Terms and Conditions for Users in Spain
Last updated: June 15, 2021
These Terms and Conditions of Service (the “Terms and Conditions”) govern the use of the Service provided by Superpedestrian Spain S.L., having its address at C Balmes, Num. 76 / Planta Pra Puerta 1ª / 08007 Barcelona / Spain (“Superpedestrian”, “the Company”, “we”, “us”) and form an integral and substantial part of each contract for rental of Scooters (the “Contract”) concluded between the Company and the user, understood as the natural person age 18 or over who uses the Service (the “User”, “you”, “your”)”), and the related use of the Company’s App and websites, as defined below, (collectively, the “Service”).
Please do not use our scooter rental Service unless you consent to and accept these Terms and Conditions.
By consenting to these Terms and Conditions, the User agrees to abide by the provisions set out below when using the Service and performing the Contract. We therefore recommend that you read the Terms and Conditions carefully.
We reserve the right to change these Terms and Conditions, and the updated Terms and Conditions will be made available through our website and our Company scooter rental App. If we make material changes to these Terms and Conditions, we will provide notification of the update through our App.
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the meanings set out in this Article.
“Account”: the account created by the User through the registration and identification process to access the personal area of the App, to conclude Contracts for the use of the Scooters and to use the Service;
“Active Area”: the area of the city in which the Scooters subject to the Service are permitted to be located, as shown on the Map of the city provided in the App;
“App”: the Company’s mobile software application for operating systems such as Android/IOS installed and operating on the Devices;
“Code”: the identification and control code of the Scooter in QR Code and numeric format located on the handlebars of each Scooter;
“Contract”: the contract between the User and Superpedestrian governed by these Terms and Conditions that has as its object the performance through the conclusion of individual purchases of the Service;
“Customer Service”: Customer service is available 24 hrs/day for 7 days a week and can be contacted via the App, by phone listed under Help menu on the App +34 950 68 40 02, or by sending an email to: support@superpedestrian.com;
“Device”: the mobile device used by the User to access the App and use the Service;
“Highway Code”: means the Spanish Highway Code currently in force and implemented by Royal Legislative Decree 6/2015, of 30 October, approving the consolidated text of the Traffic, Motor Vehicle Circulation and Road Safety Act and any subsequent amendments, supplements and replacements, including Spanish Royal Decrees 1428/2003 and 2822/1998;
“Identity document”: the identity card, passport or driving licence which may be required to be provided by the User when registering the Account in certain cities;
“Map”: the map of the city in which Superpedestrian performs the Service;
“Payment Card”: the User’s credit card, debit card or prepaid card validly issued by a bank, and which the User has the valid authority to use, provided by the User for payments on the Account;
“Penalties”: the penalty measures applicable to Users in the event of breach of these Terms and Conditions, or any fines, charges or other fees imposed by any competent authority as a result of User’s breach of the Regulations or these Terms and Conditions;
“Regulations”: the national and local regulations in force in Spain and in the city where the Service is provided at the time of conclusion of the Contract, with particular reference to the regulatory provisions of the Spanish Highway Code and any local municipal regulations, resolutions and guidelines;
“Rental Period”: means the period of time for the performance of each Contract which starts from the confirmation of the activation of the Scooter and ends with the proper end of the Scooter ride in accordance with the Terms and Conditions;
“Scooter”: the electric scooter provided by Superpedestrian, under the LINK or Superpedestrian brand, for Users to ride in connection with the Service;
“Service” or “Rental”: the rental service of the Scooters, and the services ancillary or related thereto, such as the use of the App, the Company’s websites, and the localization of the Scooter performed by the Company pursuant to the Agreement;
“Site”: the Company’s websites and online properties, including but not limited to https://www.superpedestrian.com and https://www.link.city/;
“Superpedestrian” or “Company”: Superpedestrian Spain S.L., a company organized under the laws of Spain and having its address at C Balmes, Num. 76 / Planta Pra Puerta 1ª / 08007 Barcelona / Spain, and its parent companies and affiliates;
“Tariff Plan”: the economic conditions referred to in Article 16 of the Contract and the prices, fees, Penalties and other charges set forth in the Company’s App and/or website for the Service localized to each city at the time of the Contract;
“Terms and Conditions” means these general terms and conditions, as updated from time to time, governing and constituting an integral and substantial part of each Contract;
“User”: the natural person age 18 and older who meets the requirements to use the Service set out in these Terms and Conditions.
Article 2 – Service
2.1. The Service allows the User to rent a Scooter in the Active Area one or more times, pursuant to the Contract and in accordance with the Regulations.
2.2. In respect of each use of the Scooter, the User and Superpedestrian enter into a separate Contract, governed by the provisions set out therein, and to which these Terms and Conditions and the Tariff Plan, as set forth on the App on the date of conclusion of the Contract, shall apply.
Article 3 – Requirements for using the service
3.1. In order to use the Service, the User must be:
at least 18 years of age and under the age of 75, as specified in the laws of Spain;
at least 1.40 meters tall;
equipped with a Payment Card which he/she is entitled to use;
in a condition to use the Scooter in an appropriate, distraction-free manner, and in any case not be under the influence of alcohol or drugs, or in any other condition limiting his/her capacity to operate the Scooter in a safe manner;
using a Device that meets the technical requirements of the App.
The Company does not guarantee any technical compatibility between the App and the Device and does not assume any liability in relation to the compliance of the Device with the technical requirements of the App.
3.2. During and until the end of each Rental Period, the User must also have a stable data connection service.
3.3. The requirements must be maintained throughout the duration of the Contract. Any deficiency of one or more requirements must be immediately communicated in writing to Customer Service, which may suspend or terminate the Contract.
Article 4 – Procedure for registration of the User on the App and conclusion of the Contract
4.1. In order to use the Service, the User must register on the App and create an Account.
4.2. The User is the sole user of Account and may not authorise any third party to use his/her Account, or assign or otherwise transfer his/her Account to any other person or entity for the purpose of accessing or using the Services. The User shall not allow any other person, including any minor children of the User (under 18 years of age), to ride any Scooter through or by the User’s Account, or to ride on a Scooter with the User.
4.3. By completing the registration procedure on the App, the User:
declares that he/she has read and understood the Company’s Privacy Policy and these Terms and Conditions and has no objection;
accepts the Terms and Conditions in full by concluding the Contract;
accepts the Tariff Plan in full, as set forth in the App.
4.4. In order to complete the registration and use the Service, it is necessary to meet the minimum requirements set out in these Terms and Conditions.
Article 5 – Identification system
5.1. The Account, which enables the conclusion of one or more Contracts and therefore the use of the Service, is strictly confidential and personal to the User. The User undertakes to keep his/her Account safe and secure, and shall be responsible for the security and confidentiality of his/her method for accessing the Account.
5.2. Any loss, breach or unauthorized access of the Account or the associated Payment Card must be promptly reported to the Company through Customer Service.
5.3. In the event of a breach of this article and to the extent permitted by applicable laws, the User shall be held liable and shall compensate and hold harmless the Company from any damages and/or disbursement of money (including indirect damages such as fines and/or administrative sanctions). The User shall also be liable for all activities that occur on his/her Account as well as for any event of theft, loss, unauthorised use of or damage to the Scooters in connection with a breach of this article.
5.4. The User may request the cancellation of the Account by contacting Customer Service through the App or at support@superpedestrian.com.
Article 6 – Rental procedure
6.1. In order to initiate or conclude a Contract, the User shall access the App through his/her Device and start the Scooter by means of the QR code or code indicated underneath the QR code (so as to allow recognition of the Code) according to the instructions given by the Company.
Article 7 – Availability of the Service
7.1. The User acknowledges that while the Service is normally available in the Active Area 24 hours a day, it is subject to ordinary business constraints which may result in scooters not being available due to factors such as weather, high demand, maintenance and charging needs, or geographic restrictions, and subject to cases of force majeure, including pandemics, or decisions of the competent authorities that impose restrictions on the use of the Service. The User waives the right to raise any kind of objection and/or dispute relating to availability of the Service.
7.2. The User is aware that the Service may be subject to limitations and impediments, including but not limited to:
the malfunctioning of the connection of the User’s and/or Company’s Internet network or other connectivity;
the malfunction of electronic equipment used by the Company to perform the Service and/or monitor the Scooters;
interruption of the Service due to natural disasters or force majeure, including pandemics or government restrictions;
damage to the Scooter by third parties;
failure to recharge the Scooters.
7.3. The Company shall not be liable for any adverse effects or consequences suffered by the User as a result of the unavailability of the Scooters or the Service. The Company has taken all reasonable care in offering the Services, but makes no representations or warranties about the content of the App and the underlying software, including but not limited to its accuracy, reliability, completeness or timeliness.
Article 8 – Contracts
8.1. Each Contract entered into between the User and the Company shall be deemed to have been concluded at the time of confirmation on the App pursuant to the procedure set out in Articles 5 and 6 above, with the consequent commencement of the Rental Period.
8.2. Acceptance of the Contract in the App enables the User to use the Service.
Article 9 – Preliminary inspection of Scooters
9.1. Although the Scooters are equipped with the best technology for the User’s safety, prior to using the Scooter, the User must always carefully check the Scooter for malfunctions, defects or damage. Such check shall be accurate and strict with respect to the Scooter’s braking system, handlebars, tyres, and acceleration device.
9.2. The User shall immediately report to the Company any malfunction, defect, or damage to the Scooter that he/she may notice by contacting Customer Service and shall not ride the Scooter with any such malfunction, defect, or damage.
9.3. In any case, the User is strictly forbidden to make, either directly or indirectly, any modifications and/or repairs to the Scooter.
Article 10 – Use of the Scooter
10.1. Users undertake to use the Scooter within the Active Area, and may circulate, in compliance with the Regulations, i.e., in full respect of the applicable provisions on road traffic safety, and in particular those dictated by the Highway Code and Regulations, including any local guidelines or rules applicable in the city.
10.2. In particular, it should be noted that the Scooters covered by these Terms and Conditions may circulate on urban roads and cycle paths at the speeds set forth on road signs or in the local ordinances for the city, and where permitted, in pedestrian areas at the speeds permitted.
10.3. In any case, it is forbidden to drive on motorways, highways and extra-urban roads, and on urban areas with cobblestones, pedestrian areas and pavements, where prohibited by the Regulations, both for reasons of safety of the Users and to avoid possible damage to the Scooter. It is also forbidden to carry other people or animals on the Scooter.
10.4. Users, while using the Scooter, must always drive the Scooter with caution, and avoid sudden or zig-zag movements, which may be of hindrance or danger to following vehicles.
10.5. In the case of crossing carriageways with particularly heavy traffic and, in general, where circumstances require it, Users are obliged to cross by taking the vehicle by hand, as well as when using pedestrian crossings.
10.6. Scooters are intended for use by Users in an upright posture and are not equipped with a seat.
10.7. When Users are permitted to ride the Scooters in pedestrian areas, they must not exceed the maximum speed established by the Regulations and must avoid any behaviour that causes obstruction to the normal transit of other pedestrians.
10.8. When Users ride Scooters on pedestrian and bicycle paths, they must conform their behaviour to the Regulations and ride in designated lanes where required.
10.9. The use of a protective helmet by the User is always recommended. Users shall also follow any Regulations concerning wearing helmets, high visibility reflective gear or other safety precautions.
10.10. Users shall undertake to use the Scooter within the Active Area, on the road infrastructures and/or parts of the road, identified and consistent with the provisions of the Regulations in force. The penalties laid down in the Regulations apply.
10.11. Users shall undertake to use the Scooter with reasonable care and due diligence, scrupulously observing the Regulations and, in particular, those relating to road traffic, carefully avoiding collisions with pedestrians, as well as collisions with vehicles (e.g., when crossing carriageways or when vehicles are parked).
10.12. After parking, and before leaving the Scooter, the User must ensure that it is parked in accordance with the provisions set out below in the Active Area, in accordance with the Regulations (e.g., in areas and in ways that do not constitute an obstruction to pedestrians or vehicle traffic) and checking that it is locked.
10.13. If the Payment Card registered by the User on the Account rejects a payment charge, the Company will proceed to make further charge attempts and, in the event of charge is not permitted or rejected, the Company will notify the User of the non-payment and reserves the right to suspend the User’s Account from the Service until any debts are settled.
10.14. The User may not in any way use the Scooter in violation of Regulations, including by way of example only:
for the transport of goods or persons in breach of the Regulations;
for speed races or competitions;
for the transport of animals;
to provide a rental service to third parties, or for any other business purpose;
to commit civil, criminal or administrative offences;
to commit acts contrary to public order and public safety regulations;
to transport dangerous, flammable, toxic or similar substances;
to transport weapons, explosives, radioactive, bacteriological and similar materials;
to carry objects of such shape, size or weight that they may impair the safe operation of the Scooter or damage parts of the Scooter, pedestrians, vehicles or other property of third parties;
for towing other scooters, people, vehicles or other objects.
10.15. The User shall not violate these Terms and Conditions, including by way of example only, shall not:
ride the Scooter outside the Active Area;
park the Scooter outside the Active Area or in private streets, parking lots or garages, thereby preventing the possibility of renting the Scooter to other Users once it is parked;
transport the Scooter by private means;
dirty, damage or spoil the Scooter;
ride the Scooter in a manner that causes or is likely to cause injury, discomfort or concern to others;
use the Scooter in the event of strong winds or bad weather, floods, overflows, earthquakes, etc;
disassemble, tamper with the Scooter or carry out or have carried out any type of repair or modification to the Scooter;
leave the Scooter unattended during the Rental Period;
remove branding, trademarks or other distinctive signs of the Scooter;
disclose any commercial or non-commercial advertising on the Scooter or the App without prior written consent;
infringe any legitimate right of any third party, including but not limited to intellectual property rights;
use the Scooter to transport objects that:
may result in injury or damage to the User or any other person;
may result in damage to the Scooter or other third-party property;
are prohibited by law.
10.16. In the event the User has stolen, or has aided and abetted the theft of, any Scooter due to wilful misconduct, fault or carelessness, the Company reserves the right to claim against the User by charging the User’s Payment Card for the Account an amount equal to the value of the Scooter, as specified in the Tariff Plan on the App and Site at the time.
10.17. Any sanction imposed on the use of the Scooter by the competent authorities for the User’s failure to comply with any Regulations shall be the exclusive responsibility of the User and shall be borne entirely by the User, including any additional costs, charges or fines. The Company may pay any such fines charged by the competent authorities and charge the User’s Payment Card on the Account for any such fines and Penalties.
10.18. In the event of a breach of these Terms and Conditions, the Company shall be entitled to terminate the Contract with immediate effect upon notice to the User in the App, for breach of contract by the User. The Company reserves the right at any time to terminate, deactivate or suspend the User’s Account and restrict the User’s access to the Services. The Company also reserves the right to take action against the User for damages and take any legal action for its own protection in the competent courts.
Article 11 – Electric Vehicle
11.1. The Vehicle is an electric vehicle that requires periodic charging of its battery in order to operate. User agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric vehicle and all of the limitations and requirements associated therewith. User understands and agrees with each of the following:
The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
The level of charging power in the Vehicle at the time User initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, road elevation changes, weather conditions, and other factors.
The distance and/or time that User may operate the Vehicle before it loses charging power is never guaranteed. The Vehicle may run out of charging power and cease to operate at any time during User’s rental of the Vehicle, including before reaching the desired destination.
11.2. If during the Rental Period, the battery charge level of the Scooter falls below an acceptable level, the Company reserves the right to lock it for safety reasons.
Article 12 – Limitation of Liability of the Company
12.1. By using a Scooter as part of this Service, the User acknowledges that he/she is exclusively liable for any loss or damages for any physical injury or property damage suffered or incurred by the User and/or by any third parties as a result of the User’s use of the Scooter. The User is also solely responsible for any injury, damage, or loss to persons or property, including to third parties or the User, resulting from the User’s failure to comply with any obligations under these Terms and Conditions or any applicable Regulations.
12.2. The Company shall only be liable to the extent such injury, damage, or loss is caused by the wilful or grossly negligent actions of the Company, or a product defect, as provided under applicable laws at the time of conclusion of the Contract.
12.3. The Company shall not be liable for any failure to comply with these Terms and Conditions if such failure is due to force majeure, the actions of a third party or any reason beyond its control.
Article 13 – Insurance
13.1. The Company hereby declares that it is covered by a third-party liability insurance policy against Company liability for injury to third parties or accidental damage to third-party property arising from the use of a Scooter.
13.2. The User acknowledges and is aware that the Company suggests activating suitable insurance coverage for the User’s own liability for injuries or property damage to the User or to third parties in relation to the use of the Service. If the city where the Scooter is rented requires that the Company provide insurance for the User’s liability for injuries or property damage, then the User shall be the beneficiary of such insurance only pursuant to the terms and limitations of that insurance policy, which may require that the User has not violated the Regulations governing riding the Scooter in the city or these Terms and Conditions concerning riding behaviour. Please review the applicable insurance policies at https://www.link.city/terms-conditions/insurance.
Article 14 – Obligations in the event of accident, damage, defect or theft
14.1. In the event of an accident or collision involving the Scooter, or in the event of damage or injury to property or person resulting from the use of the Scooter, the User shall:
stop using the Scooter as soon as possible and in a safe area and end the ride;
contact the Company through the Customer Service to inform of the accident/damage/injury, providing all necessary information requested by the Company;
report the accident/damage/injury to the Police and/or other Public Safety Authority, regardless of whether they believe it was caused by their own conduct or that of a third party;
stay at the scene of the accident/damage/injury until:
it is ascertained that all persons involved did not suffer any injuries and, if so, until medical help has arrived;
the Police and/or other Public Safety Authority have arrived at the scene of the accident and drawn up a report;
the Scooter has been removed by the Company and/or has been safely parked or driven elsewhere;
the User has taken the personal details, vehicle number plates and other necessary contact details of all vehicles and persons involved, including witnesses, as well as a copy of the report drawn up by the authorities.
14.2. In the event that the User fails to carry out the obligations indicated in the preceding points, it shall be considered a material breach by the User and the Company shall be held harmless from all liability and shall be entitled to terminate the Contract, without prejudice to the possibility of claiming compensation from the User for all damages suffered as a result of the User’s failure to fulfil his/her obligations.
14.3. In the event of an accident, the Contract shall not be deemed terminated until the Scooter has been properly returned in accordance with these Terms and Conditions. Depending on the damage caused to the Scooter, the Company may charge the User for the cost of the Scooter, as set forth in the Tariff Plan on the App and the Site.
14.4. The User shall, to the extent permitted under applicable laws, compensate the Company for all direct damages suffered and related to the claim. The User shall indemnify and hold the Company harmless from any and all claims, demands, losses, liabilities and expenses (including reasonable legal fees) arising out of or in connection with the claim.
14.5. In the event of loss, theft, robbery or vandalism of a Scooter during a ride by the User, the User must report the incident to the police and to Customer Service and provide the Company with the relevant report or protocol number provided by the police when reporting the incident.
Article 15 – Termination of the Contract
15.1. The Contract shall automatically terminate in respect of each Rental when the User has returned the Scooter by completing all of the following:
terminate the Rental Period through the App;
make sure that the Scooter is locked;
park within the Active Area in a suitable public parking area in accordance with the Regulations;
comply with all provisions of these Terms and Conditions.
15.2. In order to terminate the Rental Period and the Contract, the User must not park the Scooter at the conclusion of the ride (a) in such a way as to obstruct pedestrians or vehicles, especially in areas where parking or stopping is prohibited, or (b) in places not accessible to the Company and/or other Users, or (c) anywhere outside the Active Area. If a Scooter is parked in violation of this section, any administrative fines, as well as the costs incurred by the Company for the recovery and/or removal of the Scooter shall be fully charged to the User. It is also expressly forbidden to park the Scooter next to traffic lights or traffic signs, parking ticket machines or parking meters, on pavements that are reduced to a width of less than 1.5 meters and in front of, or near, emergency exits or fire exits, as well as in any other place where stopping or parking is prohibited under the Regulations. The User shall reimburse the Company for any expenses, fines or other costs incurred in the event of a breach of this prohibition.
15.3. If due to poor or no connection of the Device the Rental Period cannot be terminated, the User shall park the Scooter elsewhere and repeat the operation. If the Contract cannot be terminated for technical reasons, the User is required to contact Customer Service immediately. If the User abandons the Scooter without having terminated the Contract or contacted Customer Service, the Contract shall continue and the User shall be charged the corresponding amounts under the Tariff Plan.
15.4. In the event of a dispute between the Company and the User regarding the condition of the Scooter, including any existing damage and defects and the assessment thereof, the Company may engage the services of a specialist company to determine the condition of the Scooter and any loss of value.
Article 16 – Economic conditions
16.1. The Service provides for the following pricing as specified in the Tariff Plan in the App for the location where the scooter is rented: Service start-up or unlock charge and “per minute” charge, calculated on the basis of the time of each individual Rental Period. Partially used minutes shall be considered rounded up to 60 (sixty) seconds starting from the thirty-first second. When you provide a payment method on your Account, our system will attempt to verify the payment information you entered. We do this by processing an authorization hold to ensure the Payment Card is valid and available for use on the Account. The Company may also offer subscription services or passes in the App which require recurring payments, which shall be subject to any additional terms specified in the App.
16.2. In the event that there are insufficient funds in the User’s Account for the Rental Period, the remaining balance will be charged as soon as the funds are added. The User will not be able to start a new Rental Period until sufficient funds are available in the Account.
16.3. If the User wishes to dispute the amount charged, he/she must contact Customer Service within 90 days of the charge being made by e-mail to: support@superpedestrian.com.
16.4. The User hereby authorises the Company to charge the amount due in relation to the Tariff Plan, or other Penalties, fines or fees as set forth in these Terms and Conditions, to the Payment Card associated with the Account.
Article 17 – Changes to the Terms and Conditions
17.1. The Company reserves the right to amend these Terms and Conditions as needed to address and reflect changes in the business, rider behaviour and use, safety concerns, and updates to Regulations or permit requirements. When we make material changes to the Terms and Conditions, we will communicate the update using a notification in the App.
17.2. In the event of a change to the Terms and Conditions, if the User does not agree to such change, the User shall immediately stop using the Services and terminate his/her Account. Entering into a new Contract with the Company constitutes User’s acceptance of the new Terms and Conditions.
Article 18 – Rights of withdrawal, suspension of service and termination
18.1. The User may withdraw from the Contract with the Company within 14 days from its conclusion by sending an e-mail, or the withdrawal form at the end of this document, to support@superpedestrian.com, or by contacting Customer Service through the App, unless the User has started using the Service, and thus agreed to waive its right of withdrawal. Exercising the right of withdrawal will allow for a refund of any paid credit available on the Account at the time the withdrawal becomes effective. The User acknowledges and accepts that if User has started using the Service and used credits, such use entails a waiver of the right of withdrawal for the Services enjoyed. In case the User withdraws or cancels the Contract after using the Services, any fees paid by User or credits will not be refunded.
18.2. The Company may terminate the User’s Account by giving written notice to the User by text, e-mail or notification within the App with fifteen (15) days’ notice.
18.3. If the Company detects any violation of these Terms and Conditions or the Regulations, the Company may suspend or terminate the User’s Account immediately and without prior notice by sending a text, e-mail or notification within the App to the User. Examples of such violations may include, but are not limited to:
non-payment and/or late payment of the amounts due under the Tariff Plan or these Terms and Conditions;
inaccuracy or unreliability of the information provided to the Company through the App during registration or subsequently, including creation of multiple accounts by one person in order to abuse promotional codes, credits or other discounts, or otherwise evade these Terms and Conditions ;
in the event of failure to return a Scooter or in the event of riding by a person other than the User;
facilitation or negligent or willful commission by the User of a theft, robbery or vandalism of one or more Scooters;
if the User incurs multiple penalties for violations of the Regulations;
if the User, through his/her own negligence and fault, has caused an accident with pedestrians or vehicles or the failure of the Scooter.
18.4. In the event of termination of the Contract for violation of these Terms and Conditions, including any of the above reasons, the Company reserves the right to charge the relevant Penalties to the User’s Account in accordance with the Tariff Plan in force at the time of termination, without prejudice to the right to seek compensation for any greater damages.
Article 19 – Compulsory information provided by the User
19.1. To create and maintain an Account, the User shall provide through the App and keep current the mobile telephone number of the Device used with the Account and a valid form of payment for use on the Account. User may update any information provided on the Account using the App, and the Company may suspend or terminate the Account if the information is not up to date and accurate.
19.2. The Company undertakes to comply with the European regulation on data protection (Regulation (EU) no. 679/2016 “GDPR”), in accordance with its Privacy Policy.
Article 20 – General clauses, legislation and competent court
20.1. The Contract is governed by the substantive law of Spain.
20.2. The Courts of Madrid shall have jurisdiction over any dispute arising from, connected with or resulting from the Contract, unless the User qualifies as a consumer residing within any of the EU member states in which case the court of the place of residence of the consumer, shall have jurisdiction.
20.3. Pursuant to Article 14.1 of Regulation (EU) no. 524/2013, the User is informed of the existence of the European Union’s online dispute resolution platform, accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT.
Article 21 – Communications between the Company and the User
21.1. Any communication for the purposes of the Contract shall be made to the following addresses:
for the Company: Superpedestrian Spain S.L., C Balmes, Num. 76 / Planta Pra Puerta 1ª / 08007 Barcelona / Spain and by e-mail to support@superpedestrian.com
for the User: the contact details associated with the Account.
Article 22 – Miscellaneous
22.1. If the Company fails to enforce its rights and entitlements under this Contract, such conduct shall not in any event be construed as a waiver thereof, nor shall it prevent the Company from requiring full, timely and strict performance of the Contract at a later date.
22.2. If any provision of the Terms and Conditions is or becomes invalid or unenforceable, including as a result of amendments to the current Regulations, this will not affect the validity of the Contract. If any provision is unlawful, invalid or unenforceable, the parties shall replace it with a legal, valid and enforceable provision having, to the extent possible, a similar effect.
22.3. The Company may assign or transfer these Terms and Conditions in whole or in part, or its rights and obligations arising out of them to: a subsidiary, parent or associated company; a purchaser of the share capital, business or assets; or a successor by way of merger or other business combination.
Article 23 – Specific approval of the Terms and Conditions
23.1. The User, having read the Terms and Conditions governing the contractual relationship, as well as the Tariff Plan, declares that he/she has understood and fully accepts and specifically approves the clauses set out in Articles: 3 (Requirements for using the service), 4 (Procedure for registration of the User on the App and conclusion of the Contract),5 (Identification system), 7 (Availability of the Service), 9 (Preliminary inspection of Scooters), 10 (Use of the Scooter), 12 (Liability of the Company), 14 (Obligations in the event of accident, damage, defect or theft), 15 (Termination of the Contract), 17 (Changes to the Terms and Conditions), 18 (Rights of withdrawal, suspension of service and termination of the Contract), 20 (General clauses, legislation and competent court), 22 (Miscellaneous).
Modelo de formulario de desistimiento
– A la atención de: “Atención al Cliente – Desistimientos” Superpedestrian Spain S.L., C Balmes, Num. 76 / Planta Pra Puerta 1ª / 08007 Barcelona. Correo-e support@superpedestrian.com
– Por la presente le comunico que desisto de mi contrato de prestación del siguiente servicio: [* description of the service involved]
– Pedido el/recibido el: [*date of purchase or date of receipt]
– Nombre(s) del consumidor(es) y usuario(s): [*consumer’s full name]
– Domicilio del consumidor(es) y usuario(s) : [*consumer’s domicile]
– Firma del consumidor y usuario (o de los consumidores y usuarios):