Terms and Conditions of Service SPAIN

Country

Language

‍

General terms and conditions of contracting the vehicle rental service for shared use provided by Reby Rides, S.L.

Last update: 18 October 2022

Reby Rides, S.L. (“REBY”) has a computer application that allows the reservation service and Shared Leasing per minute of own and third-party Vehicles, within the Service Zone established in each city in which it operates. The Service is subject to the availability of the Vehicles and to the prior subscription of the User, by registering in the REBY App.

To proceed with the registration, the User has accepted the application of these Terms and Conditions and their annexes to the Leasing Service and the services associated with it and agrees that they are mandatory.

1. DEFINITIONS

"Annexes": refers to the documents that are incorporated into these Terms and Conditions, including the Service Pricing Policy and the Withdrawal Form.
“App/Application”: refers to the computer application designed by REBY to be executed on smartphones, both for iOS and Android systems, to allow the User to register and access the Available Vehicle Rental Service.
"Lease": It consists of the use, in the mode shared by minutes, of the Service offered by the Application through own and third-party Vehicles made available to the User. The Shared Lease is understood to be concluded when the user starts the Service with one of the available Vehicles, in each case being an individual Lease.
"Password": refers to the password to access the User's profile in the Application, created individually to use the Vehicle Rental Service.
"Applicable regulations": refers to the entire legal system (codes, laws, regulations, decrees, agreements, circulars, general provisions), and in general, to any legal regulations that are applicable in the territory in which the Service is developed.
“Operator” or “REBY”: It refers to Reby Rides S.L. with a registered office at Avenida Josep Tarradellas 123, 6th Floor and NIF number B-67301473, registered in the Mercantile Registry of Barcelona, volume 46,605, folio 174, page B-525256.
"Passenger": refers to the natural person who is transported in the Vehicle by a User, without being a User of the Service.
“Penalties”: refers to the economic sanctions applicable to Users for carrying out an infraction of the Applicable Regulations in the specific territory in which the Service is developed.
"Pricing policy": refers to the breakdown of prices and rates offered in the Application and that have been established for the use of the Shared Vehicle Rental Service by the User in each city and for each Vehicle. It is understood that the User accepts the Price Policy in force at any time when requesting the reservation of a Vehicle.
“Service or Services”: represents: (i) the Leasing of Own Vehicles; (ii) the mobility aggregation service described in section 3.3 of the Terms and Conditions; and (iii) any other services; all of which is provided by REBY or by a Third Party Operator, to the User, through the Application. The Service is subject to the availability and subscription by the User of these Terms and Conditions.
"Website": refers to the Operator's website, which is available to the User at the following URL address: https://www.reby.co/
Third Operator” or “Third Operators”: refers to third-party companies that, having signed a contract with REBY, provide the Service to the User through the Application.
"Terms and Conditions": refers to the present document, as well as its possible modifications and Annexes.
"Territory": refers to the city, town, municipality or urban centre in which the Application is available, delimiting in each specific case a specific Service Area.
“Token”: Unique numerical code made up of digits that replaces the data of the credit/debit/prepaid card during a transaction. This code is generated by a Payment Service Provider contracted by REBY and/or the Third Party Operators.
“Ride”: refers to the transfer made by a User who uses the Service, from the location where the Vehicle is reserved to the point where it is parked to end its use.
“User” or “You”: refers to any natural person who registers and uses one or more of the Services through the Application.
"Vehicle”: refers to all means of transport, including VMPs, electric bicycles, electric motorcycles and other duly authorized electric Vehicles made available to the User within the framework of the provision of Rental Services, whether owned by REBY or a Third Party Operator.
"Service zone": means the area in which the Vehicles are available for your shared Rental, both to start and end the Service. The User can consult the Service Area at any time through the Application.

2. OBJECT

These Terms and Conditions, together with the Legal Notice and the Privacy Policy, regulate the access and use of the REBY computer application as well as its Website, which offers the Services to Users, in those cities where they are available. Users who reside or are domiciled outside of Spain who decide to access and/or use the Services will do so at their own risk and responsibility and must ensure that such access and/or use complies with applicable local legislation.

By accessing and registering on the App/Website to use the Services, the User acknowledges that they have read and accepted the Terms and Conditions and undertakes to comply with them. Likewise, the User acknowledges and accepts that the access and use of this App, the Services and/or Website will be subject to the Terms and Conditions that are in force at the time they access it. REBY reserves the right to modify these Terms and Conditions at any time, as well as other general or particular conditions that may be applicable. Likewise, REBY reserves the right to suspend, interrupt or stop operating the Services, App and/or the Website at any time.‍

3. ACCESS TO THE SERVICE

3.1. User Registration

In order to access the Service and participate in the promotions carried out by REBY, the User must be a natural person aged 18 or over, with sufficient capacity to carry out an adequate use of the Service. Exceptionally, minors are only allowed to drive in those cities, vehicles and conditions expressly established in this document. (See “ANNEX 2: APPLICABLE REGULATIONS BY TERRITORY”, to see the cities in which, exceptionally, minors are allowed to drive, what vehicles and under what circumstances). In the case of minors, the responsibility will be borne by their parents, representatives or legal guardians.

The registration process of a new User consists of the installation of our Application (available on iOS and Android) and registration, creating for this purpose an account and an access password for each User. The User acknowledges and accepts that the access and use of the App and/or Website takes place freely and consciously. The User must add the required personal information (name, surname, ID or passport number, email address, mobile phone number and age) with valid, current and truthful data, and keep them updated at all times. REBY may check the validity of the documents provided by its users and, if it detects outdated data (ID card, passport, driving licence...), it will proceed to delete them from the account and request the updated data again.

In order to access the Motorcycle Rental Service, the User must include their valid Driving Licence for vehicles equivalent to 50 cc. in Spanish territory and their National Identity Card (or Passport), both in force, and it is the User's obligation to keep them up to date. In the event of detecting documents that are not in force, REBY will proceed to remove them and request them again from the User. The Driving Licence may not be a provisional driving licence. You will also be asked to verify the documentation during Registration. The User undertakes to notify any change, suspension, revocation or expiry of the documentation provided, being directly and exclusively responsible for any damages that may be caused by the lack of such prior notification to REBY, its subsidiaries or associated companies, to the Third Party Operators that use the Application to provide the Service, as well as to third parties.

To successfully complete the registration process for the Service, the User will receive an SMS with a code to validate the phone number. At that time, the User will be required to read and accept the Terms and Conditions of the Application, which are made up of the Legal Notice and the Privacy Policy, by checking the box "I accept the terms and conditions of REBY".

3.2. Vehicle Use

Once registration is complete, the Application will request that the User accept access to the geolocation of their mobile device to display the REBY Vehicles that are available for reservation. The location information will only be accessible by REBY while the App is being used. This permission is essential for the provision of the Service offered. If the User does not agree, he should not continue in the registration process.

The User agrees to make appropriate and lawful use of the Vehicles and, in general, of the Services, the App and/or the Website. Likewise, it is obliged to comply with the traffic and circulation regulations applicable at all times, as well as the commitments to return the scooter, bicycle or moped by the User. Acceptance of these Terms and Conditions by the User is a prerequisite for the provision and use of the Services. For this reason, it is important that the User read and understand each of the clauses of these Terms and Conditions.

REBY will not be in any way responsible for the use that the User and/or third parties may make of the Services of the App and/or Website, nor for the damages that may arise from it.

Finally, the User will have access to an informative presentation of the Service and the necessary security conditions, which will remain accessible at all times in the Application.

3.3. Mobility Aggregation Service

Within the Services offered by the Application to Users and, in order to provide the User with a more complete user experience, they may access, through the use of the App, mobility aggregation services, through which they may also access Vehicles of a Third Operator. These Third Party Operator vehicles will be available on the Application simultaneously with the REBY Vehicles, by virtue of the agreements reached between these Third Party Operators and REBY. (“Mobility Aggregation Service”).

REBY provides the aggregation service and is solely responsible for its operation. REBY will in no case be responsible for the operation, maintenance of the mobility services and/or the management of the contractual relationship of the Third-Party Operators, making the payments in the terms described in section 8. In the event of an accident, unavailability of its Vehicles, breakdown of the same, undue payments or claims of any kind in relation to the mobility service provided by the Third-Party Operators, the Users must go directly to the Third-Party Operators.

Both the Third-Party Operators and the Users guarantee to keep REBY harmless for any type of failure, breakdown, non-compliance, improper payments resulting from the use of the mobility service of the Third-Party Operators.

4. CONDITIONS OF USE OF THE SERVICE

Before starting to use the Vehicle, the User undertakes to carry out a basic safety check of the Vehicle, including an inspection of the wheels, brakes, lights, structure, battery level, damage control with the naked eye or any deterioration outside of the usual of any kind. If the User detects that the Vehicle or any of its accessories is not in good condition or does not work properly, they must not use them and must immediately notify REBY through the enabled channels. If the User does not notify REBY of the existence of damage before using the Vehicle, he may be responsible for the cost of its repair, even if he did not cause it.

In the event that, through no fault of the User, the Vehicle does not work properly and cannot be returned to an authorized area, the User must park it without causing a serious obstruction of circulation or use of public roads and immediately notify the REBY team. for its removal.

REBY will not be liable for any loss, theft or damage to any property stored in or on the Vehicle, including the User's mobile phone.

The User is solely responsible for determining what their general abilities are and if there are conditions that may affect the use of the Service, such as their state of health, adverse weather conditions, and/or other factors that may pose a risk when using the Vehicle. In this sense, the User must adjust his behaviour, as well as his speed, or even interrupt the journey and park the Vehicle immediately if he considers that he is not in a position to guarantee its safe use.

4.1. Start Shared Leasing Service

In order to use the Service, the User will have a map where they can view the closest Vehicles available for use. By these Terms and Conditions, the User agrees to use and return the Vehicles within the Service Area and accepts that the Service Area is subject to change. Once the Vehicle has been located, the User will only have to unlock it by scanning the QR code located on it with their mobile phone, the Leasing being considered to have commenced from that moment on.

From the moment you unlock the Vehicle, it and all its accessories become your responsibility.

In the case of the Motorcycle Rental Service, the User must:

Open the trunk of the Vehicle by pressing the corresponding button in the Application and the button in the compartment, to take the helmet. Each motorcycle will have two helmets, which must be used by the User and the Passenger, when there is one.
Take the Vehicle out of the parking space by lowering the stand and start it.

During the Journey, the User must respect at all times the state and local legal provisions regarding traffic, circulation and road safety in force in the place where the Service is developed and specifically, the Law on Traffic, Circulation of Vehicles to Motor and Road Safety, the General Circulation Regulations and the municipal parking ordinances, as well as the rules established in sections 5 and 6 of these Terms and Conditions.

4.1. Termination of Shared Lease of a Vehicle

When the User has arrived at his destination and wishes to end the Service, he must park the Vehicle correctly, in the designated areas marked on the Application. Disabled zones are marked in red. The User must bear in mind that parking in a place that is not permitted is an infringement of the Applicable Regulations and may also entail an administrative sanction.

If for any reason the User parks the Vehicle in an area that is not permitted, REBY will issue a notice to inform them that they are not making correct use of our Service and that they are not complying with the Applicable Regulations. Likewise, REBY will inform the User that, in the event of a recurrence, a penalty of FIFTY EUROS (€50) will be applied as a sanction for incorrect parking. In the event that the User parks in a place not allowed for the second time, the charge will be applied directly from his bank account. For this, you will be notified in advance by means of a notice in the Application and the email provided.

Once the User has parked in one of the authorized areas, they must leave the Vehicle well positioned, in accordance with the Applicable Regulations in each territory. To end the motorcycle rental service, the user must raise the stand and store the helmets in the trunk. If REBY verifies that one or both helmets are missing, as well as the manipulation of the trunk closure and the rest of the elements of the motorcycle, it may impose a penalty on the User according to the damage caused.

It is essential that the User locks the Vehicle correctly and clicks on the "Finish Journey" button. At that time, the Application will require the User to take a photograph to confirm that parking has occurred correctly, constituting a means of proof. REBY informs the user that, in the event that the photographs sent by the user at the end of the journey are not taken correctly and, therefore, do not allow verification that the vehicle has been parked and anchored correctly, a penalty of FIFTY EUROS (€50).

In the event that the User abandons the Vehicle without completing the Rental Service following the steps indicated, the time of the Service will continue to elapse, and the User may be penalized for abandoning the Vehicle without completing the trip.

Any sanction, fine, damage or loss caused by the completion of the journey in breach of the provisions of these Terms and Conditions may lead REBY to impose a penalty on the User for the damages caused.

We want to inform you that there are many Vehicles available in REBY. However, their availability may differ between the different Service Areas, or may be temporarily affected due to conditions beyond REBY (weather conditions, works, civil conflicts, variation in demand or by internal decision of REBY). The use of the Vehicles by the Users will be assigned in order of arrival. REBY does not guarantee the availability or functionality of the Vehicles.

5. SANCTIONS, FINES AND ADMINISTRATIVE INFRACTIONS

The User is solely responsible for compliance with the current Applicable Regulations (including the rules contemplated in Annex 2 of the Terms and Conditions) and, therefore, will be liable, among other infractions, for penalties for incorrect parking or traffic fines. imposed while you are using the Vehicle Rental Service through the Application and until it is unlocked by another User, or removed from public roads by the REBY team.

In the event that REBY is notified of any complaint and/or sanction related to the use of the scooter during the time of use, it reserves the right to identify the Users who have committed the infraction before the Public Administration. Likewise, REBY will inform the User as soon as possible and may claim from the User the expenses derived from the infractions committed.

The User is responsible for checking that there are no permanent or temporary prohibitions on public roads, such as, for example, works, markets, street washing, tree felling or moving in the place where he wishes to park the Vehicle. In the event that there are such prohibitions, the User will not be able to terminate the Service in said areas during the seven (7) days prior to and while the prohibition lasts. For example, in the event that the parking ban begins on Monday at 9 in the morning, the User will not be able to end the Service in the mentioned area from the previous Monday at 9 in the morning.

If the User is sanctioned by the competent authorities and is aware of it, they must, in any case, take charge of the amount and immediately inform REBY through the authorized channels.

It is forbidden to park in loading and unloading areas and, in a general way, in any area with a time limit, so the User who completes his Journey in those areas will be liable for the administrative sanction incurred.

If the Vehicle is removed by the municipal tow truck, during the Service or after the User has finished the Service in a prohibited parking area, REBY may charge against the User all the derived costs, as well as the administrative sanctions that occur, as specified in Annex 3.

5.1. Obligation of identification of the driver of thevehicle

In accordance with the provisions of article 11 of Royal Legislative Decree 6/2015, of 30 October, which approves the revised text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety, REBY is obliged to identify the driver of the vehicle to the competent Administration at the time of committingan offence.

In order to be able to make this identification to the Administration, it will be necessary for REBY Users, especially those not resident in Spain, to have indicated a valid address during their registration process.

In the event that a User not resident in Spain has not properly completed their address, REBY will proceed to pay the infraction with a reduction of the fine and will proceed to charge the amount of the fine plus the appropriate administration costs (Annex 3), for not being able to properly identify the driver of the vehicle to the Administration.

By accepting REBY's Terms and Conditions, Users accept that, in the event of not indicating a valid address in Spanish territory, REBY will not be able to identify the owner of the vehicle before the Administration, and therefore the Administration will not be able to contact the User for the formulation of allegations. In this case, the User accepts that REBY will proceed to the payment of the infringement with a reduction of the fine.

6. ACCIDENTS AND INSURANCE

All Vehicles available in the Application have Civil Liability and External Damage insurance, in accordance with current legislation.

The Insurance will not be responsible for the damages that the User may cause due to misuse of the Services, so the User will have to bear the costs of repairing the Vehicles that have been damaged and/or disabled during the Service and/or its accessories, as long as it is at fault for the accident. The Insurance does not cover the robbery or theft of personal objects that the User leaves inside or on the Vehicles available in the Application.

The Insurance will not cover personal or third-party damages and losses that occur as a result of poor driving by the User caused by lack of respect for traffic, circulation and road safety regulations. Nor will it cover damages caused when the Vehicle is driven by a third party other than the User registered in the Reby Application.

In the event of an accident, the User must notify the competent authority of the scene so that it can take part in the circumstances of the event. Subsequently, you must send the corresponding accident report to REBY, as soon as possible and within a maximum period of 24 hours from the moment in which the alleged event occurs, except when it is impossible due to force majeure.

REBY Insurance will provide coverage in the event that there was no fault on the part of the User.

If REBY receives a claim for damages as a result of an accident, without having received the corresponding notification and documentation from the User who was in charge of the Vehicle at the time of said accident, it reserves the right to claim the corresponding costs.

7. DAMAGES, THEFT AND DEPOSIT

The User will be responsible for the damages attributable to him during the use of the Services in case of non-compliance or irregular fulfilment of the obligations indicated in these Terms and Conditions and, in particular, in the case of lack of diligence, negligence and bad practice. . In addition, the User must inform REBY of any incident related to the Services through the contact channels provided and will be obliged to pay REBY for the damage caused to the Vehicles.

If during the provision of a Service, the scooter or its accessories have been stolen or vandalized by a third party, the User must contact REBY reporting the incident, as well as report it to the competent authorities by sending a copy of the complaint to REBY within 24 hours of reporting the incident to authorities.

In the event of theft, loss, theft, loss or abandonment of the scooters by the User, the User will be obliged to pay REBY the value of the stolen material.

8. TERMS OF PAYMENT AND BILLING

The rates applicable to the Services will be charged by REBY automatically once the Trip is completed through the available balance in the User's account.

The Rates for the use of the Service for each Vehicle are specified in Annex 1 "Pricing Policy" and will be available at all times in the Application and/or Website, and may be modified at any time by REBY. The User may consult the rate and promotions applicable at any time in the Application and/or Website.

In order to use the Service, the User must enter their credit card number or choose to scan it. Once such data has been entered, the User may add credit to their account by choosing between different possibilities: 5, 10 or 20 euros (recharge process or "top up"). At that time, the User will be redirected to a secure payment platform to complete the recharge. Once the Service has been provided, its cost will be transferred back to REBY for collection management, thus leaving said amount available to the User.

The User can use American Express, Maestro, Visa, Discover or Mastercard credit or debit cards. Likewise, all the prices and values indicated in the App will be reflected in EUROS, including the VAT applicable to the Service at all times.

To offer the User a more secure payment experience, REBY uses a payment method based on tokenization, a process carried out by a Payment Service Provider contracted by REBY and/or Third-Party Operators, in such a way that they do not have any moment the data of the bank card of the Users, but only a Token generated by said Payment Service Provider. In this way, and for clarification purposes, REBY does not save the Users' bank card data at any time, but only the Token provided by the Payment Service Provider. By using this method, various User payment data are replaced by random values, providing greater security to transactions through the Application.

In the event that the User chooses to contract a Mobility Service from a Third Operator through the REBY Mobility Aggregation Service, the User will be referred the first time to said Third Operator in order to approve its legal texts and become its client. The User is given the opportunity to allow the communication of their REBY data to the Third Operator to facilitate the validation process. Once the User has registered with the Third Operator, they will be able to hire the Vehicle they want through REBY. In this case, as stated in section 3.3, REBY will only provide the aggregation service, not being responsible in any case for the mobility service provided by the Third Operator.

In such circumstances, that is, when a User hires a Vehicle from a Third Operator through the REBY Mobility Aggregation Service, REBY will act as payment agent for the amount that the User must pay to the Third Operator, managing the collection of the Service directly with the User, on behalf of the Third Operator, who will pay the corresponding amount.

However, in the cases in which the User prefers to manage the reservation of the Vehicle in the application of a Third Operator, the billing will be carried out directly by the Third Operator, through the Payment Service Provider contracted by the same for these purposes, without the need to rely on the intermediation of REBY in its capacity as collection agent.

REBY, for security reasons, will have the power to block, cancel or annul any payment method when there are reasonable suspicions of improper or fraudulent use of the same, reserving the right to communicate such actions to the State Security Forces and Bodies and claim, in the cases in which it proceeds, the damages that have been caused.

In the event that the User uses more credit than he has available in his account, REBY will charge the surplus through the Token, requiring the Payment Service Provider to make a transfer for the corresponding amount. The User expressly accepts the realization of said charges by REBY, through the Token and the Payment Service Provider.

In the event that the User unsubscribes from the service, REBY will not return the remaining credits in his account. Likewise, and in relation to those balance top-ups made by Users with more than 12 months of seniority, REBY reserves the right to consider them expired, requiring new top-ups to be able to use the Services.

When appropriate, and at the sole discretion of REBY, the User will be required to pay a refundable deposit to cover possible damages caused during the use of the Service. Within 60 days following cancellation, for any reason, the deposit will be refunded to the User and the eventual amounts allocated to the reconditioning of the Vehicle will be deducted, as well as for the payment of any type of compensation derived from misuse of the Vehicle by part of the User.

In the event that the deposit provided by the User is insufficient to cover the expenses incurred, the User will be responsible for paying REBY the outstanding amounts. The User expressly authorizes REBY to make such charges through the Token, requiring the Payment Service Provider to make a transfer for the corresponding amount.

In case of discrepancy by the User regarding any amount charged to their card, they must notify REBY in writing within thirty (30) days following said charge. After this period, it will be understood that the User agrees with the charge made and that he waives any claim.

8.1. Credit Card Pre-Authorization

The first time the User makes a trip with any vehicle through the REBY application, a small amount (5 euros) will be temporarily "frozen" in the User's bank account to verify that the card used has sufficient funds. Once the funds in the bank account have been verified, the amounts will be refunded. Only when the journey is completed will the User's account be debited with the amount owed for the journey made.

9. DATA PROTECTION

The personal data that the User provides during their registration to use the REBY mobility service will be processed and stored by REBY, as the data controller. For more information, the User can consult the Privacy Policy published on the REBY Website. In relation to the personal data of the User who accesses and uses the Vehicles made available to them through the Mobility Aggregation Service by the Third Operator, REBY only acts as the person in charge of the treatment and the User must access the policies of privacy of the Third Operator to obtain more information about the treatment of your personal data.

10. DURATION OF THE CONTRACT AND WITHDRAWAL OF THE USER

The contractual relationship between REBY and the User has an indefinite duration from the moment in which the User accepts the conditions to register in the Application.

The User may unsubscribe at any time through the User Service, provided that he/she is up to date with payments that may arise from the use of our services and there are no incidents or claims open through his/her user account.

Once the User has unsubscribed, he will no longer be considered as such and his access to the Service will be deactivated, rendering the contractual relationship null and void except in relation to the Clauses that have effect even after the termination of the contract.

REBY, at its sole discretion, may cancel the account of any User, without prior notice, when the provisions contained in these Terms and Conditions are breached. By way of example and not limitation, REBY may terminate or suspend the validity of the contractual relationship, and proceed to cancel the User's account, in the cases indicated below:

a) Failure to pay any outstanding amount, such as credits, fines, towing fees, compensation, repairs, etc. by the User;

b) Repeated attitude of non-respect for traffic regulations and/or non-respect for the regulations described in these Terms and Conditions;

c) The User does not meet the requirements for contracting and using the service (minimum age, valid driving licenses, etc.)

d) The use of false documentation or of another person during the registration of the User.

e) Make multiple reservations of one or more Vehicles without actually initiating the Lease.

f) The lack of payment of the possible penalties that REBY applies to the User.

g) Park the Vehicle outside the Service Area or in breach of these Terms and Conditions.

h) Make improper or fraudulent use of the REBY Application.

i) Undermine the intellectual property rights and image of REBY.

In case of cancellation of the account, the User agrees to immediately return the Vehicle with all its accessories to REBY, as well as to settle all amounts pending payment. In this sense, the User authorizes REBY so that it can charge the amounts due to the credit or debit card registered in the Application.

11. LIABILITY OF REBY

With the exception of cases of intent or gross negligence on the part of REBY or a Third Party Operator, and to the extent permitted by law, they will not be responsible for direct or indirect damages of any nature that the User or a third party may suffer in any way for the Service, or changes in procedures, schedules and conditions and any other cause attributable to both the Company and its suppliers or third parties in general.

The User excludes REBY and/or any Third Operator from any responsibility for the total or partial breach of the obligations contained herein due to force majeure, pandemics or epidemics, including, but not limited to: actions of the public administration, the actions of the authorities, legal restrictions, fires, floods, explosions, demonstrations, riots, strikes, labour disputes, lack of raw materials, power failures, interruption of communications or others.

REBY reserves the right to modify, permanently or temporarily, the Service Areas, based on the reasons mentioned in the previous point.

REBY will not be responsible for infections or damages derived from possible diseases, whatever their transmission, origin, and characteristics. The User knows and accepts the risks inherent in the Service being of a shared nature and, therefore, the Vehicle may have been previously used by other Users.

REBY will not be responsible for damages arising from the lack of availability or accessibility to the Application or the website; the interruption in the operation of the application or computer failures, disconnection, blockages, delays or drops due to overload in the networks or data centre; as well as any other damage caused by third parties. In the same way, it will not be responsible for the damages caused by computer viruses or elements outside the application or website, introduced by third parties that may cause alterations in the systems, electronic documents or files stored in the devices.

12. RIGHT OF WITHDRAWAL

The User has the right to withdraw from the contract within fourteen (14) calendar days from the date of subscription, provided that they have not used the Vehicle Rental Service. After the period of fourteen (14) calendar days, the User may unsubscribe from the Service, but will have lost the right to withdraw from the contract, as well as to receive a refund of the credits in their account.

To exercise the right of withdrawal, the User must notify REBY of their decision to unsubscribe through an unequivocal statement (for example, a letter sent by post, fax or email). The User may use the withdrawal form model that appears in Annex 4 of these Terms and Conditions.

Once the right of withdrawal has been exercised, REBY will have a maximum period of fourteen (14) calendar days from the withdrawal to return to the User all the credits deposited in their User account. The refund will be made through the payment method used in the purchase.

12.1. Right of withdrawal from the purchase of plans andtop-ups

The User has the right to withdraw from the purchase of a plan or top-up within fourteen (14) calendar days from the date of subscription, provided that the User has not made use of them. Once the period of fourteen (14) calendar days has elapsed, the User will have lost the right to cancel the plan or top-up, as well as to receive a refund of the credits in his/her account.

In order to exercise the right of withdrawal, the User must notify REBY of his/her decision to unsubscribe by means of an unequivocal statement (e-mail). The User may use the model withdrawal form set out in Annex 4 of these Terms and Conditions.

Once the right of withdrawal has been exercised, REBY shall have a maximum period offourteen (14) calendar days from the date of withdrawal to reimburse the User for all credits deposited in his/her User account. The refund will be made through the means of payment used for the purchase.

13. INDUSTRIAL AND INTELLECTUAL PROPERTY

The use by the User of the Service, the Website or the Application does not grant any right over the industrial and intellectual property rights of the Operator or of any third party, obliging the User to respect each and every one of the industrial property rights and intellectual property, including trademarks, logos, domain names, texts, images, graphics, designs, sounds, databases, software, flowcharts or any other industrial or intellectual property rights owned by REBY.

The User is prohibited from carrying out any act of reproduction, distribution, public communication or other forms of making available, transformation and, in general, any other form of exploitation of any content, information or material that the User can access. through the Service, the Website or the Application, either in whole or in part, unless expressly authorized in writing by the owner of said elements.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

The User may not transfer their rights and obligations resulting from these Terms and Conditions without the prior written consent of REBY.

REBY may transfer, without the need to obtain the prior consent of the User, these Terms and Conditions to any entity included within its group of companies or Collaborating Companies, throughout the world, as well as to any person or entity that succeeds it in the exercise of its business by any titles.

15. CONTRACT INFORMATION

REBY reserves the right to file the electronic document of acceptance of these Terms of Service, which will be formalised as a contract. The User may request a copy by contacting REBY through the channels provided for communication.

16. MODIFICATIONS

REBY reserves the right to make changes to these Terms and Conditions, Annexes and Privacy Policy at any time. Users may consult the aforementioned modifications through the Website.

Any change will be considered accepted by the client if the client does not oppose them in writing within six (6) weeks from their notification or publication.

17. CUSTOMER SERVICE

For any question, incident, complains, claim, suggestion, or request for complaint forms about the service or these Terms and Conditions, the User may contact REBY through the communication channels specified on the Website/App and in particular:

The chat that we have available in the App, in the "Help" section and by clicking on "Talk to us", which is available 24 hours a day.
Through the mail: support@reby.co
Through our phone available 24h: +34 932 71 21 17

18. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions, as well as the relationship between REBY and the User, will be governed and interpreted in accordance with current Spanish legislation. The parties agree to submit to the jurisdiction of the courts and tribunals of the place of performance of the obligation for the resolution of any controversy related to these Terms and Conditions or the use thereof.

Likewise, Users in their capacity as consumers can contact REBY through the European platform for online dispute resolution (RLL), in order to send their claim to a dispute resolution body, through the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES