LOVESHARING MOTOS TERMS AND CONDITIONS

Lovesharing motos terms and conditions

Becarflex offers its users the service of reserving and shared renting by minutes of scooters (motosharing), within the service area, subject to the availability of the scooters and the subscription by the user of the relevant hiring of the particular scooter, in accordance with the provisions of these terms and conditions intended to favour the user's experience, in the field of mobility (the “service”).

In the use of the application and/or service, the user is bound by these terms and conditions.

1. DEFINITIONS

1.1 "Annexes" are the series of documents included in these Terms And Conditions, including the Service Price Policy, Conditions of the insurance and Withdrawal form.

1.2 "Application" is a smartphone application, available for iOS and Android systems, to register as a User and accept these Terms And Conditions and as the method of access for the reservation and hiring of Scooters.

1.3 "Hiring" or "use" means every one of the uses of the Scooter Service that the User carries out through the Application. Each use involves an individual hiring between the parties.  The hiring will include the particular and specific conditions of each use of the Scooter, including the identification of the hired Scooter, the Hire period and the applicable Price Policy; which will be shown in the Application at the end of each Hire.  In particular, the Hiring will be understood to have taken place when the user starts the Scooter.

1.4 "Password” means the password needed for individual access and use of the Service by the User.  This password will have at least 6 alphanumeric characters and must contain at least one number and one letter.

Entering an incorrect password during 5 attempts will result in the user’s account being blocked.

1.5 "Scooter" is the electric scooter subject to the hiring.

1.6 "Passenger" is any physical person who, without having Hired a Scooter with the Company and regardless of their status or not as a User of the Service, is transported on said Scooter by a User who has formalised the Hiring of it.

1.7 "Price Policy" means the Company’s price and rate policy for the use of the Service and which is applicable at all times.  In particular, the current Price Policy at any time is understood to have been accepted by the User when they request the reservation of a Scooter.

1.8 "Service" means the BECARFLEX service of reservation and shared Hiring by minutes of the Scooters (motosharing), within the Service Area defined by the Company, subject to availability and subscription by the User, in accordance with the provisions of these Terms And Conditions, as well as services associated with said Hiring.

1.9 "User Service Desk” means the User telephone or telematic service desk.

1.10 "Website" refers to the Company website, accessible at: www.lovesharing.com

1.11 "Company" is the BECARFLEX company, of Spanish nationality, with the address for these purposes at Avda. Pintor Felo Monzón, 34-BAJO 35019-Las Palmas de G.C., with C.I.F (Tax ID) B76300359, Service provider.

1.12 "Terms And Conditions" means this document and the modifications that are made to it at any time.

1.13 "User" is any physical person who registers and uses the Application and/or Service, in accordance with the provisions of the Terms And Conditions.

1.14 "Service Area” is the area within one or various municipalities, inside whose limits the Service may be started and ended and, as necessary, the Hiring of the Scooters.  The Service Areas may be checked, in their current status, on the Website and the Application and will be defined in the relevant annex along with the price policy.

2. OBJECTIVE

2.1 The objective of these Terms and Conditions is to regulate the use of the Service and the Application by the Users, as well as the reservation process of the Scooters.

2.2 The use of the Application and/or the Service assigns the condition of User and involves the full acceptance of each and every one of the regulations and policies published by the Company, including the conditions of this document, the terms of the relevant Hirings and the Price Policy of the Service, its acceptance being an essential requirement for the provision and use of the Service.

2.3 The user must at all times respect the applicable road traffic regulations and fulfil the commitments of reservation, use and return of the Scooter according to these Terms And Conditions. Consequently, the User understands and is aware of the inherent risks of driving that they are exposed to during the hiring of the Scooter and assumes responsibility for them.

2.4 The Company expressly reserves the right to introduce the changes it deems appropriate in the Terms And Conditions and in the Price Policy.

The changes carried out will be announced to the User via email and/or their publication on the Website and on the Application.  The changes will be considered as adopted if the User does not oppose them within a maximum time period of (1) month from the announcement of the corresponding change.  The Company may also require the User to expressly accept the new Terms And Conditions and/or the Price Policy in the use of the Service.

2.5 The act of a new hiring or use once the changes have been communicated will mean the implicit acceptance of them in relation to this specific use. In the event of opposing any of the changes, the User must stop their use of the Service and the relevant contract will be terminated.

3. USER REGISTRATION

3.1 The use of the Service is dependent on prior registration by the User on the platform, as well as the acceptance of these Terms And Conditions and the submission of the relevant documentation to the Company, whenever the Company requires it and for the reservation and use of each Scooter, the acceptance of the relevant terms of Hire.

3.2 In order to be able to register as a User of the Service, the User must meet the following requirements:

• Be an adult (18 years+).
• Provide all of the personal information that, on a mandatory basis, is requested during the User registration process.
• Have a Spanish National Identity Document (DNI), Foreigners Identification Number (NIE), passport or other equivalent identification document valid and current.
• Have a current and valid driving licence to ride Scooters.  For these purposes, Users are considered to have a valid driving licence to be able to ride a Scooter if they have
• type A1 licence of any age.
• type B licence that they have held for at least 3 years
• driving licences issued within the European Union and/or the European Economic Area or Switzerland similar to the former.

This licence may not be suspended, withdrawn or revoked when registering as a User of the Service and throughout the duration of the contractual relationship between the User

(*) Driving licences issued outside of the European Union must be validated in each case so the Company may request the documentation or accreditation it deems necessary in each case.

• Have a payment method accepted by the Company associated with their name (this means, valid payment methods will only be accepted if the cardholder is the same as the User).
• Accept these Terms And Conditions, with its annexes and the privacy policy.

3.3 In the event of loss or withdrawal of the driving licence, the right to ride a Scooter and Hire them will be immediately suspended for the duration of the loss or withdrawal of the licence. Users must inform the Company immediately of the suspension or limitation of their right to drive, of the effectiveness of any driving ban or the temporary withdrawal or retention of their driving licence.  Users must validate their driving licences again once renewed or recovered after their withdrawal.

3.4 The User guarantees that the personal information they provide is accurate and they are responsible for communicating any changes to the information.  The User will be the only person responsible for any damage or harm, directly or indirectly, that may be caused to BECARFLEX or any other third party due to the completion of forms with false, inaccurate, incomplete or unauthorised information.

4. PROCEDURE OF REGISTRATION AND SUBMISSION AND VALIDATION OF DOCUMENTATION

4.1 People who meet the requirements prescribed in Clause 3 of these Terms and Conditions may register as Users of the Service by entering all of the information required on the electronic form available on the Website or the Application.

The fields completed by the User during the registration process will be stored on their profile, which they will be able to access and rectify at any time through the Website, the Application or by contacting the User Service Desk.  The User is obliged to keep the information provided up to date.

4.2 As a necessary part of the registration process, the User must send, via the Application, a double-sided copy of their identification document and their driving licence, for their validation by the Company, following the instructions provided by the Company through the aforementioned telematic channels.  In the event that the Company, for any reason, cannot validate any of the documents provided by the User, the Company may require the User to submit any of these documents by email or by the means by which they can accredit the necessary requirements of identification.

Furthermore, the Company reserves the right to request the User to carry out additional procedures to check or verify their identity and the possession of the relevant driving licence, including the right to request that the User attend in person one of the Company's offices or point of verification it specifies.

4.3 The Company will validate the information on the application once the registration process is complete, reserving the right to deny registration to a User if there are reasons to consider that they do not meet the requirements to use the Service.

4.4 Registration is considered finalised and validated once the User has provided all of the information and documentation required and this has been approved by the Company.  Once this process is complete, the User will receive a notification verifying their User account, consisting of an email or SMS sent to the email address or telephone number that was given during registration, which will contain a link through which the user should click to confirm.

4.5 To be able to access and make use of the Service and the Application, the User must use the Username and Password, which will be assigned during the registration process.  It is the User's responsibility to keep their Username and Password for the Service safe, preventing misuse or access by third parties.

4.6 In the event of loss or suspected loss of any of their Passwords, the User must change them for new ones as soon as possible or, if they are unable to, they must inform the Company as soon as possible so they can adopt the measures deemed appropriate.

4.7 It is prohibited for the User to have more than one account, without express consent from the Company.

5. PROCESS OF HIRING SCOOTERS

5.1 To be able to hire and use a Scooter, the User must:

• Have completed their prior registration as a User of the Service and keep it current;
• Have been validated by the Company, in accordance with the requirements indicated in section 4.
• Have chosen a method of payment accepted by the Company in the Service and have entered the relevant information; 
• Have downloaded the Application and kept it installed on their compatible mobile device; The Company will not be responsible under any circumstances for the compatibility between the application and the User's device.
• Request the Hiring of a Scooter through the Application, accepting the Price Policy which is current at the time; and
• Carry a current and valid driving license with them during the hire period of the Scooter.

5.2 Only the Users can use Scooters and subscribe to the corresponding Hiring.  Scooters can only be hired that are identified as being available at the time the User wants to hire it.

5.3 The Company may reject the reservation in the event that the Scooter selected is not available to serve the reservation request for any reason.  The reservation of a Scooter is understood as confirmed when the Company informs the User of this through a notification on the Application [and/or the sending of a confirmation of their reservation by email or SMS].

5.4 The User may reserve a Scooter without any charge during the maximum time specified on the Application without starting to Hire it.  Once the time has expired without the User having started the use of the Scooter (and, therefore, without having started to Hire it), the reservation will be canceled automatically, and it will be available for reservation by any other User.  The Company reserves the right to apply the corresponding penalty to the User as outlined in the Price Policy if they make repeated reservations without starting the trip.

5.5 The duration of the Hiring of a Scooter will be shown on the Application during the period of use of the Scooter by the User, as well as its cost. At the same time as the User finalizes the corresponding hire period the User will be able to see on the screen of the application a summary of the final cost and total time of Hire broken down.

6. ACCESS AND USE OF THE SCOOTERS

6.1 The user must make use of the Service and, in particular, of the Scooter, with maximum diligence and in accordance with these Terms And Conditions and the corresponding terms of Rental.

6.2 To make use of the hired Scooter, the User agrees and is obligated to:

• Before starting to ride, check the condition of the Scooter to check faults, visible damage or if it is extremely dirty, and inform the Company of this through the Application by completing the form available for this purpose or by calling the User Help Desk.  The User is obliged to provide the information requested on the form faithfully and fully.  The Company may prohibit the use of the Scooter if the safety of riding it may be compromised;
• Ensure the Scooter is in a suitable condition to be ridden and with a battery level on the Scooter display which is sufficient to carry out and finalize the desired journey.
• Fulfill all of the legal requirements regarding the working and use of the Scooter, in particular the Traffic Law for Motor Vehicles and Road Safety, the General Traffic Rules and the parking by-laws, as well as any other regulation that may replace or complement them.

6.3 On arrival at the place where the Scooter is parked, the Application will allow the User to start the Scooter, thereby starting the Hiring from this moment.  Once the Scooter has been started up, the User may:

• Access the helmet compartment, situated in the trunk of the Scooter, by activating the relevant button on the Application. All of the Scooters will have two helmets which must be used by the User and Passenger, if there is one.
•  Remove the Scooter from the center or side stand and press the “MODE” button on the handlebar of the Scooter to start it up.

6.4 The User may pause the trip by pressing the “Pause” button on the Application. This pause will not end the Hire session, so the minutes of Hiring in pause mode will continue to be charged in accordance with the applicable rate from the Price Policy.

6.5 If, during the use or Hiring of the scooter, you detect any operating faults or any of the controls on the Scooter display light up or any external sign of a fault or malfunction arise, the User must stop the Scooter and inform the User Help Desk of these circumstances as soon as possible.

7. ENDING OF THE HIRING OF A SCOOTER

7.1 When the User wishes to end the Hiring of the Scooter, they must park the Scooter correctly in a parking space which is authorized for this type of vehicle within the Service Area, put the center or side stand of the Scooter up and store the helmets in the trunk.  At this time, the User may end the Hiring session by pressing the option “Finalize” on the Application. If the User abandons the Scooter without finishing the process to end the Hire session correctly, the Hire session will continue at the cost of the User and the Company may penalize the User in the event of abandoning the vehicle without ending the trip.

To end the use or Hire session, the User is obliged to:

• Park the Scooter correctly in a Service Area in accordance with Traffic Regulations and in a place which is authorised for it.  For the aforementioned purposes, the User may not park the Scooter in private or company facilities (such as garages, patios, amongst others) which are not expressly designated as car parks of the Company.  The prohibition will also be applicable to customer parking at shopping centres, supermarkets, restaurants, amongst others.  The Scooter must remain parked in a location which is accessible for any person at any time.  The Scooter must not be parked in areas with parking restricted to specific days or times (loading and unloading areas, areas reserved for parking of authorised vehicles, etc.) or areas that are subject to time restrictions or temporary parking restrictions, for example, due to an event;
•  Ensure that the Scooter remains clean and in good condition of use.
• Store the helmets in the trunk of the Scooter and ensure it is closed properly, as well as checking that you have not left any personal item inside it; and ensure the other accessories and documents belonging to the Scooter are in order and in their place.

• Make sure the central or side stand of the Scooter are correctly in place.

7.2 If it is not possible to end the Hire session for any reason, the User must notify the Company without delay and stay with the Scooter until the Company has made a decision about the way forward regarding this.  The additional Hire costs will be refunded by the Company to the User once it has been checked that the User is not at fault.

7.3 Any damage or harm caused by the return of the Scooter contrary to the provisions of these Terms And Conditions may result in penalties being imposed as established in the Price Policy, as well as the payment of the damages and harm caused to the Company and/or any third party.

7.4 The company reserves the right to end hire sessions that exceed the maximum duration of 10 hours.  When this time period is exceeded, the Scooter will be blocked once it is parked.

8. RESTRICTIONS ON USE OF THE SERVICE

8.1 The User agrees not to use the Scooter for the following purposes:

•  Paid transport of passengers or goods or any other way of using the Hiring of the Scooters in their business or professional activity.
• Transporting live animals.
• Pushing or towing any vehicle or any other object, rolling or not.
• Transportation of a higher number of passengers than authorized and stated in the Vehicle Registration Certificate and/or the Scooter's Technical Inspection Card.
• Transport of goods that violate the law or current legal provisions, or for illicit purposes.
• Transport of any kind of packages or objects of a weight, quantity and/or volume exceeding that authorized in the Vehicle Registration Certificate and/or the Scooter's Technical Inspection Record.
• Transporting inflammable and/or dangerous objects, as well as harmful toxic and/or radioactive products. 
• Taking part in competitions, official or otherwise; as well as carrying out strength tests on materials, accessories or products.
• Use the Scooter to commit criminal acts or acts of vandalism.
• Transporting the Scooter on board any other means of transport.

8.2 Furthermore, the User is prohibited from the following:

• Riding the Scooter under the influence of alcohol, drugs or medication that impairs their ability to drive.
• Leaving the Scooter in unsuitable hygienic conditions.
• Recharging the Scooter’s batteries or any other way of manipulating the batteries or electronic systems of the Scooter.
• Allowing a third party to drive the Scooter or divulge Passwords to third parties, even when these third parties are also Users of the Service.
• Disabling or in any way altering the tools for geolocation, tracking and control of the Scooter, as well as any other electrical element or device on it.
• Carrying out any type of aesthetic or technical change in the Scooter (including, but not limited to, the hiding of logos, signage or Company's brand).
• To carry out repairs or modifications to the Motorcycle or to have such repairs or modifications carried out on the User's own authority.
• Travelling outside the driving area permitted in the contract of Hiring the Scooter.
• Assigning, subleasing, renting, mortgaging, ignoring selling, using as collateral or make available the Scooter, its documentation, accessories, tools or pieces.

9. PAYMENT OF THE SERVICE

9.1 Registration as a User is free.

9.2 The rates for the use of the Service are stated in the Price Policy and may be updated at any time through notification to the User and may be applied to any use subsequent to the notification.  The prices are final prices and include the legally applicable VAT. In any case, the prices are subject to the relevant discounts, promotions or special prices and are notified at the time.

9.3 The calculation of the time used of the hired Scooter will be calculated from the time the Scooter is unblocked until the appropriate finalizing of the Hiring of the Scooter.  In all cases, the amounts and rates established in the Price Policy applying to the Hire session in question will apply at all times.

9.4 The applicable rates for the Service will be charged by the Company automatically, once each Hiring session is finalized, through the payment method provided by the User.  The User will ensure that the payment method used has enough funds available.  In the event that there are not enough funds available to pay the amount, the user must pay the Company the expenses and bank costs or costs of the provider of the payment used, as well as the relevant penalty in accordance with the current Price Policy.

9.5 The non-payment will lead to the temporary suspension of the User’s account, who will be notified in order to settle the pending invoices and reactivate the account, within a maximum period of 10 calendar days, without prejudice to the relevant penalties established in the price table.

9.6 In the event of being unable to pay the adjusted amount, the Company will terminate the contract with the User and adopt the claim actions it deems appropriate for the purpose of recouping the damages and harm caused.

9.7 The User may request an invoice to be sent for the Use of the Service by contacting the User Service Desk.

10. INSURANCE AND EXCESS

10.1 The public liability insurance will be subject to the terms and conditions of the policy and to the general conditions regarding the compulsory motor insurance established in the Insurance Contract Act.

The insurance cover will not apply if the damage is caused deliberately or negligently by the User.

10.2 In the event the User violates any obligation established in the Insurance Contract Act and it results in the exemption from payment by the insurer, the insurance cover referred to will not apply.

10.3 In the event that the damage is caused by intent or gross negligence, the User will be liable to the Company in accordance with the Insurance Contract Act.

In the event of the scooter being damaged, the responsibility of the User will be limited to the agreed excess in accordance with the price policy, if the scooter has been used in accordance with the Terms And Conditions and the Company has been notified of the damage without undue delay.

10.4 The User will be liable for all of the damage caused if they do not duly complete the Accident Report, or if applicable, the corresponding reporting of the accident or theft, which include the information about the vehicles, drivers and circumstances of the accident.

The accessories (helmet, smartphone holder, trunk, ...) are not covered by the insurance and are the responsibility of the User.

The insurance will not cover damage or theft of personal belongings left inside the vehicle, as well as the damage or harm to Users themselves or third parties which occurs as a result of the driving of the vehicle in conditions contrary to the traffic and road safety regulations, as well as in the event of the vehicle being driven by a third party who is not the User.

10.5. Our motorcycles are covered with an all-risk insurance with a franchise of up to € 800, if the motorcycle suffered any damage due to misuse by the user, it must bear the cost of the repair up to the amount of the franchise, in addition to all administrative costs and penalties. Specifically, the penalties that will be charged to the user are:

• Vehicle Stoppage Cost: € 50
• Damage Management: € 30
• Workshop invoice: It will pay off the invoice issued by the workshop.

10.6 In addition to the general liability insurance, there are two options for the user to reduce the general excess.

• PLUS INSURANCE: Option whereby the user selects the extension of the insurance by reducing the excess to the terms established in Annex I, prior to the start of each trip. This reduction will only operate on those trips where this option is chosen, and after payment of the fee stipulated in the aforementioned Annex I.
• RECURRENT INSURANCE: Option whereby the user selects the extension of the insurance for all trips. This option will reduce the excess to the terms established in Annex I, paying the amount set as extra for each trip. The option will be activated or deactivated by the user from their own profile, taking effect only after being activated and until the moment in which it is deactivated.

Insurance Plus: The user may choose to reduce the general excess on each trip to €99 by paying an extra €0.40 per trip. Said choice shall be made prior to the start of the trip.

Recurring insurance: The user may choose to reduce the general excess on all trips to €99 by paying an extra €0.4 per trip, which will be invoiced at the end of each trip, providing cover only for those trips for which the aforementioned extra has been paid. The user may cancel this option from their own profile.

11. RESPONSIBILITY OF THE USER

"The user will be responsible for the vehicle until another user begins their journey; having left the motorbike correctly parked, with helmets, vehicle documentation and extras inside the boot and not having caused any damage to the vehicle. If the above is not complied with, the Company shall be authorized to apply the corresponding penalties or additional charges to the Users (See ANNEXES)".

11.1 When the user can not open the trunk through the app, because there is an error, you must act according to each case:

The user has not yet started the trip and has not been able to take the helmets from the trunk.

• Solution: The user must call our Customer Service Center by phone, being for Gran Canaria 828 70 12 80. So our team will open the trunk remotely. If it could not be resolved via telephone, you must take another of our motorcycles.
• Reward: Free minutes will be applied to your account, corresponding to the time lost by the incident so you can enjoy them with another of our scooters.

After starting a trip the user cannot return the helmets because the trunk does not open:

• Solution: In the event that he cannot open the trunk, once he has taken the helmets and tries to return them, the client must call our Customer Service Center by phone, being for Gran Canaria 828 70 12 80. Our team will open the trunk remotely. If it could not be opened remotely, the customer must take responsibility for the helmets and return them. To deliver the helmets the user can request free minutes to go from that point to our offices on another of our motorcycles. The offices are:
  • Gran Canaria: 15 Sucre Street, Urb. El Sebadal.
• Reward: Free minutes will be applied to your account corresponding to the time lost by the incident so you can enjoy them with another of our scooters.

The user has left their belongings in the trunk and cannot retrieve them because the trunk does not open:

• Solution: The customer must call our Customer Service Center by phone, being for Gran Canaria 828 70 12 80. Thus, our team will open the trunk remotely. If the trunk cannot be opened, our team will send an operator to open the trunk with the key and can take your belongings, as well as return the helmets.
• Reward: Free minutes will be applied to your account corresponding to the time lost by the incident so you can enjoy them with another of our scooters.

11.2 The User is responsible for the damages caused by them to the Scooter, to the Company or any other third party which occur during its use.  The User must inform the Company, through the User Service Desk, about any damage it causes or any incident in which they are involved during the use of the Scooter, and they will be obliged to send the relevant accident report to the Company, if applicable, within a maximum period of 48 hours, except in cases of force majeure, from the time the incident occurred.

In such cases, the Company reserves the right to block the use of the Scooter and terminate the Hire period in question.

11.3 In this case, the User authorizes the charging of the corresponding repair costs or other costs arising from the damage incurred, respecting the application of the contracted excess.

11.4 Without prejudice to imposing the applicable penalties established in the Price Policy, in the event of violation or insufficient compliance by the User of the obligations stated in these Terms And Conditions, and in particular in the event of the lack of diligence or blame, negligence and malpractice, the User will be liable for the damage and harm caused to the Scooter, the Company or any third party (including the Passenger, if applicable) which is attributable to the User.

Notwithstanding the foregoing, the Company reserves the right to retain a deposit of €250 in the event of an incident during the use of the Service, to cover potential damages that may have occurred, which will be effective at the time of charging the Hire in which the incident occurred.

11.5 In all cases, the User agrees to collaborate with the Company, as far as they are required to in order to assert the rights of the Company as owner of the Scooters before the competent bodies and courts, as well as before the relevant insurance institution, providing as much information as necessary.

11.6 If the Company receives a claim for damages and harm as the result of an accident, without having received notification and the documentation of the User who was in charge of the Scooter at the time of the accident, it reserves the right to claim the corresponding costs, as well to terminate the contractual relationship between the Parties,

11.7 In the event that the Scooter or any of its accessories is subject to loss, theft or acts of vandalism by third parties, the User must contact the User Service Desk and report these acts and follow the instructions given to them (in particular, those regarding the reporting of said acts to the relevant authorities). /li>

11.8 If the Motorcycle is removed by the municipal crane, during the service or after having finished it in a prohibited parking area, all costs and administrative penalties derived will be re-invoiced to the User responsible for the infraction; without prejudice to the corresponding penalty according to the applicable Price Policy.

Specifically, there are three penalties that will be charged to the user:

• Fine Management: € 25
• Management for withdrawal of the Potrero: € 25
• Withdrawal of Potrero:
  • Gran Canaria.
    • Las Palmas de Gran Canaria. € 95.50 (Price established by the City Council of Las Palmas de Gran Canaria)

12. ADMINISTRATIVE PENALTIES AND SANCTIONS

12.1 The Company reserves the right to identify and inform the Public Administration of the identity of any User who has committed a traffic offense during the Use of the Service or the parking of the Scooter in prohibited areas according to the relevant local regulations.

12.2 The Company reserves the right to claim the costs from the User arising from the offenses committed, as well as the application of the corresponding penalties.

12.3 All of the costs and charges suffered by the Company and the sanctions resulting from legal proceedings and sanctions identified previously that are attributable to the User, will be charged to the User who was responsible for the Scooter at the time the offense was committed.

12.4 Failure to pay the penalties and/or sanctions will lead to the suspension and/or termination of the contractual relationship between the Company and the User, the Company being able to claim said amounts without prejudice to the measures it deems appropriate to recoup the damages and harm caused, as well as undertake the claim actions it deems necessary.

13. TERMINATION OF THE CONTRACTUAL RELATIONSHIP

13.1 The contractual relationship between the User and the Company has an indefinite duration from the acceptance of their registration.

13.2 The User may unsubscribe from the Service at any time through the Application and/or User Service Desk.  Once unsubscribed:

• The User will no longer be considered a User.
• Access to the Service will be deactivated.
• The contractual relationship arising from these Terms and Conditions shall cease to have any effect and validity (except for those Clauses which can be inferred to be effective even after the termination of the contract).

13.3 The Company may end or cancel the contractual relationship in cases of the violation of these Terms And Conditions by the User.  In such cases, the Company may choose between:

• Giving a period of ten calendar days to remedy said violation or
• The automatic termination of the Service provided with notification to the User via email and/or SMS, without prejudice to seeking compensation to the damages and harm caused by the User, as well as making the action claims it deems appropriate.

13.4 Including and without limitation, the conducts described below are considered as violations of these Terms And Conditions:

• Failure to Pay by the User for the Services provided by the Company.
• The User not meeting the requirements for the contracting and use of the Service (minimum age, valid driving license, amongst others).
• The failure by the User to notify the Company of the suspension, revocation or withdrawal of their driving license or any other circumstance affecting the validity of this driving license.
• The use of false documentation or - in any case - not corresponding to the User at the time of registering for the Service.
• Making multiple reservations of one or more Scooters without ever starting the Hiring session.
• Failure to pay for the possible penalties applied by the Company, in accordance with the current Price Policy.
• Parking the Scooter after finalizing the Hiring session outside of the Service Area or violating the provisions of these Terms And Conditions.
• Dirtying or leaving the Scooter in poor condition.
• Using the Service under the effect of drugs, alcohol or psychotropic substances.
• Making improper or fraudulent use of the User Application or in any way infringing its intellectual property rights which belong to the Company.
• Allowing the Scooter to be driven by a third party other than the User who reserved it.
• Parking in private spaces or areas other than those specifically designated for the parking of vehicles with two wheels on public roads.
• The facilitation or malicious commission by the User of the theft and/or acts of vandalism in relation to the Scooter.
• Not notifying or submitting the relevant documentation to the Company in the event of having an accident with the Scooter during the use of the Service.
• Using the Scooter for purposes not permitted by the applicable regulations or laws or by these Terms And Conditions.
• Where appropriate, any violation of these Terms And Conditions.

14. LIABILITY OF THE COMPANY

14.1 Except in the cases of deliberate or gross negligence by the Company and to the extent permitted by law, the Company will not be liable for the direct or indirect damages of any nature that the User or a third party may suffer in any way by the Service, or changes in procedures, times and conditions and any other cause attributable to the Company or its suppliers or third parties in general.

14.2 The liability of the Company is also excluded for the full or partial breach of obligations due to force majeure, including but not limited to: actions of public administrations, actions of the authorities, legal restrictions, fire, floods, explosions, protests, disturbances, strikes, labour disputes, lack of raw materials, power failures, interruptions to communications or others.

14.3 The Company reserves the right to modify, permanently or temporarily, the Areas of Service, based on the reasons mentioned in the previous point.

14.4 The Company will not be liable for the damages and harm arising from the lack of availability or accessibility of the Application or the website; the interruption of the working of the application or network failures, disconnection, blocks, delays or crashes due to the network or other data centers being overloaded; as well as any other damage caused by third parties.  In the same way it will not be liable for the damages and harm caused by computer viruses or elements which are external to the application or website, entered by third parties who may make alterations in the systems, electronic documents or files stored in the devices.

15. TRACKING DEVICES

15.1 For the purpose of preserving, protecting, detecting, preventing crimes and analyzing the performance of the Scooter, the Company will use electronic devices that enable them to monitor the condition and working of the Scooter and to track its movements at all times.

15.2 This information may be used by the Company for the purpose of analyzing and validating the suitable use of the Service by the User, as well as the performance of the Scooter.

15.3 The collection and use of this information will be handled in accordance with these Terms And Conditions. On this basis, the User is expressly informed about the use of these electronic devices by the Company and about the way the Company will handle the information gathered through them.

15.4 The geolocation data will be kept for a period of 30 days after each trip or use, after which they will be disassociated from the user information and identification of each Scooter, and they will be deleted.

16. USER SERVICE DESK/COMPLAINTS

16.1 In case of any doubt about these Terms and Conditions, the Service or for any complaint, the User can contact the Company through the Company's User Service Center, by sending an e-mail to motos@lovesharing.com, or call us on 828 70 12 80 for Gran Canaria.

16.2 In the event of a complaint, the user has at his disposal the complaint form which can be sent to the following addresses: 

- E-mail:motos@lovesharing.com

- Address: Av. Rafael Cabrera, 24 - Portal 22B. Office 10.

Complaint form. 

Our details are:

BECARFLEX, S.L.U.

Avda. Pintor Felo Monzón,

34-BAJO 35019, Las Palmas de G.C.

CIF: B76300359

17. INDUSTRIAL AND INTELLECTUAL PROPERTY

17.1 The Use by the User of the Service, the Website or the Application does not grant them any right to the industrial or intellectual property rights of the Company or any third party, obliging the User to respect each and every one of the industrial and intellectual property rights, including brands, logos, domain names or any other intellectual or industrial property right belonging to the Company or third parties.

17.2 It is expressly prohibited for the User to carry out any act of reproduction, distribution, public communication or other forms of making available to the public, transformation and, in general, any other form of exploitation of any of the contents, information or materials that the User may access through the Service, Website or Application, whether fully or partially, unless they are given express written authorisation by whoever owns said elements.

18. ASSIGNMENT OF CLAIMS

18.1 The Company reserves the right to assign the claims from the use of the Service by the Users, upon prior notification to the User. In this case, the User may only make payments which result in settling the debts to the assignee, the Company being responsible in all cases for the general requests and complaints of the User in relation to the Service.

18.2 To this effect, the Company will provide the User’s information of a personal nature which are necessary for the assignment of claims to the assignee, who will not be able to use this information for any other purpose.

18.3 The User authorizes the Company or, if applicable, the assignee, to charge the User for any amounts they owe in relation to these Terms And Conditions or for any Hiring through the use of the payment method specified by the User.

19. VALIDITY OF THE CLAUSES

19.1 In the event that one or more of the Clauses of these Terms And Conditions are declared invalid or null, this will not affect the validity of the rest.  In this case, the parties agree to fill the resulting spaces in accordance with the spirit and presumed willingness of the contracting parties and to substitute the invalid clauses for other valid ones that are as close as possible to the invalid ones in the economic and not material sense.

20. RIGHT TO WITHDRAW

20.1 Users have the right to withdraw from the hiring process and registration as a registered User (and, as necessary, from these Terms And Conditions), within fourteen (14) calendar days from the date of their registration, as long as they have not yet Hired a Scooter.  The Hiring of the scooter cannot be withdrawn from or canceled by the User once it has been confirmed by the Company, in accordance with the provisions of the regulation regarding the defense of the rights of consumers and users.  For this reason, the first Hiring will involve the loss of the aforementioned right to withdraw for the User.

20.2 To exercise the right to withdraw, the User must contact the Company using the unsubscribe button on the website, by phoning the User Service Desk or sending the withdrawal form included at the end of these Terms And Conditions by email, informing of their decision to withdraw from this contract via an unequivocal statement.

21. APPLICABLE LAW AND JURISDICTION

21.1 This contract is governed by Spanish common law.

21.2 Without prejudice to the rights that may assist the User in their status as consumer or user, the Parties, expressly waiving any other jurisdiction, submit any dispute or litigation that may arise from the interpretation or execution of this Contract to the Courts of the city of  Las Palmas de Gran Canaria.

ANNEX 1: PRICE POLICY

1.1: SPECIFIC CONDITIONS MOTOSHARING SERVICE

• MODELO DE SUSCRIPCIÓN
  • Tarifa plana
    • 1000 min.
    • € 69 / month → € 0.069 per minute in any of the modes.

→ Once the Subscription Plan time has been consumed, the cost of the additional minute would be: Standard Mode (€ 0.26), Custom Mode (€ 0.30), Xtra Mode (€0.35) and Pause Rate (€ 0.07).

You can hire the plan at any time, but it will not take effect until the 1st of each month. Meanwhile, you can use the service with our normal rates. The monthly payment will be made on the 1st of each month, these minutes will not be cumulative, since the unused will be eliminated the following month.

You can change plans to one that best suits your needs at any time, but it will not be effective until the first day of each month

If you have any questions or unsubscribe from any service, you should contact us at our Customer Service Center, 828 70 12 80 or via email motos@lovesharing.com

• RATES.

There are two driving modes, according to the following table, that the User can choose by pressing the "Mode" button on the Motorcycle. Depending on the mode chosen, one price per minute or another will apply.

In the event that the duration of the pause lasts more than 6 hours and the trip outside the Service Zone must be canceled, it will be considered abandoning the motorcycle.

• Standard mode (S): € 0.26 / minute. Slow mode limited to 50 km / h.
• Custom Mode (C): € 0.30 / minute. Fast mode limited to 80Km / h.
• Xtra Mode (X): € 0.35 / minute. Fast mode limited to 100Km / h.
•  
• Pause: € 0.07 / minute. Mode limited to 6 hours continuously.

• EXCESS.

The insurance has coverage for damages to third parties. In the damages and theft of the vehicle itself the coverage is total, with a franchise of eight hundred euros. In cases of responsibility / fault of the User, he must pay the amount corresponding to the damages, up to a maximum of the values ​​established above. The insurance has coverage for the personal damages of the driver.

• Standard Mode: € 800.
• Custom Mode: € 800.
• Xtra Mode: € 800.

LIST OF DAMAGES AND PENALTIES.

• The following damage matrix shows the amounts payable by the user based on the repairs carried out on the vehicle. The damage matrix uses an average repair cost for each component of the motorbike.

(*) The withdrawal penalty will be the amount of the fee issued by the local authority responsible for the removal of vehicles from public roads. Rate is attached as proof.

ANNEX 2: INSURANCE CONDITIONS

• The Motorcycle has insurance among which are the following coverage:
  1. Civil liability of mandatory subscription.
  2. Voluntary civil responsibility. Maximum limit € 50,000,000 per claim.
  3. Legal Protection. Damage Defense and Claim. Maximum limit € 600.
  4. Driver and occupant accidents. The maximum capital limits for this guarantee are:
     • Death: € 3,000 per victim.
     • Permanent Disability: € 3,000 per victim.
• In addition, the responsibility of the User for damages to the Motorcycle is limited and corresponds to an all-risk coverage, with partial coverage with franchise as provided in the following clauses. Only the authorized User can benefit from the coverage of the damages to the vehicle.
• In the event that the Motorcycle is damaged while it is used by the User or if the User causes damage, it will be liable up to a € 800 Franchise.
• Both the aforementioned insurance and the aforementioned limitation of liability will be subject to the policy and the general conditions regarding compulsory motor vehicle insurance provided for in the Insurance Contract Law and to the General and Private Condition that BECARFLEX has agreed with the Insurer .
• In the event that the User breaches any obligation provided in the Insurance Contract Law and this results in the exemption of payment from the insurer, the insurance coverage provided will not apply. In this case, the limitation of liability to the franchise will not apply.
• Insurance coverage will not apply if damages are caused deliberately.
• In the event that the damage is caused by gross negligence, the User will be liable to BECARFLEX in accordance with the Insurance Contract Law. In case of damage to a Motorcycle, the User's responsibility is limited to the amount of the agreed franchise if the Motorcycle has been used in accordance with the contract and the damage has been notified without undue delay. The limitation of liability to the amount of the agreed franchise will not apply when the User causes mechanical damage due to a driving failure, due to serious or intentional negligence.

ANNEX 3:  WITHDRAWAL FORM

If a User wishes to withdraw from this contract, he will have to fill out this form and send it back to the Company, to the postal or electronic address indicated below:

To BECARFLEX, with address for this purpose in Avda. Pintor Felo Monzón, 34-BAJO 35019 Las Palmas de G.C., and email address: motos@lovesharing.com