Kleta Rental Terms and Conditions
Terms and Conditions of KLETA Rental
The following Terms and Conditions of Rental apply to any subscription you make with us or through this website, so we recommend that you carefully read its contents.
Your subscription on this website is subject to your acceptance of our terms. By confirming that you want to subscribe to a Kleta bicycle and Kleta Service through this website, you express that you have read, understood, and accepted our terms and conditions. If there is any section that you do not understand clearly, or if you have any questions about renting from Kleta or any other product, please contact us via email at email@example.com.
We are KLETA MOBILITY, S.L. (hereinafter "KLETA"), a company registered in Barcelona (Spain), listed in the Commercial Register of Barcelona, Volume 47,404, Folio 119, Sheet B-550,773, with Tax Identification Number (CIF) B01774082, and registered office at Carrer de Paraguai, 11, (08020 Barcelona).
"Accessory/ies" refers to an accessory provided to the lessee Customer by KLETA MOBILITY, S.L. under an Accessory Subscription for use by the lessee Customer in accordance with these Terms and Conditions.
"Lessee Customer" refers to any individual or legal entity that completed the subscription process and has the right to ride a Vehicle leased to them by KLETA MOBILITY, S.L. during their subscription, including all parts and accessories installed at the beginning of the rental.
"Vehicle" refers to a mechanical bicycle, electric bicycle, or any other type of micromobility vehicle provided to the Lessee Customer by KLETA MOBILITY, S.L. under a Subscription for use by the Lessee Customer in accordance with these Terms and Conditions.
"KLETA MOBILITY, S.L." is the Company, provider, and owner of the bicycles, holder of intellectual property rights over images, texts, designs, animations, or any other content or elements on this website, or has the necessary permissions for their use. Therefore, reproduction, distribution, public communication, and transformation are prohibited.
"Services" refers to the bicycle subscription service and other ancillary services, such as the repair and maintenance of the rented vehicle.
"Website" is https://www.kleta.com/.
"Subscription" is the vehicle rental agreement between KLETA and the Lessee Customer, as well as any other ancillary service.
"TCA" refers to the terms and conditions of rental.
2.1 These TCA represent the contract entered into between us, the Company providing and owning the Vehicle, and You, the Lessee Customer. They apply to any Subscription between KLETA and the Lessee Customer.
2.2 Agreements between KLETA and the Lessee Customer that modify or supplement these TCA are valid only if explicitly confirmed in writing by email by KLETA.
3.1 The Lessee Customer will receive the order confirmation after completing the ordering process. The Subscription will take effect when the Lessee Customer takes possession of KLETA's micromobility Vehicle, unless explicitly stated otherwise in the confirmation or the Subscription, and in accordance with the provisions of clause 3.7 below.
Generally, we will confirm your reservation using the email address you provided when placing the order. Through confirmation, KLETA accepts the Customer's offer to formalize a subscription and, therefore, the conclusion of a rental agreement.
3.2 During your Subscription period, we will make the selected Product available to you in the ordering process. Details of how to make the Vehicle available to you are agreed upon in the Ordering Process.
3.3 We do not guarantee the availability of the Vehicle in a particular color, equipment, or configuration. A vehicle with similar characteristics and features to the one selected in the Subscription process will be provided.
3.4 The rental of the Vehicle does not, in any case, imply a transfer of ownership rights. The Vehicle and all accessories provided in connection with it (such as keys, locks, battery, or charger) are our property or the property of associated companies.
3.5 At the time of Product delivery, KLETA will verify the Lessee Customer's personal data (using an official identification document and/or requesting an electricity bill to verify their address). The Vehicle will not be delivered until the Lessee Customer can provide the relevant identification documents. The Lessee Customer will confirm to KLETA in writing the receipt of the Vehicle and that the provided personal data is correct.
During the Subscription Period, the Lessee Customer will notify KLETA of any changes to the information known to KLETA (such as a new phone number, address, or bank account) in a timely manner and without undue delay, and in any case, within a maximum period of fourteen (14) calendar days. In this regard, the Lessee Customer agrees to provide and keep up-to-date the data related to their account, including a valid email and postal address for us to send notices related to their Subscription. We may cancel or block your account to protect you, KLETA, or our partners from identity theft or other fraudulent activities. In case of non-payment of the rent, KLETA will take into account the email and postal address indicated by the Lessee Customer for notification and claim, and the Lessee Customer accepts that this data is correct for their notification.
3.6 The Lessee Customer must be at least 18 years old and capable of entering into legally binding contracts. Furthermore, the Customer must have their residence registered in Spain. In case the customer does not have their residence in Spain, KLETA reserves the right to request a security deposit before the subscription contract begins. After the termination of the subscription contract, the deposit amount will be credited no later than seven (7) business days after the return of the Vehicle using the payment method selected by the Lessee Customer at the end of the contract.
As an alternative to the deposit, KLETA reserves the right, at its discretion in individual cases, to require payment of an advance, up to a maximum of the value of the Product provided, as a guarantee from the Lessee Customer. This amount must be paid to KLETA before the selected Vehicle is delivered and will be offset against the monthly subscription fees during the term of the contract. If the Lessee Customer terminates the contract before the guarantee amount is fully settled, the remaining amount will be refunded no later than seven business days after the return of the Vehicle using the payment method chosen by the Lessee Customer at the end of the contract.
3.7 The duration of your subscription ("Subscription Period") is agreed upon in the online subscription process. The Subscription Period will not begin until the day the Vehicle is delivered, which is scheduled with an appointment to pick up the Vehicle at one of KLETA's sales points or via home delivery. KLETA reserves the right to charge a "no-show" fee if the Customer does not cancel their scheduled appointment (pickup or delivery) with a minimum of 24 hours' notice. In case the Vehicle is not picked up or delivered during the first seven (7) calendar days from the first scheduled appointment, KLETA reserves the right to initiate the subscription, even if the Vehicle has not yet been delivered to the Lessee Customer.
3.8 Changes to the Subscription, both in the duration of the contract and the chosen Vehicle, can be requested in writing through different channels that the Lessee Customer can use (such as WhatsApp, in-app, or via email to firstname.lastname@example.org). However, each change to the original Subscription chosen by the Lessee Customer must be approved by KLETA.
4. Rental Fees and Payment Conditions
4.1 For the rental of a Vehicle and, where applicable, its Accessories or additional services, fees become due on the first day of the agreed contract period within the ordering process.
4.2 KLETA reserves the right to adjust the rental of the Product during its Subscription Period, with future effect. However, we will inform the lessee Customer in writing and with sufficient notice of any changes to the Vehicle rental before they come into effect.
4.3 Permitted payment methods are detailed to the lessee Customer in the product information and/or in the online Subscription process.
4.4 KLETA processes all payments through external payment service providers. This includes, among others, Stripe. The lessee Customer agrees that KLETA can only accept payments through this service provider, or that the service provider may debit the resulting amounts.
4.5 The lessee Customer accepts the automatic charge of the invoiced amount by selecting the payment method. In case of a possible contract extension or applicable fee, KLETA will automatically debit (charge) the invoiced amount through the deposited payment method on the first day of the new contract period.
4.6 KLETA reserves the right to unilaterally and extraordinarily terminate the contract in case of non-payment of two consecutive rental installments. In this case, KLETA has the right to claim payment of the unpaid installments and collect the Vehicle at the Customer's expense, with immediate effect; the lessee Customer is obliged to make the Vehicle available to KLETA at the specified time. If the Vehicle cannot be found (for example, because it is on private property), KLETA may demand compensation for the incurred costs.
4.7 KLETA has the right to unilaterally modify the Subscription (which includes these T&Cs) due to changes in KLETA's product and/or service portfolio, technical, commercial, or legal changes, or changing market circumstances. Changes to these T&Cs will be communicated well in advance, at least fourteen (14) days before the effective date, via email to the lessee Customer. If the Customer is a consumer, they have the right to terminate the Subscription before the modified T&Cs come into effect. If the Customer continues to use KLETA's services after the changes take effect, it will be deemed that they have accepted them.
5. Rules of Use
5.1 It is the lessee Customer's obligation to use the Vehicle with due diligence, in accordance with its characteristics, respecting traffic regulations, and avoiding, in any case, any situation that could cause damage to the Vehicle and third parties.
5.2 The use of the Vehicle is the exclusive responsibility of the lessee Customer and for personal use. It is the lessee Customer's obligation not to allow anyone other than those authorized in accordance with this contract to drive the Vehicle, with the lessee Customer being directly responsible for any damage or harm caused to the Vehicle or third parties in such a case. Violation of this clause will be considered unauthorized use.
5.3 Unauthorized use of the Vehicle includes, but is not limited to, the following examples:
a) Pushing or towing any other vehicle.
b) Driving in places not suitable for circulation, such as beaches, car circuits, forest tracks.
c) Circulating on unpaved or paved roads, but with serious deficiencies, that could cause damage to the Vehicle's wheels or undercarriage.
d) Driving the vehicle in restricted areas.
e) Transport of goods and especially of hazardous, flammable, and/or harmful substances for the Vehicle.
f) Using the Vehicle in any activity contrary to the law.
g) Transporting a number of people or amount of luggage exceeding the authorized limit for the Vehicle. An exception is the transportation of children in approved child seats, always respecting the maximum allowed weight.
h) Any type of manipulation or intervention in the Vehicle or Accessories, with the lessee Customer obliged to immediately notify KLETA of any malfunction.
i) Soiling the Vehicle beyond what is reasonable and careful use.
j) Driving the Vehicle in a state of fatigue, illness, or under the influence of alcohol, drugs, or medications.
k) Driving against traffic rules.
l) Driving the Vehicle by a person not authorized in the contract.
m) Driving the Vehicle outside the Subscription country or geographical area, unless there is express and signed authorization from KLETA and the corresponding extraordinary additional coverage is contracted or paid.
5.5 The lessee Customer cannot use the Vehicle as a business in the exercise of their trade, business, or profession (for example, it is prohibited to use the Vehicle for the professional delivery of products or food) without prior consent from KLETA. In case of a breach of this clause 5.5, KLETA has the right to terminate the contract and claim the corresponding damages.
5.6 Fines, penalties, fees, surcharges, and administrative expenses arising from traffic violations or laws, regulations, or ordinances incurred by the lessee Customer during the Subscription period must be paid by the lessee Customer, who must indemnify KLETA from any concept. Sanctions, fines, fees, surcharges, and, in general, costs of all kinds imposed by the authorities. If, due to the misuse of the customer, the Vehicle has been seized by the authorities and KLETA has to recover it from the impound, we have the right to charge the Customer for the fine, impound retrieval cost, and an administrative fee for the recovery of the Vehicle.
5.7 You must effectively protect the Vehicle against theft using the locks provided by KLETA and/or with the digital solutions that KLETA can provide in certain models of its bicycles. To avoid theft of the Vehicle and/or any damage to it, the lessee Customer is obliged to always secure it, correctly attaching the bicycle with the locks and tying it to a bike parking rack or a fixed ground support suitable or intended for bicycles, according to local regulations and KLETA's instructions, during the delivery of the Vehicle. The Vehicle must always be attached to a fixed support, tied in places dictated by local regulations, but in no case tied to trees, traffic signs, or similar.
5.8 In the event that a lessee Customer cannot open or close the Vehicle's locks, or it does not work with the digital solution due to a technical malfunction, the lessee Customer is obliged to use an alternative opening method, provided such a method is available. If it is not possible to properly lock the Vehicle due to a technical malfunction, the Vehicle must not be left unsupervised under any circumstances, and the lessee Customer is obliged to immediately inform KLETA of the malfunction, using all available means of communication (phone, email, app, etc.).
5.9 Before each use of the Vehicle, the Customer must check the condition of the Vehicle for safe driving, its correct operation, and ensure that there are no defects. In particular, you must check that all relevant safety screws are properly tightened, the good condition of the frame, handlebars, and saddle, tire pressure, the operation of lights, and the braking system. If there is a defect at the beginning of its use or if a defect is noticed while using the Vehicle, you must refrain from using or stop using the Vehicle and contact us using the available means of communication.
5.10 The lessee Customer may not destroy the Vehicle, make changes to the Vehicle, or manipulate the electronics, battery, computer, and/or software of the Vehicle in any way.
5.11 The installation of accessories not included in the delivery and not covered by the Subscription ("Additional Accessories") is allowed as long as they can be removed without leaving residues or damaging the Vehicle and/or KLETA accessories. In the case of maintenance or repair, Additional Accessories must be removed beforehand. The installation and removal of Additional Accessories will be at the Customer's own risk. The Customer is responsible for the resulting damages from the installation and/or removal of Additional Accessories on the Vehicle. KLETA will not assume responsibility for the Additional Accessories attached by the Customer, nor for their functionality, or for damages that occur due to the use of Additional Accessories. Promotional or advertising accessories cannot be used at any time without prior authorization from KLETA.
5.12 The lessee Customer 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 prohibited to carry more weight than the limit provided by KLETA standards. Any Vehicle damaged due to a breach of this clause will be fully assumed by the lessee Customer. KLETA will not assume any responsibility.
5.13 The lessee Customer is obliged to check the functionality of the mobile support before using it. KLETA assumes no responsibility for any damage caused to the electronic device due to the use of the mobile support.
5.14 If a child seat is included as an Accessory in the Subscription, the customer is obliged to check its functionality and road safety before each use. During use, the customer is obliged to correctly fasten the child using the provided belt system and ensure that the child wears a bicycle helmet. KLETA is not responsible to the extent that damages are based on a breach of the lessee Customer's duty or are caused by the misuse of the child seat by the customer or can be attributed to it.
The Customer has the obligation and duty to inform themselves about the existing age limits, as well as the limits of each weight, to know at all times what type of saddle should be used for each child and to also respect these limits.
5.15 The Customer has the option to add a luggage rack and/or basket to their Subscription. It is only allowed to use the luggage rack and/or basket of the Vehicle in a suitable and responsible manner in relation to the intended purpose. Under no circumstances should people be transported on them, which could damage or break them.
5.16 In case the lessee Customer chooses an electric bicycle, KLETA will automatically deliver a charger and a removable battery to the lessee Customer at the time of delivery of the Vehicle. The use of the charger is only allowed for the exclusive use of the electric bicycle battery. The lessee Customer undertakes to return the charger in good condition and working order when their Subscription ends. The lessee Customer is obliged to immediately report any technical malfunction and in any case, refrain from using the Vehicle unless authorized by KLETA. In case of defects or problems with the battery, such as if the battery is submerged in water, the battery casing is defective (swollen), or leaks liquid, the lessee Customer is obliged to immediately isolate the battery and report it to KLETA. In case of loss or theft of the battery charger, KLETA may charge a fee according to the price list.
The Customer is responsible for recharging the battery and is fully responsible for the costs derived from the consumed electricity. Charging can only be done with the appropriate charger provided.
5.17 KLETA will provide the lessee Customer with a set of keys to use appropriately with the locks. You are not allowed to make copies of the keys or order them from third parties. Our company may have duplicates of keys at its disposal. Notwithstanding the foregoing, the lessee Customer will protect the Vehicle key against loss, theft, and unauthorized use at all times. Under no circumstances are you authorized to give the key to third parties.
If the key is lost, stolen, or damaged, the lessee Customer must notify us immediately, follow our instructions, and report the theft to the nearest police station. Under these circumstances, we will issue a new key and charge a key fee according to the price list. 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 immediately send it to us by post at your own expense or leave it at our store or Kleta Point.
5.18 KLETA has the right to prevent the use of the Vehicle by the lessee Customer (e.g., by removing digital access to the Vehicle lock), if rental payments are not made, if there is a suspicion of misuse (e.g., for commercial purposes), if the Vehicle has a critical safety defect, or if the lessee Customer violates the clauses of these T&Cs. In this case, KLETA also has the right to locate the Vehicle through technologies such as GPS and collect the Vehicle.
5.19 After notifying in advance, KLETA has the right to inspect the Vehicle at any time, to replace it in whole or in part, and to carry out maintenance, service, and repairs of the Vehicle, and the lessee Customer will cooperate with it, allowing the performance of safety inspections or reviews that are appropriate and in accordance with the specifications for the use of the type of product.
5.20 The breach of any or all of these obligations will be considered a serious breach of the contract, giving KLETA the right to unilaterally terminate the contract and claim damages resulting from it.
6. Service Plans and Service Coverage Areas
6.1 KLETA offers different service plans that the lessee Customer chooses during the Subscription process. The lessee Customer has the right to choose one of the available plans to complete the Subscription process. The content of the service plans may vary depending on the city where the lessee Customer is located and wants to start their subscription and/or depending on the Vehicle chosen. KLETA will present this information in an accessible manner for the Customer.
6.2 Certain services, such as anti-theft warranty or Vehicle repairs, may be carried out directly by KLETA or by external companies, always indicating in advance where such service will be performed.
6.3 The home maintenance service consists of providing repair and maintenance services at the lessee Customer's residence ("Home Maintenance"). Home Maintenance is not exclusively at the Customer's residence but also includes Vehicle repair at another location as long as it is within the Coverage Area.
This service is only offered in certain cities where KLETA operates. The Customer has the right to be informed of the coverage areas ("Coverage Area") of Home Maintenance. Under no circumstances can the lessee Customer demand Home Maintenance outside the Coverage Area. The lessee Customer who is not in a Coverage Area must travel to one of the points authorized by KLETA for Vehicle maintenance and inspection.
Coverage Area Barcelona: see map
Coverage Area Valencia: see map
7. Damages, Accidents, and Breakdowns
7.1 The lessee Customer will notify KLETA of Vehicle and/or battery damage within 24 hours of the accident or from when they become aware of the damage unless prevented by exceptional circumstances, such as hospitalization after an accident. This applies regardless of the extent of the damage or accident and whether the lessee Customer caused the damage or accident or not.
As a result, in the event of an accident, the lessee Customer agrees to:
a) Immediately report, within 24 hours, complete details of the other party and potential witnesses, license plate, name and address of the other party, collision circumstances, an accident sketch, and the insurer's name.
b) Immediately notify the authorities (police or civil guard) if there are injured persons and the collision circumstances.
c) Not leave the Vehicle without taking appropriate measures to protect it.
d) Send KLETA a copy of the official accident report and any other accident-related documents, as well as photos, by email to email@example.com.
e) Cooperate with KLETA and the insurance company with which our company has a contract for the investigation of the incident and promptly submit the necessary documents.
The main idea is to assist the Customer at all times, so we ask for maximum collaboration in this sometimes unpleasant procedure.
7.2 In the event of damage to the Vehicle and/or battery attributable to the Customer, especially for not respecting the Rules of Use in these T&Cs, the lessee Customer must pay KLETA a fee for such damages as agreed in the price list, or if certain parts of the Vehicle are damaged, KLETA has the right to charge the lessee Customer up to the amount of the relevant fee.
7.3 KLETA reserves the right to claim compensation from the lessee Customer for any loss arising from a breach by the Customer of notifying KLETA of damages or accidents or not notifying within the aforementioned period. This includes all additional expenses incurred by KLETA to repair the damage, as well as compensation claims from third parties that could have been avoided if the defect had been reported within the aforementioned period.
7.4 In the case of damage and wear to the Vehicle other than that foreseen by normal use, or if the lessee Customer caused the accident, KLETA reserves the exceptional right to claim from the lessee Customer up to the amount of the actual damages suffered by KLETA.
7.5 If the lessee Customer detects any anomaly or breakdown due to mechanical problems of the Vehicle during the Subscription period, they must immediately stop using it, contact KLETA, and at the same time, follow the instructions provided by KLETA. We will attend to the incident as soon as possible, with KLETA reserving the option to replace the Vehicle or perform the necessary repairs.
In the event of a breakdown of the Vehicle due to a third party, the lessee Customer is obliged to provide us with the identity and contact details of this third party so that we can take the necessary measures.
7.6 In case of vandalism, fire, theft, or disappearance of the Vehicle, the lessee Customer agrees to immediately inform KLETA of the incident and file the corresponding report with the relevant authorities, a copy of which must be sent to KLETA as soon as possible.
7.7 In the event of an accident with the Vehicle, the lessee Customer must not accept any liability to a third party (for example, by acknowledging liability or through a comparable statement) without the prior consent of KLETA. Otherwise, only the lessee Customer will bear the consequences of such accepted liability, and the lessee Customer will indemnify KLETA for any third-party claims related to such acceptance of liability. The lessee Customer is not authorized to accept any liability on behalf of KLETA or on behalf of KLETA's insurer.
8. Theft and Loss of the Vehicle or Vehicle Parts or Accessories
8.1 In accordance with clause 7.6, in the event of theft or loss of the Vehicle, Vehicle parts, or Accessories, the lessee Customer is obliged to notify KLETA within 24 hours of becoming aware of it. In the case of theft and loss of the Vehicle, they must hand over or send us all keys to the Vehicle that we have provided. In addition, they must complete a theft report for the police with all necessary details.
8.2 If the theft of the Vehicle occurs with the lessee Customer having insured it as described in section 5 and cooperating with us in the theft report to the police, KLETA's anti-theft warranty will automatically apply. In this case, KLETA will charge the deductible established in the price list and manage the delivery of another Vehicle with similar characteristics to the stolen one. All Accessories contracted by the Customer in the subscription process will also be replaced, at no cost to the Customer, if the anti-theft warranty applies.
If the Vehicle reported as lost or stolen is found again, KLETA may, at its discretion and subject to the technical and optical conditions of the Vehicle, refund the amounts from clause 8.2 (or from the price list).
8.3 If the Vehicle is not insured as described in section 5, and the Vehicle is lost or stolen, the anti-theft warranty does not apply, and the Customer will be obligated to pay the costs indicated in the price list. In the case of theft and loss of individual components and/or Accessories contracted in the Subscription process due to their negligence, we have the right to charge them the cost corresponding to the replacement of the component or Accessory.
8.4 If the Customer does not comply with their obligations in the first clause of this section, particularly if they do not report the theft or loss of the Vehicle or do not hand over or send us all the keys to the Vehicle that we have sent or delivered previously, we reserve the right to charge them a non-compliance fee, according to the price list.
8.5 Any false statement about the facts, duly proven, gives KLETA the right to charge them a supplement for dishonesty. This amount must be paid in addition to any amount owed under this clause.
9. Changes, Cancellation, Termination, and Returns
9.1 Vehicle changes are only allowed in case of damage, defects, loss, or theft of the Vehicle. If the Vehicle is stolen or lost, the lessee Customer is only entitled to a change if they are not responsible for the theft or loss and have paid the deductible established in the fee table. Likewise, in case of the end of the Subscription period, the lessee Customer may request a Vehicle change when contracting a new Subscription.
In this case, KLETA reserves the right to limit the number of Vehicle changes per Customer to a maximum of up to 3 models during the current year. The lessee Customer does not have the right to request a Vehicle change if the subscription has not ended.
9.2 The lessee Customer has the right to make changes to their service plan or the contracted Vehicle as long as it is for a higher service plan, a higher Vehicle, or to add more accessories to the current subscription. The lessee Customer does not have the right to change, during an active subscription, to a lower service plan, a lower Vehicle, or remove accessories without the prior consent of KLETA.
9.3 The lessee Customer does not have the right to pause an active subscription without the prior consent of KLETA.
9.4 Early termination of the subscribed service plan is only possible with our prior consent. KLETA reserves the right to charge the difference between a monthly plan and the plan chosen by the Customer from the start of the contract to compensate for the shorter subscription period.
Under no circumstances, the customer will be entitled to refunds or credits if the Vehicle is returned before the subscription period ends. If the Vehicle is returned before the end of its subscription, the rights that the lessee Customer had with us end at the time of the return. However, notwithstanding the above, we reserve the right to charge the rental fee until the end of the contracted subscription.
9.5 The lessee Customer can make cancellations directly on the KLETA user portal or can communicate them to KLETA through any official KLETA support channel (including, among others, email or WhatsApp). In case of a cancellation via email, it must be sent from the email address that the lessee Customer used when registering.
9.6 At the end of the Subscription, the lessee Customer must (at their own cost and risk) return the Vehicle and/or any Accessories provided with the Vehicle at the time, before, or no later than the Subscription end date, to a KLETA store. If the accessories have not been returned by the Customer, KLETA reserves the right to charge a fee for the loss of these Accessories (fee list). If KLETA has to pick up the Vehicle at a location requested by the lessee Customer, KLETA is entitled to charge a fee according to the fee list.
The Customer is obliged to return the battery, charger, mobile holder, and any other accessory in good condition and working order, and inform KLETA about any technical malfunction.
If the Customer does not return the Vehicle on the scheduled return date, the Subscription will remain valid until the Vehicle is returned, and KLETA may continue to charge the subscription fees until the Vehicle is returned.
All rights of the lessee Customer under the Subscription will end from the moment the Customer returns the Vehicle to KLETA or the Vehicle is collected by KLETA, without prejudice to the lessee Customer's obligation to pay the full rent until the end date.
9.7 KLETA will have the right to unilaterally terminate the Customer's Subscription in the following cases:
a) Non-compliance with the duty to pay the Vehicle rental fee;
b) Non-compliance with the duty to pay fines, penalties, fees, and charges from the administration for violating traffic rules or any regulations applicable to the lessee Customer;
c) Non-compliance with the Vehicle Usage Rules defined in clause 5;
d) False statements.
9.8 Withdrawal is considered the consumer's and user's faculty to terminate the contract concluded, notifying KLETA, without the need to justify their decision and without any penalty. In this regard, the Customer has the right of withdrawal, i.e., to cancel an order that has not yet been paid, or that, even if paid, has not yet been processed by our central warehouse, and therefore, has not been delivered or collected. To do this, the lessee Customer must contact customer service as soon as possible [*].
Likewise, the Customer has the right of withdrawal when, once the Vehicle has been delivered and within a period of fourteen (14) calendar days, they are not satisfied with their order. After this period, the Customer will lose the right to a refund or withdrawal.
It is essential that the Vehicle and the delivered Accessories are returned in perfect condition. In case the products are damaged, KLETA may apply additional fees according to the fee list.
If changes to these T&Cs occur, such as the price and/or specifications of the vehicles, such unilateral changes by KLETA will take effect fourteen (14) days from their notification. The lessee Customer, under the General Consumer and User Law, will have the right to terminate the contract by written communication to Kleta within fourteen (14) days from the notification of the changes. After this period, it will be understood that the lessee Customer has accepted the new T&Cs, which will automatically apply to them.
10. Data Protection
We collect and process personal data in accordance with the European Data Protection Regulation and as necessary to provide subscription services and carry out and improve administrative processes.
The Customer has the right to access, rectify, oppose, and delete the personal information related to their subscription. These rights can be exercised by sending an email to: firstname.lastname@example.org or by postal mail to Carrer Paraguai 11, 08020 Barcelona.
11.1 KLETA shall not be liable for any damage or loss (including fines or other monetary penalties imposed) suffered by the lessee Customer as a result of the use of the Vehicle, except in the case of willful misconduct, deliberate recklessness, or gross negligence on the part of KLETA or for damages that cannot be excluded due to mandatory legal provisions.
11.2 All services and products made available are provided "as is" and "as available," unless otherwise specified in writing. The Customer expressly agrees that the use of the Vehicle is at their own risk and responsibility.
11.3 KLETA accepts no liability for damages to persons or death of any user of its vehicles, regardless of the cause, unless due to negligence attributable to the company, its employees, or its suppliers. It is also not responsible for death, injuries, or illnesses caused by the Customer during the Subscription Period. The company will not cover medical expenses for its users.
11.4 The lessee Customer will be personally responsible for complying with these T&Cs.
11.5 The lessee Customer will indemnify KLETA upon the first written demand for any fines or other monetary penalties imposed on KLETA as a result of the lessee Customer's use of the Vehicle.
11.6 The lessee Customer indemnifies and holds KLETA harmless upon the first written demand for 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 lessee Customer's breach of obligations under the Subscription or these T&Cs. In this context, KLETA may cooperate 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 convenience, KLETA may pay the amounts owed by the lessee Customer on behalf of the Customer, and the Customer will reimburse KLETA for such amounts. Without prejudice to compensation for any additional damage, for the administrative management of such incidents, KLETA reserves the right to charge the Customer an incident fee in the amount set forth in the fee list. By accepting these T&Cs, the Customer agrees that KLETA may debit these amounts from the Customer's payment method.
12. Final Provisions
12.1 KLETA reserves the right to make reasonable changes to the rental if KLETA's costs change as a result of changes in applicable laws and regulations or for annual price indexation based on the Consumer Price Index. Such changes will be communicated to the lessee Customer by email at least fourteen (14) days before the effective date. The lessee Customer is not allowed to terminate the Subscription due to a price change unless the Customer is a consumer, in which case the Customer may terminate the Subscription by written notice before the price change takes effect. If the lessee Customer continues to use KLETA's services once the price change has taken effect, it will be deemed to have accepted the new price.
12.2 KLETA has the right 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 T&Cs will be communicated at least fourteen (14) days before the effective date via email to the lessee Customer. If the lessee Customer is a consumer, they have the right to terminate the Subscription before the modified T&Cs take effect. Once the T&Cs have taken effect, without the lessee Customer having communicated their termination, it will be understood that they accept the modified T&Cs.
12.3 If any clause of these T&Cs is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part thereof that is declared null or ineffective, with the clause remaining in effect in all other respects, considering such provision, or the affected part thereof, as not included. KLETA undertakes to replace the clause declared, in whole or in part, null or ineffective with another that is faithful to the spirit of the one declared, in whole or in part, null or ineffective.
12.4 The lessee Customer's Subscription and these T&Cs, as well as all rights arising from them or in connection with them, are exclusively subject 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.
12.5 Spanish law applies exclusively to the Subscription and these T&Cs. All disputes arising from or related to the Subscription and the T&Cs will only be submitted to the competent court in Barcelona, except to the extent that another court is competent in accordance with any mandatory provision.