employment relationship with the Company. Authorization that the Beneficiary will have to sign whenever there is a variation in the amount of the monthly subscription. It is understood that the Company will not make any payment on account (payroll deduction) of the Beneficiary if it does not previously have the signed authorization of the user. 

 

4.5 KLETA is entitled to unilaterally modify the terms and conditions of the Subscription (which includes these TCAs) due to changes in KLETA's product and/or service portfolio, technical, commercial or legal changes or changing market circumstances. Changes to these TCAs will be communicated in due time to the Beneficiary, at least fourteen (14) days prior to the effective date of the new conditions, by email to the Beneficiary. The Beneficiary shall have the right to terminate without penalty the Subscription before the modified TCAs come into force. If the Beneficiary continues to use the KLETA Services after the changes have come into force, the Beneficiary shall be deemed to have accepted them without reservation.

 

4.6 The Company shall deduct the subscription payment from the payroll on a monthly basis in arrears. The cost accrued during the month shall be deducted from the payroll payable at the end of the same month, except at the beginning of the subscription in which the amount to be deducted from the payroll of the same month shall be proportional to the remaining accrued days of the month; in the following months, the cost of the subscription to be paid by the Beneficiary and deducted from the payroll is for full months regardless of the day on which the subscription period may end. 

 

In the event of termination of the employment relationship with the Company by the Beneficiary, the latter authorizes the Company to deduct the full month's subscription amount from the termination payment. In the event of voluntary termination by the Beneficiary, KLETA shall invoice the Beneficiary directly for the remaining two months until the three months of the initial subscription period have been completed. 

 

5. Option to purchase

 

The Beneficiary of a Subscription shall have an option to purchase the Bicycle. This option may be exercised at any time during the term of the Subscription as well as at the end of the Subscription Period. This option entitles the Beneficiary to purchase the leased Bicycle.

 

The purchase price shall be the residual book value, or the market value at the time of exercise of the option, whichever is lower. In any case, it will be KLETA who will set the purchase price taking into account the above parameters and will also be responsible for communicating it to the Beneficiary interested in exercising the option. The Beneficiary must pay the full purchase price of the Bicycle in order to become the owner of the Bicycle.

 

In the event of exercising the purchase option, the Beneficiary will sign a purchase contract with KLETA, being obliged at that moment to comply with the conditions set forth in said contract.

 

 

 

6. Rules of use

 

6.1 It shall be the Beneficiary's obligation to use the Bicycle with due diligence, in accordance with the characteristics of the same, respecting the traffic regulations and avoiding, in any case, any situation that could cause damage to the Bicycle and to third parties.

 

6.2 The use of the Bicycle shall be under the sole responsibility of the Beneficiary and for personal use. It is the Beneficiary's obligation not to allow the riding of the Bicycle to any person other than those authorized in accordance with this contract, and the Beneficiary shall be directly liable for any damage or harm caused to the Bicycle or to third parties in such a case. Failure to comply with this clause shall be understood as unauthorized use.

 

 

6.3 The following are considered unauthorized uses of the Bicycle:

 

a) Pushing or towing any other vehicle.

b) Riding in places that are not suitable for its circulation, such as beaches, automobile circuits, forest tracks.

c) Circulation on unpaved or paved roads, but with serious deficiencies, which could lead to damage to the wheels or underbody of the Bicycle.

d) Circulating the vehicle in restricted or prohibited areas.

e) Transporting goods and especially dangerous, flammable and/or harmful substances for the Bicycle.

f) The use of the Bicycle in any activity contrary to the Law.

g) The transport of a number of persons or amount of luggage exceeding the authorized number of persons or amount of luggage for the Bicycle. Exception is the transport of children in approved child seats, always respecting the maximum weight allowed. 

h) Any type of manipulation or intervention on the Bicycle or Accessories, having to communicate immediately to KLETA the malfunction of the same.

i) Soiling the Vehicle beyond what a reasonable and careful use implies.

j) Driving the Vehicle in a state of fatigue, illness or under the influence of alcohol, medication or drugs.

k) Driving contrary to traffic regulations.

l) Driving the Bicycle by a person not authorized in the contract.

m) Riding the Bicycle outside the country of Subscription or geographic area, unless there is express and signed authorization from KLETA and the corresponding extraordinary additional coverage is contracted or paid for.  

 

6.4 The Beneficiary may not use the Bicycle as an employer in the exercise of his trade, business or profession (e.g. it is prohibited to use the Bicycle for the professional delivery of goods or food) without prior consent from KLETA. In the event of non-compliance KLETA shall be entitled to terminate the contract immediately and to claim for damages.

 

6.5 Fines, penalties, fees, surcharges and administrative costs due to traffic violations or violations of laws, regulations or ordinances, incurred by the Beneficiary during the duration of the Subscription period, shall be paid by the Beneficiary, who shall indemnify KLETA in all respects. If due to the Beneficiary's misuse, the Bicycle has been withdrawn by the authorities and KLETA has to recover it at the depot, we are entitled to charge the Beneficiary the payment of the fine, the cost of withdrawal from the depot and an administrative fee for the recovery of the Bicycle, according to the list of fees published on the WEB site.  

 

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6.6 You must effectively protect the Bicycle against theft, using the locks provided by KLETA and/or with the digital solutions provided on certain models of our bicycles. In order to prevent the theft of the Bicycle and its Accessories and/or any damage to the same, the Beneficiary is obliged to always secure it by fixing the Bicycle correctly with the locks provided through the frame and attaching it to a bike rack or a fixed ground support suitable or intended for bicycles, according to local regulations. If the Bicycle and/or battery are not locked or secured and an incident occurs (including vandalism, loss or theft), the Beneficiary shall owe KLETA the fee indicated in the list of fees published on the Website.

 

6.7 In the event that the Beneficiary is unable to open or close the locks of the Bike, or the Bike does not work with the digital solution due to a technical malfunction, the Beneficiary shall be obliged to use an alternative locking method, provided that this method is available. Should it not be possible to properly lock the Bicycle due to a technical malfunction, the Bicycle must not be left unattended under any circumstances and the Beneficiary shall be obliged to immediately inform KLETA about the malfunction, using all available means of communication (phone, email, app, etc.).

 

 

6.8 Before each use of the Bicycle, the Beneficiary must check the condition of the Bicycle and its Accessories for safe riding, the proper functioning of the Bicycle and check that there are no defects of any kind. For this purpose, in particular, the Beneficiary must check that all safety-relevant screws are tightened properly, the condition of the frame, handlebars and saddle, the tire pressure, the functioning of the lights and the braking system. If there is a defect at the start of use or if a defect is noticed while using the Bicycle, the Beneficiary shall refrain or stop using the Bicycle, and contact KLETA using the available means of communication.  

 

6.9 The Beneficiary may not destroy the Bicycle, make changes to the Bicycle or tamper in any way with the electronics, battery, computer and/or software of the Bicycle.

 

 

6.10 The installation of accessories not included in the delivery and not covered by the Subscription ("Additional Accessories") is permitted provided that they can be removed without leaving residue or damaging the Bike and/or KLETA accessories. In the case of maintenance or repair, the Additional Accessories must be removed first. The installation and removal of the Additional Accessories shall be at the risk and expense of the Beneficiary. The Beneficiary is liable for any damage resulting from the installation and/or removal of Additional Accessories on the Vehicle. KLETA shall not assume responsibility for the Additional Accessories incorporated by the Beneficiary nor for their functionality, or for any damage resulting from the use of the Additional Accessories. At no time may they be promotional or advertising accessories without prior authorization from KLETA.

 

6.11 The Beneficiary has the right to obtain information about the existing maximum weights that can be transported on the different models of bicycles offered by KLETA. It is forbidden to transport more weight than the limit provided by KLETA's standards described on the WEB site. Any Bicycle damaged due to non-compliance with this clause shall be fully borne by the Beneficiary. KLETA will not assume any responsibility. 

 

 

6.12 The Beneficiary is obliged to verify the functionality of the mobile support before using it. KLETA assumes no liability for any damage caused to the electronic device by the use of the mobile holder.

 

6.13 If a child seat is included as an Accessory in the Subscription, the Beneficiary shall be obliged to verify its correct installation, functionality and road safety before each use. During use, the Beneficiary shall be obliged to correctly buckle the child by using the belt system provided and ensure that the child wears a bicycle helmet. KLETA is not liable to the extent that damages are based on a breach of duty by the Beneficiary or are caused by or attributable to the improper use of the child seat by the Beneficiary.

 

The Beneficiary has the obligation and the duty to inform himself/herself of the existing age limits, as well as the limits of each weight, in order to know at all times which type of seat should be used for each child and to be able to respect these limits, which are available on the WEB site. 

 

6.14 The Beneficiary has the option to add a luggage rack and/or basket to his Subscription. He/she is only permitted to use the luggage rack and/or the bicycle basket in a proper and responsible manner in relation to the intended purpose. Under no circumstances should people be transported in them and they may damage or break it. 

 

6.15 In the event that the Beneficiary chooses an electric bicycle, KLETA shall automatically deliver a charger and a removable battery to the Beneficiary at the time of delivery of the Bicycle. The use of the charger is only permitted for the exclusive use of the battery of the electric bicycle. The Beneficiary is obliged to return the charger in good and working order if he/she cancels his/her Subscription. The Beneficiary is obliged to inform KLETA of any technical malfunctions immediately and in any case shall refrain from or cease using the Bike, unless expressly authorized in writing by KLETA. In case of defects or problems with the battery, i.e., for example, if the battery is immersed in water, the battery casing is defective (swollen) or liquid leaks out, the Beneficiary shall be obliged to immediately isolate the battery and inform KLETA of the occurrence. In case of loss or theft of the battery charger or the battery itself, KLETA may charge a fee according to the list of fees available on the WEB site.

 

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The Beneficiary is responsible for recharging the battery and is fully responsible for the costs arising from the electricity consumed. Recharging can only be carried out with the appropriate charger supplied.

 

6.16 KLETA shall provide the Beneficiary with a set of keys for proper use with the locks. You are not allowed to make copies of the keys or order them from third parties. Duplicate keys may be made available by our company. Notwithstanding the foregoing, the Beneficiary shall, at all times, protect the key to the Bicycle against loss, theft and unauthorized use. Under no circumstances is the Beneficiary authorized to transfer the key to third parties. 

 

If the key is lost, stolen or damaged, the Beneficiary must immediately notify KLETA, follow our instructions and report the theft to the nearest police. In these circumstances, we will issue a new key and charge a fee per key according to the list of fees* available on the WEB site. Upon delivery of the new key, you must confirm receipt of the new key. If you find a key that has been notified to us as lost, you must immediately send it to us by post at your expense or leave it at our store or Kleta Point.

 

 

6.17 KLETA is entitled to prevent the use of the Bicycle by the Beneficiary (e.g. by removing digital access to the bicycle lock), if there is a suspicion of misuse (e.g. for commercial purposes), if the bicycle has a critical security defect or if the Beneficiary violates the provisions of these TCAs. In such a case, KLETA is also entitled to locate the bicycle via technologies such as GPS and collect the bicycle.

 

6.18 KLETA has the right to inspect the rented Bicycle at any time, upon prior notice, to replace it in whole or in part, and to carry out maintenance, service and repair work on the Bicycle and the Beneficiary shall cooperate with KLETA, allowing safety inspections or checks to be carried out as appropriate and in accordance with the specifications for use of the product type. 

 

 

6.19 The breach of any or all of these obligations will be considered a serious breach of contract, and KLETA will have the right to unilaterally terminate the contract and claim directly from the Beneficiary the damages arising therefrom. In no case the Company assumes any responsibility and/or liability to KLETA for any breach of the contractual obligations and/or responsibilities between the Beneficiary and Kleta under this contract. Kleta will communicate to the Company such circumstances, and the Company will proceed to cancel the payroll discounts to the Beneficiary.   

 

7. Service Plans and Service Coverage Areas 

 

7.1 KLETA may offer different service plans during the Subscription process. The content of the service plans may vary depending on the city in which the Beneficiary is located and wants to start his subscription and/or depending on the Bicycle he chooses. KLETA will display this information in a manner accessible to the Beneficiary on the Website. 

 

7.2 Certain services, such as for example the anti-theft warranty or bicycle repair, may be performed directly by KLETA or by external companies, always indicating in advance where such service will be performed.

 

7.3 The home maintenance service consists of the provision of repair and maintenance services at the Beneficiary's home ("Home Maintenance"). The Home Maintenance is not exclusively at the Customer's home but also includes the repair of the Bicycle at another point as long as it is in the coverage area. Kleta.com informs about the coverage areas ("Coverage Area") of the Home Maintenance. In no case, the Beneficiary may demand the Home Maintenance outside the Coverage Zone. The Beneficiary who is not in a Coverage Area must go to one of the points authorized by KLETA for the maintenance and revision of the Vehicle.

 

 

Currently, the Coverage Zones are:

• Barcelona: see map

• Valencia: see map

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8. Damage, accidents and breakdowns

 

8.1 The Beneficiary shall report damage to the Bicycle, Accessories and/or the battery and charger to KLETA within 24 hours of the accident or of becoming aware of the damage, unless the Beneficiary is prevented from meeting this deadline due to exceptional circumstances as a result of which the Beneficiary could not reasonably report such damage, e.g. in the event of a hospital stay following an accident. This applies regardless of the extent of the damage or accident and regardless of whether or not the Beneficiary has caused the damage or accident. 

 

Consequently, in case of an accident, the Beneficiary undertakes to follow the following procedure:

 

 

a) Immediately report, within 24 hours, the full details of the opposing party and any witnesses, the license plate number, the name and address of the opposing party, the circumstances of the collision, a sketch of the accident and the name of the insurer.

b) Notify, if necessary, immediately to the authorities (police or civil guard) if there are injured persons and the circumstances of the collision.

c) Not to abandon the Bicycle without taking adequate measures to protect it.

d) Send to KLETA a copy of the official accident report and any other document of the accident, as well as photographs by e-mail to support@kleta.com.

e) To cooperate with KLETA and the insurance company with which our company has a contract for the investigation of the accident and to submit the necessary documents without delay. 

 

 

The main idea is to help the Beneficiary at all times, that is why we ask for the maximum collaboration in this procedure that can sometimes be so unpleasant. 

 

8.2 In case of damage, total or partial, to the Bike, Accessories and/or battery for causes attributable to the Beneficiary, and in particular for not respecting the Rules of Use of these TCAs, the Beneficiary shall pay KLETA a fee for such damage as agreed in the list of fees on the WEB site.

 

8.3 KLETA reserves the right to claim compensation directly from the Beneficiary for any loss for total or defective failure to comply with the duty to report in clause 8.1 above. This includes all additional expenses incurred by KLETA in order to repair the damage, as well as claims for compensation from third parties that would have been avoided if notice of the accident or damage had been given within the aforementioned time limit. In no event shall the Company assume any liability and/or obligation whatsoever towards KLETA and/or third parties that may arise from the Beneficiary's failure to comply with its obligations and/or responsibilities under this contract. 

 

8.4 In the event of damage and wear and tear to the Bicycle other than those foreseen by normal use, or if the Hirer Client has caused the accident, KLETA reserves the right exceptionally to claim damages directly from the Beneficiary up to the amount of the actual damages suffered by KLETA. In no event shall the Company assume any liability and/or obligation whatsoever towards KLETA and/or third parties that may arise from the Beneficiary's failure to comply with his obligations and/or responsibilities under this contract. 

 

8.5 If the Beneficiary detects any anomaly or breakdown, due to mechanical problems with the Bicycle during the Subscription Period, the Beneficiary must immediately interrupt its use, contact KLETA and at the same time, follow the instructions provided by KLETA. We will attend to the incident as soon as possible, and KLETA reserves the option to replace the Bicycle or carry out the relevant repairs. 

 

In the event of a breakdown of the Bicycle due to the fault of a third party, you are obliged to inform us within 24 hours and to provide us with the identity and contact details of this third party so that we can take the necessary measures. 

 

 

8.6 In the event of vandalism, fire, theft, robbery, theft or disappearance of the Bicycle, the Beneficiary undertakes to immediately inform KLETA of the event and to file a report with the relevant authorities, a copy of which must be sent to KLETA as soon as possible. The procedure described in clause 8.1 above shall apply.

 

8.7 In the event of an accident with a Third Party Vehicle, the Beneficiary must not accept any liability to a third party (e.g. by acknowledgement of liability or by a comparable and/or amicable declaration of damage) without the prior consent of KLETA. Otherwise, the Beneficiary alone shall bear the consequences of such (accepted) liability and indemnify KLETA against any third party claims in connection with such acceptance of liability, not authorized by KLETA. The Beneficiary is not authorized to accept any liability on behalf of KLETA or on behalf of KLETA's insurer. 

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8.8. In case of accidents while using the bicycle, KLETA's subscription does not cover any accident and/or personal injury insurance for the user and/or the persons he/she may be transporting. In the event that the user wishes to take out such insurance, it must be taken out directly by the Beneficiary at his/her own expense.  KLETA, if requested by the Beneficiary, may arrange for the contracting of this type of complementary insurance at the Beneficiary's expense.

 

 

9. Theft and/or loss of the Bicycle or parts of the Bicycle or Accessories.  

 

9.1 In the event of theft and/or loss of its Bicycle, parts of the Bicycle or Accessories, the Beneficiary is obliged to:

 

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1. Report the loss or theft to KLETA within 24 hours from the moment the Beneficiary becomes aware of it and provide any relevant information about the loss or theft;

2.  Make a report to the police and provide a copy to Kleta.

3. Return the key(s) of the Bicycle to KLETA without undue delay (and at the latest within 5 days from the occurrence; and 3.

4. Cooperate with KLETA in reporting the loss or theft to the police and insurance company. 

 

 

9.2 If the theft of the Bicycle occurs after the Beneficiary has insured it according to the indications of these TCA and fulfilled all the requirements regulated in this clause, Kleta will communicate the claim to the insurance company for its processing.  In this case, the Beneficiary will owe KLETA the deductible established in the list of rates published on the WEB site. 

 

Only if all requirements stated in these TCAs have been met, the Beneficiary will receive a replacement KLETA bicycle of similar characteristics, including the accessories contracted by the Beneficiary in the Subscription process, in case the anti-theft insurance applies. 

 

9.3 If the Bike and/or battery is not secured or locked as described in these TCA, and an incident occurs (including vandalism, loss or theft), the anti-theft insurance does not apply and the Beneficiary shall be obliged to pay the costs indicated in the list of fees published on the WEB site.

 

The risks excluded from the anti-theft insurance are:

 

1. 1. Theft

2. 2. Spoliation.

3. 3. Losses caused by bad faith or gross negligence on the part of the insured party, the policyholder, family members or persons who depend on them or live with them, or when these same persons have committed the acts as perpetrators, accomplices or accessories.

4. 4. Thefts occurring in cases and under conditions not expressly provided for in the coverage.

5. 5. Partial theft of the bicycle or of its component parts, as well as of all those elements of improvement, accessories and ornamentation of the same.

6. 6. The abandonment, unjustified loss or disappearance of the bicycle.

7. 7. Any theft in which the insured party is unable to provide proof of ownership of the approved lock or security lock of the bicycle. 

 

9.4 Failure to comply with the provisions of this clause 9.1 may be deemed, for all purposes, that the bicycle has been stolen without being properly insured. 

 

9.5 Any false statement of fact or incorrect information, duly proven, the Beneficiary shall be fully liable for it. In this case, KLETA shall be entitled to claim any damages from the Beneficiary resulting therefrom and to charge an additional fee for dishonesty, as set out in the list of fees on the WEB site, in addition to any other concept for negligence.

 

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10. Liability Insurance

 

10.1 The Beneficiary subscribed to Kleta, has a liability insurance that comes into force upon receipt of the bicycle by the beneficiary and with coverage until the return of the bicycle to Kleta by termination of the subscription. 

 

10.2 The insurer will indemnify at actual value under the first risk modality the liabilities attributable to the insured that, according to articles 1902 to 1910 of the Civil Code, the insured is obliged to satisfy in his condition of private person during the use of the bicycle, as civilly liable for bodily injury or property damage caused involuntarily to third parties in persons, animals or things, up to the limit set in the particular conditions.

 

10.3 Riesgos excluídos:  

 

10.3 Excluded Risks:  

 

1. any type of liability corresponding to the beneficiary for the driving of motor vehicles, aircraft and vessels, as well as the use of firearms.

2. Liability arising from any professional, trade union, political or associative activity.

3. Damage caused to things belonging to third parties which for any reason are in the possession of the insured party or of persons for whom he is liable.

4. Damage deriving from liabilities that must be covered by compulsory insurance.

5. The payment of fines or penalties imposed by the courts or competent authorities and the consequences of non-payment thereof.

6. Civil liability deriving directly or indirectly from the use of the bicycle in any competition involving a group or collective outing or a triathlon or duathlon.

7. Deriving directly or indirectly from the use of the bicycle in any acrobatic exercise or using equipment specially designed to carry out such exercises.

8. Deriving directly or indirectly from the use of the bicycle for commercial or business purposes, including rental or hire, courier services, or the transportation of passengers for hire or reward.

9. Bodily injury to any of the employees or any member of the beneficiary's family.

 

10. The civil liability of the insured in those cases in which he/she is entitled to receive indemnity under any other specific insurance policy.

11. Claims that are a direct consequence of the lack of maintenance of the bicycle.

12. The practice of high-risk sports.

13. Claims where there is malice or bad faith.

14. Damage caused by the bicycle as a consequence of a defect that is reliably proven to have its origin in the defective manufacture or repair.

15. Damage due to non-compliance with the instructions prescribed by the manufacturer with respect to the assembly or use of intermediate components.

16. Manipulation by the user of the mechanism or structure of the bicycle.

17. Damages or claims under the effects of the consumption of narcotics of any kind, drugs, alcoholic beverages, etc.

18. Damage caused while the bicycle is stolen, stolen or missing.

19. Personal and material damage to the user of the bicycle, as well as his belongings and/or persons that he may be transporting.

20. Damages arising from voluntary non-compliance with the rules and regulations, as well as abnormal, improper or fraudulent use of the bicycle or outside the areas designated for the circulation of bicycles as established by Law or Municipal Ordinances.

21. Punitive and exemplary damages, and any other fine, penalty, etc.

22. Claims for moral damages that do not transcend to the economic sphere of the injured party. 23. Liability derived from the commission of fraudulent crimes against persons and property.

24. Contractual civil liability.

25. Indirect and/or consequential damages.

 

 

11. Exchanges, Cancellation, Termination and Refunds

 

11.1 If the Bike is stolen and/or lost, the Beneficiary is only entitled to an exchange if the Beneficiary is not responsible for the theft or loss and has paid the deductible set out in the list of rates published on the WEB site. Likewise, in the event of termination of the Subscription Period, the Beneficiary may, at the time of taking out a new subscription, request an exchange of the Bicycle. 

 

 

11.2 Upon termination of the Subscription, the Beneficiary may:

 

1. 1. Exercise the option to purchase the Bicycle in accordance with the provisions of clause 5 above.

2. 2. Take out a new Subscription.

 

11.3 The Company will communicate to KLETA the early cancellation of the Beneficiary's Subscription, in case of dismissal of the Beneficiary as an employee of the Company or termination of the employment relationship due to expiration and/or voluntary termination. Other than the above cases, the Beneficiary must communicate to Kleta 3 months in advance his desire to cancel the subscription or pay KLETA a penalty for early cancellation, equivalent to three (3) monthly rent payments.

 

In any case, the beneficiary will not be entitled to refunds or credits in case the Bicycle is returned before the end of the Subscription Period. 

 

11.4 Upon termination of the Subscription, the Beneficiary shall (at its own cost and risk) return the Bicycle and any Accessories that were provided with the Bicycle at the time, no later than the last day of the Subscription Term. The return of the Bicycle and Accessories must be made to a KLETA store or point. In the event that the Accessories have not been returned by the Beneficiary, KLETA reserves the right to charge a fee for loss of these Accessories according to the fee schedule. In the event that KLETA must pick up the Bicycle at a location requested by the Beneficiary, KLETA shall be entitled to charge a fee according to the fee schedule published on the WEB site. 

 

 

The Beneficiary is obliged to return the battery, charger, cell phone holder and any other accessories in good condition and working order, and to inform KLETA of any technical malfunction. In case of return of the accessories in bad condition, due to improper or negligent use of the same, KLETA shall be entitled to charge the cost of the same to the Beneficiary according to the list of rates published on the WEB site. 

 

In the event that the Beneficiary does not return the Bicycle within the deadline, and a new monthly payment is initiated, the Beneficiary shall be obliged to continue paying the full rental until the date of return and/or effective delivery of the Bicycle and Accessories.

 

11.5 KLETA shall be entitled to unilaterally terminate the Beneficiary's Subscription in the following cases:

 

1. For failure of the Beneficiary to pay fines, penalties, fees and surcharges from the administration for violation of traffic regulations or any other applicable regulation;

2. For failure of the Beneficiary to comply with the Rules of Use of the 3. Bicycle defined in clause 6;

3. For failure of the Beneficiary to comply with the procedure to be followed in case of theft, loss and damage to the Bicycle and Accessories; and 4.

4. For false statements or incorrect information in case of theft, loss and damage to the Bicycle and Accessories.

 

12. Data Protection

 

The Beneficiary's personal data are necessary to provide the Beneficiary with the contracted services and may be processed by KLETA, who acts as Data Controller, for the following purposes:

 

 

1. Manage the contractual relationship. 

2. Respond to requests for information related to KLETA's services;

3. Inform about related services and/or plan improvements;

4. Manage exchanges, as well as deliveries and returns of bicycles; 5;

5. Provide maintenance and repair services;

6. Efficiently maintain the relationship between us.

 

 

The legal basis for the processing of your data is the execution of the agreement for the provision of rental services rendered by KLETA to the beneficiary under this contract. .

 

The Beneficiary's personal data will not be processed for direct sales purposes, unless he/she has previously consented to it. Your data will not be disclosed to third parties, unless legally required and unless it is necessary for our authorized personnel, for service providers acting as data processors and insurance companies.

 

Your data will be kept for as long as you maintain the relationship with us and, in any case, until the expiry of the period for claiming liabilities or filing claims linked to the pre-existing contractual relationship. In all other cases, your personal data provided will be kept for as long as the beneficiary does not request its deletion.

 

In accordance with the applicable legislation, the Beneficiary has the right to access, rectify, delete, and oppose the processing of the data, as well as to revoke his or her consent, when the legal basis for the processing is based on consent.

 

In certain circumstances, in accordance with the provisions of the applicable legislation, the Beneficiary may exercise his or her rights of limitation of processing and portability, in which case we will only keep them for the exercise or defense of claims.

 

You can exercise your rights by sending an email to info@kleta.com or by writing to the following address: Carrer Paraguai 11, 08020 Barcelona, providing proof of identity. Finally, in accordance with the applicable legislation, we inform you that you have the right to go to the Spanish Data Protection Agency to file a complaint regarding the processing of your data. 

 

By signing these TCAs, the Beneficiary expressly acknowledges that he/she has given his/her explicit consent to the privacy policy contained in this Clause 12.

 

 

 

13. Disclaimer of Liability

 

13.1 KLETA and the Beneficiary's Company shall not be liable for any damage or injury (including fines or other monetary penalties imposed) suffered by the Beneficiary as a result of incorrect, faulty, reckless or negligent use of the Bicycle.  

 

13.2 The Company shall only manage recurring monthly subscription payments by means of monthly payroll deduction or severance pay deduction from the month's subscription payment in the event of termination.  Payments to KLETA to be made by the Company on behalf of the beneficiary with the latter's authorization when signing the TAC.  

 

Except for the indicated management that may be carried out by the Company. This Rental contract is binding only on KLETA and the beneficiary, and the Company assumes no other responsibility for the management of the service. Therefore, the beneficiary exempts the Company from any liability for damages and/or compensation of any kind that may be claimed by the beneficiary and/or third parties that may be harmed in relation to the execution of this contract.    

 

13.3 All services and products made available to you are provided on an "as is" and "as available" basis, unless otherwise specified in writing. The Beneficiary expressly agrees that the use of the Bicycle is at the Beneficiary's own risk and responsibility. 

 

 

13.4 KLETA accepts no liability for injury to persons or death of any user of its vehicles, howsoever caused, unless due to negligence attributable to KLETA, its employees or its suppliers. Neither is it liable for death, injury or illness suffered by the Beneficiary or caused to third parties during the Subscription Period. Consequently, KLETA shall not be liable for medical expenses of its users. 

 

13.5 The Beneficiary shall be personally liable for compliance with these TCAs.

 

13.6 The Beneficiary shall indemnify KLETA upon the first written demand for any fines or other monetary penalties imposed on KLETA as a result of the Beneficiary's use of the Bike. 

 

 

13.7 The Beneficiary indemnifies KLETA and holds KLETA harmless upon the first written demand for any and all fees, fines, penalties or other monetary sanctions imposed on KLETA by third parties, including traffic authorities, or losses incurred by KLETA or awarded against KLETA as a result of the Beneficiary's breach of its obligations under the Subscription or these TCAs. In this context, KLETA may cooperate with and provide the requested information to any authorized administrative or judicial authority or, more generally, to any authorized third party in accordance with applicable laws. For the sake of convenience, KLETA may pay the amounts due by the Beneficiary on behalf of the Beneficiary and the Beneficiary shall reimburse KLETA for such amounts. Without prejudice to compensation for any additional damages, for the administrative handling of such incidents, KLETA reserves the right to charge the Beneficiary an incident fee in the amount set out in the schedule of fees. 

 

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14. Final Provisions

 

14.1 KLETA reserves the right to make reasonable changes to the Rental in the event that KLETA's costs change as a result of changes in applicable laws and regulations, or for annual price indexations based on the Consumer Price Index. Such changes shall be communicated to the Beneficiary and the Company for their knowledge by email at least fourteen (14) days prior to the effective date. 

 

14.2 KLETA is entitled to unilaterally modify the Subscription due to changes in KLETA's product and/or service portfolio, technical, commercial or legal changes or changing market circumstances. Changes to these TCAs shall be communicated at least fourteen (14) days prior to the effective date by email to the Beneficiary and the Company for their knowledge. 

 

14.3 If any of the clauses of these TCAs is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the clause shall remain in force in all other respects, and such provision or the part thereof that is affected shall be deemed not to have been included. KLETA undertakes to replace the clause declared wholly or partially null and void or ineffective with another that is faithful to the spirit of the clause declared wholly or partially null and void or ineffective.

 

14.4 KLETA and the Beneficiary hereunder consent to the use of electronic signatures by fax or electronic communication by means of an attachment (.pdf) or by conformity by e-mail, or by electronic signature on the WEB Site in connection with the execution of this Agreement, and further agree that electronic signatures and/or signatures made through the means indicated shall be legally binding with the same validity and effect as handwritten signatures. 

 

14.5 The Beneficiary's Subscription through the signature of these TCAs, as well as all rights arising therefrom or in connection therewith, shall be subject exclusively to Spanish law, excluding those rules of private international law that give rise to the application of the law of a country other than Spain.

 

 

14.6 Spanish law applies exclusively to the Subscription and these TCAs. All disputes arising out of or relating to the Subscription and the TCAs shall be submitted to the competent court in Barcelona, except to the extent that another court has jurisdiction pursuant to any mandatory provision.