USE CONDITIONS

Our wesite is: https://mouters.com.

Thanks for visiting Mouters. Mouters is a platform that will help you compare motorcycle and electric vehicle rental companies with just one click. Our website allows you to check and compare among the best rental companies and always helps you find the best prices, vehicle models to choose from and your closest rental points. This is why Mouters is the best option for renting both at a daily and monthly basis.  We are strong believers in sustainable mobility and so we also offer rental of  electric power vehicles. Mouters will help you find the best rental options by saving time and money.

. Read these terms and conditions and give us your agreement to use our services.

1. GENERAL INFORMATION

MOUTERS, property of MOUTERS CITYBIKE BCN, S.L. (hereinafter, “MOUTERS”) has established these general terms and conditions of use (hereinafter, “General Terms and Conditions”) for the purpose of regulating access and use of this website www.mouters.com, and at the domains www.mouters.es and www.mouters.cat (hereinafter, “Web/Platform”).

The aim of MOUTERS is to provide motorcycle rental services online, through the Web/Platform and application available, by connecting companies/rental companies offering to rent a motorcycle without a driver (hereinafter referred to as the Lessor in the singular, Lessors in the plural), with other persons or companies wishing to rent a motorcycle for a specified period of time, thus becoming the main driver (hereinafter referred to as the Lessee in the singular, Lessees in the plural). MOUTERS will only process the payment related to the motorcycle rental. MOUTERS does not intervene in the execution of the services contracted through the Web/Platform, the Users being solely responsible for the correct provision of the services, according to the features announced on the Web/Platform.

The use and navigation through this Web/Platform confers the condition of User of the same. The Lessors, Lessees and, in general, any person using the services through the Web/Platform, are considered Users. It is for this reason that we advise you to read it carefully in order to use it correctly, since the mere use of the same implies the full, unconditional and irrevocable acceptance of these General Terms and Conditions, and any use contrary to the one foreseen here is totally forbidden, and may generate responsibilities towards the owner of the Web/Platform. It is the obligation of the Users accessing the Web/Platform to know these General Terms and Conditions and to consult them regularly, as they may be subject to modification by MOUTERS without prior notice.

These General Terms and Conditions do not govern the relations between the Lessors and Lessees, which will be subject to the rental contract, they simply govern the relations between MOUTERS and the Users. As the developer of the interconnection software, MOUTERS is not a party to the rental agreement between the Lessor and the Lessee. MOUTERS does not rent any motorcycles, whether through the Web/Platform, the application or the services or in any other way, and its only activity is to connect the Users to the motorcycle rental.

The User declares to have received all the necessary informative and technical characteristics prior to accessing and using the service.

The User will not be able to use the service without first knowing and accepting the General Terms and Conditions during the registration process on the Web/Platform.

These General Terms and Conditions express the entire agreement between the Users and MOUTERS, in relation to the services at the time the User accesses and uses the service. Only these General Terms and Conditions are binding for and enforceable against Users and MOUTERS, unless otherwise agreed in another agreement with MOUTERS.

2. IDENTIFICATION DETAILS

In compliance with the duty of information contained in Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following data is reflected below:

The company that owns the web domain is MOUTERS CITYBIKE BCN, S.L., with registered address for this purpose at Calle Secretari Coloma, nº 84, 2º 3ª, CP 08024 Barcelona, Spain, with C.I.F. number. B67179903, registered in the Barcelona Commercial Registry, Sheet B-516076 Volume 46309 Page 18. Web site contact email: admin@mouters.com

The information and contents that are gathered in our Web/Platform are property of MOUTERS. Their obtaining, reproduction, distribution, transfer, transmission, transformation, modification, exploitation or public communication for purposes other than those provided for herein, is strictly prohibited.

3. GENERAL DESCRIPTION OF CONTENTS AND SERVICES OF THE WEB/PLATFORM

MOUTERS services consist of the Lessors‘ needs to contact the Lessees for the rental of their motorcycles, receiving and confirming rental requests between the Lessors and the Lessees, and processing payments in relation to the contracted services, through the Web/Platform.

When MOUTERS provides the Lessee with a rental motorcycle, it is operating as a motorcycle provider. MOUTERS manages rental services with different companies, so booking with MOUTERS is also subject to the terms and conditions of the rental company and the corresponding regulations of the country and/or state in which the rental takes place. The reservation may also be affected by individual restrictions.

MOUTERS will provide a motorcycle either directly or as an agent. The quality in which it will operate will vary according to the relationship with the motorcycle rental company. In addition, some motorcycles may be booked and paid for directly through the MOUTERS Web/Platform, and others through the website of the chosen rental company.

These terms will apply to any booking that the Lessee makes with MOUTERS through the Web/Platform, so we recommend that you carefully read its contents. Both these General Terms and Conditions and those of the rental companies we work with contain certain disclaimers and limitations of liability.

The booking is subject to the Lessee‘s acceptance of these General Terms and Conditions. By confirming that you wish to book a motorcycle via the Web/Platform, you express that you have read, understood and accepted the corresponding General Terms and Conditions. If there is any section that you, the Lessee, do not clearly understand, or if you have any queries about motorcycle rental, please contact us: admin@mouters.com.

MOUTERS will be able to receive and confirm requests for rental services and, if requested, help to carry out the necessary proceedings to ensure that all services are carried out in compliance with the law.

MOUTERS has no power of any kind over the decision of the Lessor when accepting or rejecting a service. The acceptance of the services corresponds exclusively to the Lessor at all times.

The services provided by MOUTERS include:

a. Interconnection

MOUTERS provides an interconnection platform between Lessee looking to rent a motorcycle and Lessor looking to rent their motorcycle. MOUTERS is an intermediary that is not part of the rental transaction that takes place between the Users.

MOUTERS provides the Users with tools that allow this interconnection. These tools allow you to publish content online (ads, photos, information, etc.), communicate with other Users and then make an informed decision about renting your motorcycle or renting another User’s motorcycle.

b. Management of payments

Through Stripe, its payment management partner, MOUTERS manages the payments that one User owes to another for the rentals made.

MOUTERS works in partnership with other companies to manage payments. By accepting these General Terms and Conditions, the User also accepts the terms and conditions of our payment service provider Stripe (https://stripe.com/es/legal, see the link for the same country that has registered in the account in MOUTERS).

When using Stripe, MOUTERS is required to comply with its KYC (“Know Your Customer”) policy. Therefore, MOUTERS will not be able to pay the amounts owed to the Lessor, if he refuses to provide the information or documents requested.

c. Invitation Program

The MOUTERS Invitation Program allows Users to obtain discount codes (“Credits”) for future rentals by referring friends to their full MOUTERS enrollment using a personalized enrollment link.

d. Special offers and promotions:

Occasionally, MOUTERS may send special offers and promotions to Users, and they may use them on the  , subject to the specific terms and conditions of each.

The services provided by MOUTERS do not include:

a. Rental agreement

MOUTERS does not provide or participate in the rental agreement between the Lessor and the Lessee. The rental agreement will be provided by the rental company chosen by the Lessee through the Web/Platform at the time of delivery of the motorcycle.

These agreements contain a set of rules and equitable measures between the obligations of the Lessor and those of the Lessee in order to allow a correct development of the rentals. Each rental company will have its own rental agreement and its own terms and conditions.

MOUTERS is a third party in the rental agreement entered into between the Lessor and the Lessee. Therefore, MOUTERS will not be subject to the obligations contained in the agreement, nor will it be liable for possible breaches.

b. Insurance

 MOUTERS does not provide insurance products, the same will be offered by each rental company. Read carefully the insurance information offered by the rental company through the Web/Platform. For greater peace of mind, we recommend that you familiarize yourself with the coverage included in your booking.

These insurances allow the Lessor to cover possible damages caused by the Lessees, and the Lessees to reduce the amount at their expense if their liability is determined.

c. Management of the security deposit

MOUTERS does not manage warranty deposits. When picking up the motorcycle, the rental company will ask you to leave a deposit in case the motorcycle is damaged during the rental.

Most rental companies require a deposit to cover fuel, excess/deductible and other additional charges that may arise during the rental. To do so, the company will require a valid credit card in the name of the main driver. The deposit will be refunded at the end of the rental as long as the motorcycle is returned in the same condition in which it was delivered and the fuel policy is met. Please note that there may be a delay of up to 14 days until the return is shown on your credit card.

d. Accidents and/or mechanical failure

 In case of breakdown or mechanical failure, you should call the rental company immediately. The company must authorize any repair or management of a replacement motorcycle. If you are involved in an accident, you should call the local authorities and the rental company. MOUTERS advises you to keep copies of all relevant documents, as they are a prerequisite for any claim you wish to make.

The booking of any motorcycle is subject to the terms and conditions established by the rental company and the applicable regulations of the country and/or state in which the rental takes place. The Lessee must comply with both these General Terms and Conditions and those of the rental company.

MOUTERS is not responsible for any loss, damage, alteration, delay or change arising from any civil, labor (such as a strike) or air traffic control dispute, or from terrorist activities, natural or nuclear disasters, fires or adverse weather conditions, technical problems with transportation, closure or congestion of airports and ferry ports, cancellation of scheduled flights or financial deficiency of airlines.

4. PAYMENT OF THE SERVICE THROUGH THE WEB/PLATFORM

The User will be able to access the payment for the services contracted through the Web/Platform, following all the steps of the contracting procedure marked by the Web/Platform. The tariff applied to the service will be the one that results at the end of the payment gateway according to the variables applicable at any given time, keeping the User totally free to accept or reject the tariff. At the time of payment, the User may make payment by PayPal, and the amount will be retained by the Stripe payment gateway (https://stripe.).com/en/legal) available on the Web/Platform, until the Lessor has effectively delivered the selected motorcycle to the Lessee, and in the case of an electronic motorcycle service, at the moment the Lessee accesses the motorcycle through his/her Smartphone. Likewise, the Web/Platform contracting gateway will inform the User, once the contracting procedure has been completed, via e-mail, of all the relevant characteristics of the contracted service. If the User does not receive the confirmation email within twenty-four hours (24h) after the payment has been completed, it will be the User’s responsibility to confirm the approval of the transaction with MOUTERS.

5. ACCESS, USE AND OPERATION OF THE WEB/PLATFORM

5.1 Conditions

Access to and use of the Web/Platform is subject to and shall therefore be governed by all of the provisions of these General Terms and Conditions. The access and use of the Web/Platform by the User is public and free of charge, and no subscription or registration is required to view it. Nevertheless, the contracting of the services offered through the Web/Platform will require the User’s registration in the terms described below, after acceptance of these General Terms and Conditions.

In this sense, it is expressly stated that mere access and use of the Web/Platform confers the status of User (hereinafter, the “User” in the singular), and the “Users” in plural) of the Web/Platform and implies the full and unreserved acceptance by the User of the full content of the General Terms and Conditions, in the version published on the Web/Platform at the time of such access. Consequently, the User, under his or her responsibility, must carefully read all the general terms and conditions each time he or she intends to use the Web/Platform, refraining from accessing the Web/Platform if he or she does not agree.

The aforementioned conditions shall apply regardless of the General Terms and Conditions of Business that may be mandatory.

The access to the Web/Platform is free except for the contracting of the offered services, sections for which an access password will be required, which will be granted by MOUTERS to the User. In order for the User to be able to effectively access the sections reserved for Users, he or she must proceed to prior registration using the available registration form. Once registered, the User will have a user name or “login” and a “password” or password, which make up the password that will allow him/her to be identified as a registered user and authorized to access confidential information relating to the private area of the Web/Platform. Also, to access as a User you must identify yourself in the section of the Web/Platform enabled for this purpose with your user name and password. The use of passwords and identification data of third parties is strictly prohibited, regardless of how such data and passwords were obtained.

Passwords for access to the services offered on this Web/Platform must be kept by the User with the utmost diligence and responsibility, in order to prevent the password from falling into the hands of a third party, such passwords being confidential for all purposes.

Should the User have any suspicion that the passwords may have fallen into the hands of a third party not authorized to use them, he must notify MOUTERS urgently so that it can proceed to modify them, indicating the new password selected by the User in the field indicated in the section enabled for this purpose on the Web/Platform.

MOUTERS allows registration on the Web/Platform through synchronization with third party services (e.g. Log-In with Facebook, Google and Twitter account). MOUTERS cannot guarantee the identity of registered Users, therefore, it will not be responsible for the use of the identity of a registered User by unregistered third parties.

By registering you are accepting the conditions described here, as well as authorizing MOUTERS and associated companies to send you by e-mail or any other means, advertising, communications and/or any other type of notification that MOUTERS deems appropriate.

As a Web/Platform User, you must at all times make appropriate use of the Web/Platform and the services it includes or provides, following the instructions and instructions provided therein, and at all times respecting current legislation and the property rights of MOUTERS. Throughout the use of the Web/Platform, the User’s consent may be requested for the acceptance of additional or specific conditions and/or terms applicable to specific processes or sections. It is the obligation of the Users to read these conditions and/or terms carefully, and only proceed to accept them (by clicking with the mouse on the acceptance section that will appear next to the possible conditions and/or terms) after having fully understood them, and as a sign of their willingness to accept them.

It is forbidden for any User or third party to carry out any action (including the introduction or dissemination of computer viruses) that implies access to data on the Web/Platform or MOUTERS servers and/or that causes damage or alterations to the contents of the Web/Platform, as well as intervene or cause alterations in the email, MOUTERS reserves the right to exclude access to the Web/Platform to any User or third party who violates this prohibition, and to take appropriate measures under the law. Likewise, it is forbidden to prevent the normal use or enjoyment of the Web/Platform by other Users.

The Web/Platform is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local laws or regulations. Persons visiting the Web/Platform are responsible for ascertaining the terms of, and complying with, local laws and regulations that affect them.

MOUTERS reserves all rights in relation to the administration and management of the Web/Platform and the tools and applications that compose it, including, by way of example and not exhaustively, the right to temporarily interrupt its service to carry out maintenance or updating operations, as it deems appropriate, as well as the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those Users who do not comply with these General Terms and Conditions.

MOUTERS will pursue the breach of these General Terms and Conditions, as well as any improper use of its website, exercising all civil and criminal actions that may correspond to it in law.

5.2 Specific access conditions

The services will only be accessible to the Users registered in the Web/Platform, and may only be used by them. To register on the Web/Platform and access the services, Users must meet the following cumulative conditions:

– Be registered on the Web/Platform with your true identity and have provided your true address.

– Have provided a telephone number to contact the Lessee (prepaid SIM cards are excluded).

– Be over 16 or 18 years old for motorcycles registered in Spain.

– Not having created multiple profiles on the Web/Platform.

– Be the holder of a valid driving license in the country where the motorcycle is rented, with an age of more than 1 year.

– Be the holder of a valid means of payment at the time of booking and until the end of the rental period.

– Not have failed to pay any of their obligations under the General Terms and Conditions (or any subsequent version of the General Terms and Conditions) or not have refused any payment made under the General Terms and Conditions (or any subsequent version of the General Terms and Conditions) on the Web/Platform or in the application.

– Not have committed by using a motorcycle rented through the Web/Platform, violations of the highway code that have involved the application of more than two traffic fines or a criminal penalty.

– Not have been declared civil or criminally responsible for a road accident during the last two years.

– Have not had your driving license withdrawn in the last two years.

– You have not been denied insurance or have had your car insurance terminated in the last three years.

– Not have been the object of any claim by other Users or MOUTERS.

– Not be medically incapable of driving.

– Be the main driver of the motorcycle at all times.

– Have accepted these General Terms and Conditions.

5.3 Age of majority

By accessing and using the Web/Platform, the User declares that he or she is of legal age, in accordance with his or her own law, and guarantees that he or she has sufficient legal capacity to be bound by these General Terms and Conditions, as well as to use and, where applicable, contract through the Web/Platform, in accordance with the particular terms and conditions that apply.

5.4 Modification and Updating of the Web/Platform and the General Terms and Conditions

MOUTERS may modify these General Terms and Conditions at any time by e-mail, or through the internal messages section of the Web/Platform or by publishing the modified terms on the Web/Platform. All amended terms will automatically become effective thirty (30) days after they are posted.

However, without prejudice to the provisions of the previous paragraph, MOUTERS reserves the right to modify and update the information contained in the Web/Platform, as well as in these General Terms and Conditions or in the particular terms and conditions, at any time and without prior notice, being the responsibility of the User to review them at the time of each access and/or use, since the use of the services will mean their acceptance in the version of the General Terms and Conditions or specifics that are valid at the time of use or hiring.

MOUTERS wants to offer a Web/Platform operation with the highest availability and quality. However, the maintenance and updating of the tools and contents of the Web/Platform requires interventions on the same that may lead to temporary suspension of its availability. The policy of MOUTERS is to schedule such maintenance and updates at times of reduced traffic to minimize the effects on users, without prejudice to the discretionary power of MOUTERS to carry it out at any time. However, MOUTERS reserves the right to temporarily suspend, and without prior notice to the Users, the accessibility of the Web/Platform to carry out maintenance, repair, updating or improvement of the services, information and contents, as well as to modify or update the information, contents and access conditions of the same.

5.5. Functioning of the Web/Platform and Application

a. Reservation, confirmation and payment process

In order to make a booking through the Web/Platform, MOUTERS and/or, when necessary, the rental company will ask the User for certain data relevant to his/her booking. These include, but are not limited to, your credit card details and other personal identification data. The User accepts that such data will be treated in compliance with our Privacy Policy and that all data provided by the User for this purpose will be accurate, up to date and complete. You also agree to pay all charges due by you or any User of your account, credit card or other payment mechanism at the rate or price then existing. The User will also be responsible for paying any tax that may apply to their purchases.

MOUTERS will verify the data provided before accepting the booking, purchase or request. Except as required by law or unless expressly stated otherwise, the price, tariff and availability of our products and services are subject to change without notice. The User acknowledges that bookings, purchases and services requested are subject to additional terms and conditions enforced by MOUTERS or the rental company.

The User will confirm the booking by clicking on “Reserve/Buy” and making the corresponding payment through the Web/Platform, until then the offer will not be considered accepted.

Once the offer has been confirmed and the requested payment has been received, MOUTERS will accept the offer and issue a confirmation voucher/electronic voucher.

In most cases, MOUTERS operates as an intermediary between the Lessor and the Lessee, i.e. MOUTERS accepts the offer on behalf of the rental company.

Most of the time, MOUTERS will confirm the booking immediately. However, sometimes it may require the rental company to confirm the availability of the motorcycle. If the booking requires such a procedure, MOUTERS will inform the User and temporarily block the cost of the booking instead of charging for it. MOUTERS will contact the User as soon as the rental company confirms the availability of the motorcycle, and will proceed to charge the amount of the card.

The User can cancel the payment at any time prior to confirmation. To do so, all you have to do is access the “RESERVATIONS” section and follow the instructions.

Exceptionally, some companies may not be able to confirm the availability of the motorcycle. Should this occur, MOUTERS will inform the User and unblock the amount retained on their card.

When booking a motorcycle or any other product through the Web/Platform, MOUTERS will send the User an email to confirm its availability within 48 hours (or at least 24 hours before the rental pick-up time). A confirmation of the booking will then be sent.

Please note that there will be no valid agreement until the booking has been confirmed and collected. Such agreement will always be established with the person making the booking, and all correspondence related to the rental will be addressed to that person, even if it is not the motorcycle driver.

MOUTERS is responsible for any loss that the User suffers as a direct result of their breach of the agreement, provided that these losses are a foreseeable consequence of their actions. Damages are foreseeable when they could be contemplated by both the User and MOUTERS at the time the agreement was entered into. MOUTERS is not liable for indirect damages that occur as a secondary result of the main damage or loss and that are not foreseeable by the User or MOUTERS. Nor is MOUTERS liable, without limitation, for loss of profits, opportunities or any consequential damage or loss.

MOUTERS is not responsible, directly or indirectly, for any failure or delay in performing any of the obligations pursuant to the booking, confirmation voucher/electronic voucher or terms and conditions, in the event that this failure is delayed, hindered or prevented by a force majeure event. If the circumstances of force majeure last for more than 14 consecutive days, we may cancel and invalidate your booking. If this is the case, we will give you 14-day notice and send you a notification to the billing address provided in your booking, in addition to refunding the total amount paid.

MOUTERS reserves the right to cancel the booking on limited or immediate notice in certain extreme circumstances, such as the bankruptcy of the rental company selected in the booking. Whatever the situation, we will endeavor to find an alternative motorcycle. However, this will not always be possible in periods of high demand. If the User has paid the full amount of their booking and MOUTERS notifies them at least 48 hours before the start of the rental, a refund will be made of the total amount previously paid. In the unlikely event that the User is notified less than 48 hours in advance, a full refund will also be made and any loss suffered by the User as a result of our breach of contract will also be covered. In the case of a paid booking with initial deposit, the User will be notified at least seven days in advance and a full refund of the deposit will be made. In the event that the User has booked through an initial deposit and is notified less than seven days in advance, a full refund of the deposit will also be made and any loss suffered by the User as a result of our breach of contract will also be covered.

b. Required documents

MOUTERS will send the confirmation voucher/electronic voucher to the Lessee once the Lessor confirms the booking and the payment is made in full.

If the Lessor refuses to hand over the motorcycle because the Lessee does not have a credit card or does not have the required documents, it will be considered as a “no-show” and will not be entitled to any kind of refund. Be sure to carry your confirmation/electronic voucher, a valid driver’s license and other form of identification.

Drivers must provide a driver’s license that is at least one year old (some companies require two years of seniority).

In addition, the Lessee must notify MOUTERS of any sanction held on their license and MOUTERS reserves the right to refuse the booking on the basis of the terms and conditions required by the rental company. Drivers must carry their driving license with them at all times, in case of inspection by the local authorities. MOUTERS will not refund any rentals that have been rejected by the rental company due to lack of documents or unannounced sanctions.

6. RENTAL, CANCELLATION AND REFUND AND BOOKING CHANGES

a. Interconnection

The Lessee will be able to access the advertisements published by the Lessors directly through the Web/Platform, by means of the access and search tools made available to them. The Lessee may contact the Lessor by e-mail to request additional information, also by MOUTERS’ internal messaging system and, in some cases, by SMS. The User must take into account that for reservations of the Immediate Reservation type, the Lessee cannot contact the Lessor of the motorcycle before the reservation of the motorcycle.

Once the motorcycle of interest has been identified, the Lessee may make a booking request to the Lessor.

In this case, the Lessor will be informed of the reservation request by e-mail, SMS or by sending a push notification to his Smartphone, and will decide, at his absolute discretion, whether to accept or reject the rental.

b. Cancellation and Refund

The User may at any time cancel a rental booked on the Web/Platform. This cancellation must be made on the Web/Platform in the “RESERVATIONS” section.

The User can cancel his booking free of charge until 24 hours after the payment of the same on the Web/Platform. If the notice of cancellation is made less than 24 hours in advance, the full amount will be charged.

c. Booking Changes

There will be no charge if the User wishes to modify the booking before the start of the rental. However, this excludes any change in price caused by a major change in the booking, such as its duration or the type of motorcycle requested, and also does not include rate changes established by the rental company once the original booking is confirmed. In the case of certain changes, such as the driver’s name or pick-up office, some companies may require you to cancel the reservation and make a new one. Terms and conditions vary from rental company to rental company and are clearly specified during the booking process.

Occasionally, MOUTERS or the rental company may require changes to the booking once confirmed. In any case, the User will be informed of this as soon as possible and before the pick-up date. If you do not accept the proposed changes, we will offer you a full refund of the amount of your booking. However, in such circumstances, we will not be liable for any loss, direct or indirect, that the User suffers as a result of such changes.

d. Complaints

If the Lessee is not satisfied with the quality of the motorcycle, he/she must inform the Lessor before taking the motorcycle. It is difficult for MOUTERS to assess any complaints regarding the condition of the motorcycle if this is not addressed during the rental period. If you are not satisfied with the service received, please contact our “Customer Service” department within three months of the end of your rental.

7.RIGHTS AND OBLIGATIONS OF THE USER

7.1 User rights

The User will be able to access free of charge and without the need for prior authorization to the contents and services of the site available as such, without prejudice to the particular technical conditions or the need for prior registration with respect to specific services and contents intended for MOUTERS’ clients, as determined in these General Terms and Conditions or in the particular terms and conditions of said services.

 

7.2 Obligations of the user

7.2.1 Accuracy of information

The User states and undertakes that all the information provided by him/her in the course of using the Web/Platform is correct, true, complete, accurate and that he/she is authorized to disclose it.

7.2.2 Compliance with the law

The User undertakes to use the Web/Platform in accordance with current legislation, with the provisions of the General Terms and Conditions and the particular terms and conditions, when these are applicable, as well as with morals, good faith and public order.

The User undertakes to refrain from using the Web/Platform for illicit purposes, contrary to the provisions of the General Terms and Conditions and the particular terms and conditions that apply, or in a manner prejudicial to the rights and interests of MOUTERS or third parties.

MOUTERS reserves the right to cease, interrupt, deny or withdraw access to and/or use of its Web/Platform, at any time and without prior notice, to any User who fails to comply with these General Terms and Conditions and/or the particular terms and conditions when applicable.

7.2.3 User Responsibility

The User shall use the Web/Platform and its contents under his/her sole and exclusive responsibility.

The User shall be liable for damages of any kind that MOUTERS may suffer as a direct or indirect consequence of the User’s non-compliance with the General Terms and Conditions and/or with the particular terms and conditions when applicable.

8. GUARANTEES OF USE OF THE WEB/PLATFORM

MOUTERS does not ensure the availability and continuity of the functioning of the Web/Platform and of the products, services or contents offered in the same, nor that the existing content in its Web/Platform does not contain errors or is not updated, being exonerated of all responsibility for the damages of any nature that can originate by such circumstances. MOUTERS will carry out, as long as there are no circumstances that make it impossible or difficult to execute, and as soon as it becomes aware of the errors, disconnections or lack of updating of the contents, all those tasks aimed at correcting the errors, restoring access and updating the referred contents.

Likewise, MOUTERS does not ensure the technical reliability of its Web/Platform, nor the access to its different pages, nor the reliability of the contents provided by third parties through the Web/Platform, being exonerated, to the extent permitted by current legislation, from any liability for damages of any kind that may arise from the lack of certainty, veracity, availability, continuity, legality, updating and nature of the information provided.

MOUTERS states and ensures that its Web/Platform has the necessary technology to date, for the access and/or use of the same one. However, MOUTERS does not ensure the possible existence of viruses or other harmful technological elements introduced by third parties that may cause alterations in the User’s computer systems.

9. PERSONAL DATA AND COOKIES

On the one hand, the personal data introduced by the User will enjoy the rights and warranties established in the Privacy Policy and, on the other hand, the provisions of our Cookies Policy will apply with regard to the storage of cookies.

10. INTELLECTUAL PROPERTY RIGHTS

MOUTERS is the holder or licensee of the intellectual property rights that fall on the source code, the contents and the design of the Web/Platform.

All contents of the Web/Platform (including, but not limited to, databases, trademarks, logos, trade names, images, drawings, graphics, text, audio, video and software files) are the property of MOUTERS, or MOUTERS has been duly authorized for use, and are protected by national or international intellectual property laws. The compilation (understanding as such the collection, arrangement and assembly) of all the content of the Web/Platform is the exclusive property of MOUTERS, and is protected by national and international intellectual property rules.

Likewise, the User who intends to share any type of content through the Web/Platform, grants MOUTERS a non-exclusive, free and worldwide license, limited to the reproduction and public communication of said content through the provision of the services of the Web/Platform.

The use of the present Web/Platform does not confer on the Users any right of exploitation of any kind, nor their ownership of the contents of the same, nor their intellectual property. The rights of use of Users or third parties shall be limited to those expressly recognized in these General Terms and Conditions, or recognized dynamically during the use of the Web/Platform by the User.

The transformation, reproduction, exploitation, distribution, public communication and/or assignment, whether for a fee or free of charge, of any of the contents of the Web/Platform is strictly forbidden.

Unless otherwise expressly stated in these General Terms and Conditions, the copying or reproduction, in whole or in part, of the contents of the Web/Platform, either in the language originally published or in its translation into another language, is prohibited, as are derivative works and any public disclosure, except with the prior written consent of MOUTERS. In no case, the public disclosure of the contents of the Web/Platform by MOUTERS will be considered as a waiver or transfer of rights.

MOUTERS expressly reserves against Users and other third parties the right to take any action that may protect their legitimate intellectual property rights.

The use of the intellectual property of third parties in the content of the Web/Platform should not be construed as granting their endorsement, support or is in any way associated with MOUTERS.

MOUTERS is a trademark owned by MOUTERS CITYBIKE BCN, S.L. It is strictly forbidden, except with the prior written consent of MOUTERS, any other use of the content of the Web/Platform, as well as its own design, configuration and form of exhibition, including but not limited to, the reproduction, modification, distribution, commercialization, transmission, subsequent publication, exhibition or total or partial representation of the same, either for commercial or merely informative purposes.

11. CONTENTS OF OTHER WEBSITES

The Web/Platform may make available to Users links to other websites managed by third parties, through technical devices such as, among others, hypertext links, banners, buttons, directories and any other search tool that allows the User to access websites other than the Web/Platform or third-party websites (hereinafter, “Links”). The use of Links does not imply any association with MOUTERS, unless expressly stated otherwise, nor does it imply the acceptance, endorsement or recommendation by MOUTERS of the contents or services offered by them, nor any warranty whatsoever to the User. Therefore, the User must evaluate under his responsibility the navigation to the other websites through these Links, being MOUTERS exonerated of all responsibility in relation to the information, data, files, products, services and any kind of material existing in the pages accessed through the Links.

Likewise, all those Links between any website and the Web/Platform do not imply, by their mere existence, any legal relationship between the Web/Platform and the website that incorporates such Links, nor the knowledge and acceptance by MOUTERS of their existence and content.

12. CONFIDENTIALITY

Any information to which the Users may have access, which has indications of confidentiality and which is not of a manifestly public nature or which becomes public property without breach of an obligation of confidentiality towards MOUTERS, shall be considered confidential, may constitute a trade secret of MOUTERS and/or of the companies with which it has agreements, and may not be disclosed or publicly communicated without the prior written consent of MOUTERS.

13. LIABILITY DISCLAIMERS

To the extent permitted by current legislation, MOUTERS disclaims all liability, including but not limited to, any liability arising therefrom:

  1.  Of any error, suppression, delay or anomaly that may occur in the transmission and operation of the Web/Platform, as well as in the provision of the services or products contracted by the Web/Platform, which have their origin in causes of force majeure or fortuitous, as well as any other cause beyond the good faith of MOUTERS (whether Internet problems, computer errors, telephone breakdowns, hackers, etc.), or that it was caused by the User’s bad faith.
  2. The inappropriate use that Users may do of the Web/Platform or the websites linked to it, and which may result in an infringement of intellectual property rights, or other civil or criminal offences.
  3. Claims by third parties arising from or related to the User’s misuse of MOUTERS’ services or products.
  4. Of the acts or omissions of third parties, regardless of whether they may have a contractual relationship with MOUTERS.
  5. The access and use of the Web/Platform to inappropriate content, as well as the sending of data by minors, without the consent of parents or guardians, when required by law, it being the responsibility of the parents or guardians to exercise adequate control so that the minors in their care prevent access and use of inappropriate content.
  6. Of the errors or omissions, or outdated contents published on the Web/Platform, although MOUTERS undertakes to regularly review the content of the Web/Platform.
  7.  Of the uncertain, imprecise, incorrect or incomplete data provided by the User that prevent the transmission of the products or services contracted and/or contact with the User.

In accordance with the provisions, MOUTERS has no obligation to verify and does not verify the identity of the Users, nor the veracity, validity, completeness and/or authenticity of the data provided by them. MOUTERS excludes any liability for damages of any kind that may be due to the illegal use of the Web/Platform by Users or that may be due to the lack of truthfulness, validity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, about the services offered for contracting them through the Web/Platform, as well as for damages of any kind that may be due to the impersonation of a third party by a User in any kind of communication made through the Web/Platform. Likewise, the User acknowledges and accepts that MOUTERS is not obliged to carry out a background check on its Users, including therefore the Lessors and the Lessees, and does not ensure, under any circumstances, the solvency of the Users, including the Lessees, even when the warranty deposit service is used.

MOUTERS also does not control the information entered by the User in its ads or evaluations. The User shall be considered the author of the content of the advertisements and evaluations solely and exclusively and the said content shall be the User’s sole and absolute responsibility. The User agrees to tell the truth, to evaluate with criteria. MOUTERS will in no case be responsible for the false, incorrect, inadequate or illegal information that the User may provide.

Without prejudice to the foregoing, MOUTERS reserves the right to limit, totally or partially, access to the Web/Platform to certain Users, as well as to cancel, cease, block or eliminate certain types of content, through the use of technological instruments suitable for this purpose, if it has actual knowledge that the activity or information stored is illegal or that it harms the property or rights of a third party. In this regard, MOUTERS will be able to establish the necessary filters in order to avoid that through the service illicit or harmful contents can be poured in the network.

MOUTERS will not be liable in the event of interruptions in the service, connection errors, unavailability or deficiencies in the Internet access service, or for interruptions in the Internet network or for any other reason beyond its control.

MOUTERS is also not responsible for any security errors that may occur nor for any damage that may be caused to the User’s computer system (hardware and software), files or documents stored therein as a result of the presence of a virus in the User’s computer system or mobile terminal that is used to connect to the services and contents of the Web/Platform or a malfunction of the browser or the use of outdated versions thereof.

The responsibility of MOUTERS for the use of the Web/Platform towards the Users, registered or not, will be limited to the amount that they have effectively paid for the use of the Web/Platform, or if the applicable legislation in force does not allow it, all the responsibility that the aforementioned legislation effectively allows will be excluded.

The Web/Platform may contain hyperlinks or references that link to third party websites and/or activities. MOUTERS is not responsible for the content, materials, services or any other element of third parties, nor for the proper or continued operation of the hyperlink.

With the aim of providing a better service to the User, MOUTERS is committed to make the best efforts to solve problems and incidents that may arise in the performance of the Web/Platform.

14. DISPUTE RESOLUTION

The User exempts MOUTERS, as well as the administrators, agents, subsidiaries, associates and employees of MOUTERS from any liability for any claim, demand or damage of any kind that may arise as a result of a dispute between the Lessor and the Lessee, in relation to the performance or quality of the services contracted.

Without prejudice to other provisions of these General Terms and Conditions and in accordance with the regulations, MOUTERS may be held liable in the event of gross and deliberate negligence by MOUTERS, its legal representatives or its employees. The same shall apply if it is shown that MOUTERS’ liability could have directly influenced the endangerment of the lives of others. In general, MOUTERS may be held liable in the event of failure to comply with its basic obligations to Users due to MOUTERS fault, its employees or its legal representatives. In the event that MOUTERS is recognized as liable, it will be limited to certain, direct and foreseeable damages. Any other liability of MOUTERS is excluded. The same exclusion shall apply to the personal liability of legal representatives and employees of MOUTERS.

In the event that a dispute arises between Users of the Web/Platform, MOUTERS requests that you use its Customer Service channel beforehand by sending an e-mail to the following address: admin@mouters.com, detailing the reasons for the dispute and providing all the documentation that may be of interest. MOUTERS will analyze the reasons and reasoning provided by both parties, and will make its best efforts to provide a solution for all parties and in the shortest possible time.

15. OTHER ARRANGEMENTS

MOUTERS and the Users, Lessors and Lessees (hereinafter the “Parties”), are independent. Neither Party may make any commitment on behalf of and for the account of the other Party. Each Party shall act in its own name and on its own behalf. Nothing in these General Terms and Conditions shall imply that any partnership, order, agent or employee-employer relationship is created between the Parties.

Under no circumstances may the User assign the General Terms and Conditions, including the rights and obligations contained therein, to a third party.

Where a Party does not invoke an agreement or obligation of the other Party, it shall not be construed as a waiver of such agreement or obligation in the future.

For the purpose of complying with the General Terms and Conditions, the Parties agree to carry out the election of residence according to the following conditions:

– For MOUTERS, at the address of its registered office, as indicated in paragraph 2.

– For the User, at the address entered at the time of registration.

In the event of a dispute concerning the interpretation or application of these General Terms and Conditions, the Parties undertake to seek a friendly solution by sending an e-mail to admin@mouters.com.

16. NULL AND VOID

If any provision of these General Terms and Conditions is stated, in whole or in part, null and void or ineffective, such nullity or ineffectiveness shall affect only such provision or part thereof that is null and void or ineffective and the rest of the General Terms and Conditions shall survive, and such provision or part thereof shall be deemed to be affected by such nullity or ineffectiveness, except that, because it is essential to these General Terms and Conditions, the following shall be deemed to be null and void

Further, if all or any part of these General Terms and Conditions is void, unenforceable or illegal in any jurisdiction, the provision in question or, if permitted, the relevant part of that provision shall be void with respect to that jurisdiction. The remainder of the General Terms and Conditions shall remain in force, and the validity or enforceability of such provision in any other jurisdiction shall not be affected. This provision shall not be effective if the severability affects the basic nature of the General Terms and Conditions, or if it is contrary to general principles of law.

17. APPLICABLE LAW AND COMPETENT JURISDICTION

The present General Terms and Conditions, as well as the particular terms and conditions, and all those relations that may arise from the access and use of the services and products of the Web/Platform between the User and MOUTERS, will be interpreted and governed in accordance with Spanish Law.

Any controversy that may arise in relation to this Web/Platform shall be resolved in accordance with Spanish law and shall be submitted to the competent Courts and Tribunals.

For those cases in which the regulations allow the parties to submit to a specific jurisdiction, both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the exclusive jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain).

18. MODIFICATIONS

These General Terms and Conditions may be amended at any time, and you agree to continue to be bound by them, including any amendments. Within a period of fifteen (15) days you may expressly notify us of your non-acceptance by writing to the address given in section 2 of these General Terms and Conditions, in which case you will be removed within seven (7) days of the notification. Any changes will be notified by posting the revised General Terms and Conditions on this website. We will not notify those changes to you separately, so we encourage you to review this document periodically.

These General Terms and Conditions supersede any previous version.

19. NOTIFICATIONS

Any notification that MOUTERS wishes to make to its Users will generally be made by email and/or notification through the Web/Platform, sent to the email address provided in the registration process, or the other one that you update after registration through the corresponding section of the Web/Platform. It is the User’s responsibility to ensure that he/she communicates any changes to his/her email address to us. Any notification we send to your email address will be deemed to have arrived at its destination at the time of shipment.

20. TERMINATION

MOUTERS has the right to terminate your use of this Web/Platform if it determines, in its sole discretion, that you have breached the General Terms and Conditions.

Users may, at any time and for no reason, cancel the service by cancelling their User account.