Kleta Rental Terms and Conditions

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

Your subscription to this Website will be 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 wish to subscribe to a Kleta through this Website, you indicate 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 Kleta rental or any other product, please contact us.

We are KLETA MOBILITY, SL a limited company registered in Spain (Barcelona), under tax identification number B01774082 and with registered office at Calle Calabria 199, Principal 4 (08029 Barcelona).

Definitions:
“You” are the customer (main user of the bicycle), who completed the order process and is entitled to ride Kleta's 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. "Damage" is any damage that occurs to the Kleta (including the seat, pedal, wheel...) and any damage that occurs to the property of third parties when applicable.

1.Overall

1.1. These Kleta Rental Terms and Conditions ("TCA") apply between you as a customer and Kleta ("us") and govern the rental terms and conditions of the bikes we provide to you from time to time.

1.2. For the purposes of these TCAs, the Kleta could be any type of Kleta bicycle as agreed between you and us in your Subscription, as defined in item 2. These TCAs are part of the contract between you and us ("Contract" ) and apply to the exclusion of all others. Terms that differ from these conditions, conflict with or supplement these TCA will only become part of the contract if we have expressly consented to them in writing.

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

2. Subscription

2.1. During the Subscription Period, we will make a Kleta available to you. Your Subscription details and Kleta details are agreed as part of the online order process on our Website ("Order Process").
The main steps to order online are the following:

- First Step: Selection of your Kleta subscription by clicking on the "Subscribe" or "Pre-Order" button, as the case may be.
- Second Step: Confirmation. You must register or log in to confirm the subscription and complete your rental. You will be asked to provide your email to Register and then your credit card details, first name, last name, address, city, country, postal code, and phone number. Once these data have been completed, you must press the "Buy Now" or "Buy Now" button.
- Third Step: Notification of Kleta. After completing the Order Process, you will receive a notification confirming your subscription. The confirmation email will contain the main details of your subscription. We will then agree on the time and place for the delivery of the Kleta.

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

23. You can only use the Kleta in the Barcelona metropolitan area. The use of the Kleta outside the metropolitan area is only possible after obtaining our express written consent.

3. Availability of Kleta

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

3.2. We do not guarantee the availability of a Kleta of a particular colour, equipment or configuration.

3.3. The Kleta and all objects (accessories) provided to you in connection with it (for example,
keys or lights) are our property or the property of our associated companies. The rental of the Kleta does not imply in any case a transfer of property rights.

3.4. Prior notice, you must allow safety inspections or revisions that are appropriate and in accordance with the specifications of use of the type of bicycle. In this sense, KLETA MOBILITY, SL has the right to inspect the Kleta at any time, to replace it totally or partially, and to carry out the necessary maintenance and repairs.

4. Rules of use

4.1. The user of the Kleta undertakes to use and drive the bicycle in compliance with the traffic regulations in force in the place and at the time the service is provided and in accordance with the following usage specifications:

● The use of the Kleta will be under your sole responsibility.
● Before using the Kleta, you are required to familiarize yourself with its operation.
● Before each use, you must check the condition of the Kleta for safe driving, correct operation of the Kleta and the absence of defects. To do this, in particular, you must check the tightness of all safety-relevant screws, the good condition of the frame, the handlebars and the saddle, the tire pressure, the operation of the lights and the braking system. If a defect exists at the beginning of your use of the Kleta or if a defect occurs while you are using it, you should refrain from using the Kleta or stop using it, and contact us.
● The Kleta is intended for your personal use only. Accordingly, you must not entrust or allow any third party to use the Kleta in any other way or to sell, lease, sublet, pledge or encumber it with collateral or rights to third parties.
● The Kleta is a high quality object. Accordingly, you must not damage or destroy it or make modifications of any kind.
● You must effectively protect the Kleta against theft (clause 7).
● You are only allowed to use the Kleta in the generally accepted manner and only on paved roads and streets.
● You must wear and care for the Kleta, in accordance with our instructions.
● You must not use the Kleta under the influence of drugs, medication, alcohol or any
other types of substances that affect proper driving.
● You must not use the Kleta in races, speed tests or to participate in rallies, contests or tests, wherever they are, whether official or not.
● You are only allowed to use the Kleta luggage 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 hold KLETA MOBILITY, SL harmless from any sanctions, fines, fees, surcharges and, in general, costs of all kinds that are imposed by the Administrations.

Failure to comply with any or all of these obligations will be considered a breach of contract, with our company having the right to claim damages and losses that may arise.

4.2. By using the Kleta, you are obliged to always fully comply with all applicable legal provisions, in particular with all traffic regulations in force at all times. In addition, you must always ensure that the Kleta is not detrimental to road safety, that other road users and pedestrians are not threatened, harmed or hindered and that the use of the Kleta is not
interfere with, damage or endanger other vehicles owned by third parties or other rights of third parties.

4.3. You are not allowed to use the Kleta as an entrepreneur in the exercise of your trade, business or profession (for example, it is prohibited to use the Kleta for the professional delivery of products or food). In case of breach of said clause 4.3, our company will have the right to terminate the contract with you and claim the corresponding damages.

5. Rental rates and payment terms

5.1. In exchange for making the Kleta available to you, you must pay the fee for the subscription plan chosen in the Order Process. The subscription plan will automatically renew each month, unless you decide to cancel it under these conditions. The first month of your rental begins on the day the Kleta is delivered and ends 31 days later ("Kleta Subscription Month"). The next month's rent for Kleta is due on the 30th day of the Kleta subscription month, meaning payment is due before the start of the next Kleta subscription month. You authorize KLETA MOBILITY, SL, as service provider, to charge you the corresponding monthly subscription fee at the current price at that time, as well as any other charge that may be incurred in connection with the use of the Kleta, such as taxes, depending on your payment method on one or more charges.

5.2. We reserve the right to adjust the rent for the Kleta during your Subscription Period with future effect. We will notify you in writing of any changes to the rental of the Kleta well in advance before they take effect.

5.3. To the extent agreed in the Order Process, we may also charge you a one-time fee. This will always be visible in the Order Process as well as when choosing any of the plans.

5.4. If you provide an invalid credit card or the charges are returned, you will be in default with respect to the corresponding payment. In this case, we will notify you of this fact and you must proceed to settle the payment within the 7 days following the date of the return: a) an amount equal to the amount of the return; b) all third party charges we incur in connection with the return (including charges made by our bank or your bank or payment processor or card issuer); c) an administrative fee; and d) all our reasonable costs, losses and expenses incurred in the recovery of the amounts mentioned in this paragraph (including, without limitation, legal fees and debt collection fees).

6. Measures and protection material of the Kleta

6.1. Together with the Kleta, we supply you with one or more security locks.

6.2. To avoid the loss of the Kleta due to theft and/or any damage to it, you are obliged to always secure it, fixing it correctly with the padlock and security chain when you do not have them in sight (pass the padlock through the frame, saddle and wheels and tie the bike to a post fixed to the ground or bike parking). The Kleta should always be attached to a fixed bike rack and not to a tree, fence or traffic sign.

6.3. We will also provide you with a key set to use with the locks. You are not allowed to make copies of the keys or order them from a third party. Our company may have at your disposal key duplicates. Notwithstanding the foregoing, you are obliged to protect the Kleta key against loss, theft and any unauthorized use at all times, and you are not authorized to transfer the key to third parties.

6.4. If your key is lost, stolen or damaged, you must notify us immediately, follow our instructions and report the theft to the nearest police. In these circumstances, we will issue you a new key and charge you a fee of EUR 15 per key for a mechanical Kleta and EUR 20 for an electric Kleta. At the time of delivery of the new key, you must confirm receipt of the same. 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 drop it off at our store.

6.5. In the event that one of your locks is lost, stolen or damaged, you must notify us immediately. In these circumstances, we will issue you a new lock and charge you the following fees:

- Ring lock: 20 EUR
- Frame lock: 40 EUR
- Seat lock: EUR 10

Upon delivery of the new lock, you must confirm receipt of it.

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

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

7.2. If you have caused the damage to the Kleta or it is the result of your breach of the rules of use in these TCA, we reserve the right to claim damages from you.

7.3. In the event of a failure of the Kleta 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 in connection with an accident, you must immediately stop using the Kleta and take the measures required by law and regulations, regardless of whether the accident is serious or not, and must also take the following measures:

a) Inform KLETA MOBILITY, SL immediately about the situation of the accident and follow the instructions given by the company.
b) You must report the accident to the authorities (police) and send us the official accident report or a detailed part of the accident signed by you and the third party, by email to info@kleta.es If you do not send us the contact details of the third party by email, within 24 hours of the accident, even if you have them, we reserve the right to invoice and collect from you in full for any losses we incur.
c) You must cooperate with us and the insurance company with which our company has a contract in the investigation of the accident and present the necessary documents without delay.

8. Theft and loss of the Kleta Bikes

8.1. You are obliged to inform us of the theft / loss of the Bicycle or individual components thereof (for example, saddle, wheels, locks or battery) within 24 hours of becoming aware of it. In case of theft and loss of your Bicycle, you must give us or send us all the keys of the Bicycle that we have given you. In addition, you will need to fill out a theft report for the police with all the necessary details.

8.2. If the theft or loss of the Kleta occurs after you have insured it according to the indications in Clause 6.2 and collaborated with us in the theft report to the police, KLETA MOBILITY, SL will charge you a fee of 30 EUR (VAT included) (60 EUR VAT included if it is an e-kleta) for the management of the incident.

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

8.3. If you fail to insure the Bike as described in Clause 6.2 and as a result the Bike is seriously damaged, lost or stolen, you will be required, in addition to paying the costs set out in Clause 8.2, to pay us a fee of 250 EUR (VAT included) for said damages. The amount will be 300 EUR (VAT included) in the case of the e-Kleta. In the event of theft and loss of individual components due to your negligence, we shall be entitled to charge you for the cost of replacing the individual component. In case of the battery of the e-Kleta 100 EUR for its loss or theft.

8.4. If you fail to comply with your obligations under Clause 8.1, in particular if:

you do not inform us about the theft / loss of the Kleta, or the e-Kleta or you do not give us or send us all the keys of the Bicycle that we have sent and delivered to you, we reserve the right to charge you a non-compliance fee of 250 EUR (VAT included) for the Kleta and EUR 300 (VAT included) 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 (VAT included). This sum must be paid in addition to any amounts due under this Clause 8.

9. Measures in case of failures

If you detect any anomaly or breakdown due to mechanical problems with the Kleta during the Subscription Period, you must immediately stop using it, contact us and at the same time follow the instructions we provide you. We will attend to the incident as soon as possible. Kleta will have the option of replacing the bike or accepting repairs.

10. Subscription Period, Cancellation and Return

10.1. The term of your subscription ("Subscription Period") is agreed upon in the Order Process. The Kleta subscription is for your personal, non-commercial use.

10.2. If we have agreed to a monthly Subscription, the Subscription Period is 31 days from the date indicated in the Order Process and automatically extends from month to month, unless canceled in accordance with these TCAs. You or we may cancel a monthly subscription at any time for convenience with one month's notice. The subscription will end one month after the other party has been informed of the cancellation of the service. In no case will you be entitled to refunds or credits in your favor if you return the Kleta before the end of the Subscription Period.

10.3. 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. Early termination with effect before the end of the minimum term is only possible with our prior consent. In the event that we support early termination, the subscription will end one month after consent is given. The value of a monthly subscription will be charged at the end of the subscription period to compensate for the shorter subscription period.

After the minimum subscription period has elapsed, the subscription converts to a monthly subscription specified in Clause 10.2.

10.4. We have the right to cancel your subscription without prior notice in the following cases:

● For breach of their duty to pay the rental fee of the Kleta;
● For use of the Kleta outside the Barcelona metropolitan area without the express consent of
written;
● For breach of the rules of use of Clause 4; and
● For false statements or repeated inappropriate use of our products.

10.5. Any communication of cancellation must be made in writing, being valid the communication by email.

10.6. If your subscription has ended, but you want to continue with the subscription, you can reactivate it by email free of charge. If the cancellation and return of the Kleta have already occurred and you want to reactivate the subscription, there may be management fees.

10.7. When the cancellation of the subscription takes effect, you will be obliged to return the Kleta and any other object provided by us at the time (in particular the keys and padlock). If you return the Kleta before your subscription cancellation takes full effect, your rights with us end at the time of return. Notwithstanding the foregoing, we reserve the right to charge the rental fee until the cancellation of your subscription takes full effect.

10.8. In the event you do not return the Kleta on time, when your subscription cancellation takes full effect, we reserve the right to charge a late delivery fee of EUR 5 per day, up to a maximum of EUR 35 until you return the Kleta ; reactivate your subscription or contract a new subscription plan.

10.9. If you do not return the Kleta within 7 days after the effective cancellation of your subscription, and you do not reactivate it, we reserve the right to exercise the appropriate legal actions against you. In this case, we will be entitled to charge you a retention fee of EUR 250.

11. Data Protection

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

You have the right to access, rectify, oppose and delete the personal information related to your subscription. These rights can be exercised by sending an email to: info@kleta.es or by post to Calle Calabria 199, Principal 4 (08029 Barcelona).
By accepting these TCA you expressly acknowledge having given your explicit consent to the privacy policy contained in this Clause 11. Please read our Privacy Policy here.

12. Liability

12.1. KLETA MOBILITY, SL, its services and all 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 Kleta is at your own risk. KLETA MOBILITY, SL will only be responsible for damages derived from (i) negligent action or in bad faith; (ii) defects that have been fraudulently concealed, and (iii) in the event that it expressly assumes a quality guarantee. Any other liability is excluded.

12.2. KLETA MOBILITY, SL does not accept any obligation or responsibility for damage to persons or death of any user of its bicycles, whatever its cause, unless it is due to proven negligence of the company, its employees or suppliers. We are also not responsible for accidental injury or death caused by others using your Kleta.
Finally, we are also not responsible for death, injury or illness caused by You during the Subscription Period. Our company will not be responsible for the medical expenses of its users.

12.3. We will not be responsible for defects in the Kleta that appear at the beginning of the Subscription Period, unless it is due to our direct fault.

13. Final Provisions

13.1. We reserve the right to modify these TCAs at any time for technical, commercial or legal reasons with effect for the future. You may accept or reject such modifications before it becomes effective, however, your consent will be deemed given if you do not object to the amendment before it becomes effective. We will warn you about this in our change notice. We reserve the right to terminate your subscription if you object to any changes to these TCAs.

13.2. If any of the clauses of these TCA 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, subsisting the clause in all the rest, taking such disposition, or the part of the same that was affected, for not putting. KLETA MOBILITY, SL undertakes to replace the clause declared totally or partially null or ineffective, by another that is faithful to the spirit of the clause declared totally or partially null or ineffective.

13.3. Your Subscription and these TCAs, as well as all 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.

13.4. 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 TCAs, will be that of the Courts and Tribunals of Barcelona.