Kleta Rental Terms

The following general rental terms apply to Kleta’s bikes. We ask you to read them as you will be asked to confirm that you have read and understood these as a part of our Terms and Conditions before your subscription can be confirmed.


We are KLETA MOBILITY, S.L. a private limited company registered in Spain (Barcelona), under company number B-07114082 with our registered office at Calle Calabria 199, Principal 4 (08029 Barcelona).

Definitions:

 

“You” are the customer (main bike user) who completed the Order Process and who is entitled to drive Kleta’s Bike.

 

“Kleta” is the bike that KLETA MOBILITY, S.L. is renting to you for the duration of your subscription and will include all parts and accessories fitted to it at the commencement of the rental.

 

“Damage” is any damage occurring to the Kleta (including seat, pedal, wheel) and any damage occurring to third party property where applicable.

 

1. General
 

1.1. These Kleta Rental Terms (“KRT”) apply between you as a customer and Kleta (“we” or “us”). They regulate the rental of a bicycle (“Kleta”) provided to you by us at any given time.

 

1.2. For the purposes of these KRT, the Kleta could be any type of a Kleta bicycle as agreed between you and us in your Subscription (as defined below). These KRT form part of the contract concluded between you and us (“Subscription”) and apply to the exclusion of all others. Terms which deviate from, conflict with or supplement these KRT shall only become part of the contract if we have expressly consented to them in writing. 

 

1.3. Legally relevant declarations and notices which you would like to give to us after the conclusion of the contract (e.g. setting deadlines, reminders, declarations of withdrawal from the contract), must be made at least in text form in order to be valid, unless expressly provided otherwise in these KRT. 

 

2. Subject Matter of the Subscription 

 

2.1. During the Subscription Period, we will make a Kleta available to you. The details of your Subscription and the details of the Kleta are agreed as part of the online ordering process on our website (“Order Process”). 

 

The following are the main steps to making an online Order Process:

  • First Step: Selection of your Kleta Subscription by clicking the button “Rent now”.

  • Second Step: Confirmation: You must Sign Up or Log In to confirm the Subscription and complete your renting. You will be required to provide your email to Sign Up and then your credit card details, first name, last name, address, city, country, postal code, phone number. After filling these details you must press the button “Buy now”.

  • Third Step: Kleta notification: After completing the Order Process, you will receive a notification confirming  your Subscription. The confirmation email will include the main details of your subscription. Following that, we will agree with the time and location for the delivery of the Kleta.

 

2.3. When we deliver the Kleta, we will check your personal details together with you (e.g. by providing an official identity document). At the time of delivery, you are obliged to confirm to us in writing the receipt of the Kleta and that the personal details you have provided to us are correct. You are obliged to notify us without undue delay of any changes in your personal details during the Subscription Period (e.g. if your address changes). In the event that you desire to change your Kleta subscription, you must obtain the consent of KLETA MOBILITY, S.L. in advance.

 

2.4. You may only use the Kleta in the metropolitan area of Barcelona. A usage of the Kleta outside of the metropolitan area is only possible after our express written consent to this. 


 

3. Making the Kleta Available

 

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

 

3.2. You are not entitled to a particular Kleta or to a particular colour, fit-out, or configuration of the Kleta. 

 

3.3. The Kleta and all objects provided to you in connection with the Kleta (e.g. the keys or lights) shall remain in our ownership or in the ownership of our partner companies at all times. 

 

3.4. After giving prior notice, we are entitled to inspect the Kleta at any time, to wholly or partially replace it, and to carry out maintenance and repairs to the Kleta. 


 

 4. Usage Rules 

 

4.1. Certain rules apply to you in relation to the use of the Kleta, which you must comply with at all times: 

 

  • The use of the Kleta shall be in your sole responsibility. 

  • Prior to using the Kleta, you are obliged to familiarise yourself with how the Kleta functions. 

  • Prior to each use of the Kleta, you must check the Kleta for road safety, proper functioning, and the absence of defects. For that purpose, in particular you must check the tightening of all screws which are of relevance to safety, the proper condition of the frame, the handlebars and the saddle, the tire pressure, the functionality of the lights, and the braking system. If a defect exists at the start of your use of the Kleta or a defect occurs while you are using it, you must refrain from using the Kleta or cease using it. 

  • The Kleta is intended solely for your personal use. Consequently, you must not entrust the Kleta to third parties, you must not allow third-parties the use of the Kleta in another form or sell it, hire it out, sub-let it, pledge it or otherwise encumber the Kleta with security interests or rights of third parties. 

  • The Kleta is a high-quality object. Consequently, you must not damage or destroy the Kleta or carry out any modifications, lacquering, painting, or other changes to the Kleta. 

  • You must secure the Kleta effectively against theft (Clause 7). 

  • You are only allowed to use the Kleta in the generally accepted customary manner, avoiding unusual strain on it and only on paved routes and streets. 

  • You must use and take care of the Kleta, in accordance with the instructions given by us. 

  • You must not use the Kleta whilst under the influence of drugs, medication, alcohol or any other type of substances.

  • You must not use the Kleta for racing, off-roading, speed testing or to take part in rallies, contests, or trials, wherever they are located, official or not.

  • You are only allowed to use the luggage carrier(s) of the Kleta in an appropriate and responsible manner in accordance with its / their intended purpose and in particular you must not transport any persons on it/them.

  • You must pay any fines, fees and penalties incurred in connection with the use of the Kleta. You are and will remain primarily liable for such charges and you consent to us notifying such organisations of your personal details to effect a transfer of liability.

 

If you fail to fulfil any or all of these obligations then, you will be responsible for and will pay to us all reasonable costs of any detrimental consequences, loss and / or damage that may arise as a result. 

 

4.2. When using the Kleta, you are obliged to always comply fully with all applicable legal provisions, in particular with all road traffic rules (i.e. the local road traffic rules). In addition, you must always make sure that the Kleta is not detrimental to road safety, that other road users and pedestrians are not endangered, harmed or impeded and that the use of the Kleta does not interfere with, damage or endanger other vehicles or other property of third parties or other rights of third parties. 

 

4.3. You are not allowed to use the Kleta as an entrepreneur in the exercise of your trade, business, or profession (e.g. using the Kleta for the professional delivery of goods or food is prohibited). In the event of a breach of your obligation under this Clause 4.3, you shall pay to us a contractual penalty in an adequate amount. The precise amount of such a contractual penalty shall be determined by us at our discretion.
 

5. Rent Fees & Payment Terms 

 

5.1. In return for us making the Kleta available to you, you owe us the monthly rent agreed with us in the Order Process (“Kleta Rent”). The first month of your subscription starts with us delivering the Kleta to you, whether delivering it directly to you or you picking it up in our store, and ends 31 days later (“Kleta subscription month”).
The subsequent Kleta Rent is due for payment on the 30th day of the Kleta subscription month, i.e. the payment is due before the next Kleta subscription month starts. You authorize KLETA MOBILITY, S.L. to charge the monthly Subscription to your default credit card during the Subscription period.

 

5.2. We reserve the right to adjust the Kleta Rent during your Subscription Period with effect for the future. We will inform you in text form about any changes in the Kleta Rent in good time prior to changes taking effect. 

 

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

 

5.5. If you submit an unjustified credit card or other charge-back, you will be in default in relation to the relevant payment. You will receive a reminder from us to settle such payment within 7 days, following the date of the charge-back: a) an amount equal to the amount of the charge-back; b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer); c) an administration fee; and d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees). 

 

Without prejudice to our other rights, if you submit an unjustified credit card, debit or other charge-back, then we may terminate any rental agreement between you and us under these terms by giving you written notice of termination.

 

6. Securing the Kleta against Theft 

 

6.1. We provide the Kleta to you together with one or more locks (e.g. ring lock, chain lock, or other security measures). 

 

6.2. In order to prevent the loss/theft of the Kleta or any damage to it, you are obliged to always secure the Kleta with all locks which have been provided to you. The Kleta must  always be secured to a fixed bicycle stand and not a tree, fence, or road sign. 

 

6.3. We will also provide you with a key to use with the locks. You are not allowed to make any additional keys or have them made (e.g. replacement key, copy, duplicate key). We may keep additional keys for the locks in our possession. You are obliged to protect the key for the Kleta against loss, theft, and unauthorized use at all times, and you are not allowed to pass the key on to third parties. 

 

6.4. If your key gets lost, stolen, or damaged, you must notify us immediately, follow the instructions given by us and report the theft to the nearest police. In these circumstances we will deliver a new key to you and will charge you a fee of EUR 10 per key for this. On delivery of the new key, you must confirm receipt of it to us. If you find a key that has been notified to us as having been lost, you must send it to us immediately by post at your own cost or leave it at our store.
 

6.5. In case one of your lock gets lost, stolen, or damaged, you must inform us immediately. In these circumstances we will deliver a new lock to you and will charge you the following fees:

  • Ring lock: EUR 20

  • Frame lock: EUR 40

  • Seat lock: EUR 10 

On delivery of the new lock, you must confirm receipt of it to us. 

 

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

 

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

 

7.2. If you have caused the damage to the Kleta or it otherwise results from your breach of the usage rules in these KRT (in particular of Clause 4), we reserve the right to claim compensation from you. 

 

7.3. In the event of damage to the Kleta due to the fault or contributory fault of a third party, you are obliged to give us the identity and contact details of this third party. 

 

7.4 If the damage has occurred in connection with an accident, you shall immediately discontinue operation and take measures required by law and regulations regardless of whether the accident is serious or not, and shall further take the following measures:

 

  1. Immediately report to KLETA MOBILITY, S.L. on the situation of the accident and follow instructions given by the company. 

  2. You shall report the accident to the authorities (police) and send us the official accident report or a detailed accident scatch signed by you and the third party, by email: info@kleta.es If you do not send us the contact details of the third party by email, within 24 hours after the accident, although you have them, we reserve the right to invoice and charge you in full for the losses which we incur. 

  3. You shall cooperate with us and the insurance company with which the company has entered into a contract in the investigation of the accident and submit without delay the necessary documents.

 

8. Theft & Loss of the Kleta

 

8.1. You are obliged to inform us of the theft/ loss of the Kleta or of individual components of the Kleta (e.g. its lock) within 24 hours of you becoming aware of it. In the event of theft/loss of the Kleta, you must hand over or send to us all of the keys for the Kleta which you have received from us. Additionally, you need to fill out a theft report for the police with all the necessary details. 

 

8.2. In the event of theft/loss of the Kleta, given you handed us the filled out theft report for the local police and the Kleta being secured as described in Clause 6.2, we may charge you a deductible per incident in the amount of EUR 30.

If the Kleta which has been notified to us as lost or stolen is found again, at our discretion, and subject to the technical and optical condition of the relevant Kleta, we may reimburse you any deductibles paid. 

 

8.3. If you do not secure the Kleta as described in Clause 6.2 and, as a consequence, the Kleta is severely damaged, lost, or stolen, you are obliged, in addition to any deductibles under Clause 8.2, to pay us a fee in the amount of EUR 250. In case of the theft/ loss of individual components due to your negligence, we will have the right to charge you the fee corresponding to the replacement of the individual component. 
 

8.4. If you do not fulfill your obligations under Clause 8.1, in particular, if: 

  • you do not inform us about the theft/loss of the Kleta, or

  • you do not hand over or send to us all of the keys for the Kleta which you have received from us, 

we will charge you a deductible in the amount of EUR 250.
 

8.5. If it turns out that you have made false statements to our detriment, we shall be entitled to charge you a dishonesty supplement up to EUR 250. This sum must be paid in addition to any amounts due under this Clause 8. 

 

9. Measures in case breakdowns are found 

If you detect any abnormality or breakdown, due to mechanical problems of the Kleta during the Subscription period, you shall immediately discontinue operation and contact KLETA MOBILITY, S.L., and at the same time follow
instructions given by the company. We will attend the incident, as soon as, possible. Kleta will have the choice between replacing the bike or accepting repairs to be done to the bike..

10. Subscription Period, Termination & Return 

 

10.1. The term of your subscription (“Subscription Period”) is agreed upon in the Order Process. The Kleta Subscription is for your personal and non-marketable use. 

 

10.2. If we have agreed on a monthly Subscription, the Subscription Period is 31 days from the date stated in the Order Process and automatically extends on a month-by-month basis, unless terminated in accordance with these KRT. 

You or we may terminate a monthly subscription at any time for convenience with a notice period of one month. The subscription will then terminate one month after the other party was informed of the cancellation of the service. This might apply partial monthly payments. We do not provide returns or credits in case the Kleta is returned before the subscription period ends. 

 

10.3. If we have agreed on a minimum Subscription, the Subscription Period begins on the date stated in the Order Process and remains in effect for the minimum term agreed in the Order Process; early termination with effect prior to the end of the minimum term is only possible with prior consent of us. In case we admit an early termination, the subscription will end one month after giving the consent. The value of a monthly subscription will be charged at the end of the subscription period in order to compensate for the shorter subscription period. .
Upon regular expiry of the Minimum Subscription Period, the Subscription turns into a monthly Subscription specified in Clause 10.2. 

 

10.4. Your right and our right to extraordinary termination of your Subscription without notice for an important reason remains unaffected. An important reason, which entitles us to termination without notice exists in particular if:

  • you are in default in relation to more than two Kleta Rent payments

  • you use the Kleta outside the metropolitan area of Barcelona without prior written consent.

  • you use the Kleta contrary to the usage rules in Clause 4; or 

  • you make false statements to us or you repeatedly make use of our services in an improper manner (e.g. by making intentionally false statements) 

 

10.5. Every notice of termination must be given in text form (email is sufficient). 

 

10.6. If you have terminated your Subscription, prior to returning the Kleta to us you can cancel your termination at any time and reactivate your Subscription by email free of charge. After returning the Kleta to us, free of charge reactivation is not guaranteed. 

 

10.7. When the termination of your Subscription takes effect, you are obliged to return the Kleta and any other objects provided by us (in particular keys) at your own cost and risk to us or, if we notify you thereof, to one of our partner companies. If you return the Kleta to us prior to the termination of your Subscription taking effect, your rights under your Subscription end at the time of return; however, we reserve the right to charge the Kleta Rent accruing up until when the termination of your Subscription takes effect. 

 

10.8. If you do not return the Kleta to us in good time when the termination of your Subscription takes effect, we will charge you a late fee in the sum of EUR 5 per day, up to a maximum of EUR 35 until you return the Kleta to us, reactivate your Subscription in accordance with Clause 10.6 or take out a new Subscription.
 

10.9. If you do not return the Kleta to us within 7 days after the termination of your Subscription taking effect and you do not reactivate your Subscription in accordance with Clause 10.6, we reserve the right to take legal action. In these circumstances, we may charge you a retention fee in the amount of EUR 250. 

 

11. Data Protection

 

We collect and process your personal information strictly in accordance with the requirements of the Data Protection Regulation to the extent necessary to assist us in providing you with Kleta Subscription services and to maintain and improve our administration.

 

You have a right to access, rectify and delete the personal information concerning the subscription. You may exercise this right by sending an email to: info@kleta.es or a letter to the following address: Calle Calabria 199, Principal 4 (08029 Barcelona).

 

By accepting these KRT you expressly acknowledge having granted your explicit consent with the privacy policy contained in this section 10.

 

Please see our privacy policy by clicking here.

 

12. Content Liability 

 

12.1. KLETA MOBILITY, S.L., its services and all information, content, materials, products and other services included on or otherwise made available to you are provided on an “as is” and “as available” basis, unless otherwise specified in writing. You expressly agree that your use of the Kleta is at your sole risk.

 

You may not be fully liable (not have to pay for the damage) in respect of losses caused by KLETA MOBILITY, S.L.: (i) by acting intentionally or with gross negligence, (ii) in respect of defects which have been fraudulently concealed, and (iii) in the event that we expressly assume a guarantee as to quality. Any more extensive liability for us is excluded. 

 

12.2. KLETA MOBILITY, S.L. does not accept liability or responsibility for personal injury to, or the death of any participant howsoever caused unless by the proven negligence of the company, its employees or suppliers. Furthermore, KLETA MOBILITY, S.L. is not held responsible for accidental injury or death caused by another party using your Kleta. In addition, the company is not liable for death, injury or illness caused by you during the Subscription period. The company does not accept claims for medical bills or expenses during the medical treatment of its customers. 

 

12.3. We shall not be liable without being at fault in respect of defects in the Kleta which exist at the start of the Subscription Period. 

 

13. Final Provisions 

 

13.1. We have not entered into any collateral agreements with you, whether written, oral, or implied. 

 

13.2. We can amend these KRT at any time for technical, commercial or legal reasons with effect for the future. You can agree to the amendment or object to it prior to it taking effect; however, your agreement shall be deemed to have been given if you do not object to the amendment before it takes effect. We will draw your attention specifically to this in our notice of amendment. We reserve the right to terminate your Subscription if you object to an amendment to these KRT. 

 

13.3. In the event that a provision of these KRT is or becomes wholly or partially void, invalid, impracticable, or unenforceable, the validity and the enforceability of the remaining provisions of these KRT shall not be affected. In those circumstances, we and you shall be obliged to agree on a provision to replace the defective provision which comes as close as possible to what we and you would have agreed if we had realized that the provision was defective, taking into account the spirit and purpose of these KRT and within the scope of what is legally possible. The same applies to any gaps in the regulations in these KRT.
 

13.4. Your Subscription and these KRT, as well as all rights arising out of or in connection with them, shall be exclusively subject to Spanish law excluding those rules of private international law which lead to the application of the law of a country other than Spain. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. 

 

13.5. Unless otherwise stated, KLETA MOBILITY, S.L. owns the intellectual property rights for all materials, content and trademarks. All intellectual property rights are reserved.

 

13.6. The jurisdiction of the courts over disputes between you and us in connection with your Subscription and these KRT shall be governed by the statutory provisions. If, after concluding the contract, you move your domicile or habitual residence to another country outside Spain, we can bring proceedings against you before the courts in Barcelona. 


 

www. kleta.es 

 

August 2020

 

Barcelona

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