TERMS AND CONDITIONS OF SERVICE

I.        DEFINITIONS AND OTHER RELEVANT MATTERS

“Application/App”

Digital platform owned by guppy, mandatory for the contracting, management and termination of mobility services. The App is the exclusive channel for: (i) User registration; (ii) acceptance of these Terms and Conditions; (iii) reservation and rental of Vehicles; and (iv) any operational communication necessary for the provision of the service. The App requires a compatible device and internet connection, whose technical requirements are specified in the corresponding section. Any supplementary information published on the website (including FAQs) is for informational purposes only, and these Terms and Conditions shall always prevail.

“Password”

Personal, confidential and non‑transferable code created by the User to access the App and their Profile. The User is responsible for safeguarding it and preventing access by third parties. guppy will never request the Password by telephone, email or through unsecured channels.

“Individual Driverless Rental Agreement”

Independent contract executed by the User with guppy each time a rental is initiated, including the specific conditions applicable to the selected vehicle, which are shown in advance in the App. The contract is formalised electronically in accordance with the regulations applicable to digital contracting.

“Pricing Policy”

Contractual document setting out the prices, fees, surcharges and penalties applicable to the Service. It forms an integral part of these Terms and Conditions. Before each rental, the App shall display the total applicable price, which must be expressly validated by the User.

“Service”

Set of mobility services provided by guppy, including: (i) vehicle reservation; (ii) driverless rental by kilometres; (iii) access to availability information in the App; and (iv) user support.
Any additional service will be communicated and must be accepted in advance by the User.

“User Support Service”

Means the telephone or online support service made available to Users by guppy at any given time.

“Website”

Refers to guppy’s website, accessible at www.guppy.es

“Terms and Conditions”

Means this document and any amendments made to it from time to time. They constitute the contract entered into by the parties and incorporate the Pricing Policy as well as the remaining Policies displayed on guppy’s website, all of which are binding on the user. It is important that the User reads and understands these Terms and Conditions before using our service. If the User expressly accepts them without having raised any objection at legal@guppy.es , and subsequently breaches any of their provisions, the User will be liable for such breach and guppy shall not be responsible for the consequences arising therefrom. As a consequence of the User’s breach of obligations, guppy may suspend the service or impose any applicable surcharge or penalty. Likewise, if guppy is required to respond in the first instance for a breach attributable to the User, it may subsequently pass on to the User the consequences of such contractual breach.

The service is contracted entirely at a distance, through electronic means, and is therefore subject to applicable consumer protection regulations, rules on distance contracting and e‑commerce, as well as the general terms accepted by the user at the time of contracting and any other applicable legal provisions.

“User”

Natural person aged 18 or over, with legal capacity to contract and who has created and validated a Profile in the App. There are User categories with specific conditions (corporate users, users linked to Public Administrations or procurement processes), whose particular terms are set out in the relevant agreements and in these Terms.

“User Profile”

Digital identity created in the App, personal and non‑transferable. The User is responsible for maintaining the security of their device and access credentials, except in cases where a technical failure is attributable to guppy.

“Vehicles”

Electric vehicles owned by guppy or by group companies providing the service. guppy guarantees their maintenance, compliance with applicable regulations and the existence of valid compulsory third‑party liability insurance.

“Service Area”

Territory within the Kingdom of Spain, Iberian Peninsula, in which the Vehicles may circulate. The delimitation shown in the App is indicative and does not replace applicable traffic signage. Certain areas within the Service Area may be subject to stop or parking prohibitions under municipal regulations, which the User is responsible for observing.

“guppy Zone”

Operational area in which, in principle, rentals may be started or ended. This does not exempt the User from complying with applicable traffic and parking regulations, any breach of which shall be the User’s responsibility.

“guppy Points”

Exclusive parking spaces enabled by guppy for the collection and termination of rentals. The App will display, at all times, which Points are operational and which vehicles must mandatorily be returned there.

Whenever the User interacts with the App and selects the “Start rental” button, the User enters into a new Rental Agreement for that specific rental and vehicle, based on these Terms and Conditions and the remaining Policies governing the service, which are permanently available on www.guppy.es.

Complaint forms are available to Users for submitting any complaint, suggestion or grievance to guppy. Such forms may be requested by email at legal@guppy.es .

II.     INTRODUCTION TO THE TERMS AND CONDITIONS AND RIGHT OF ADMISSION

introduction and nature of the contract

guppy offers Users a mobility service through the driverless rental of Vehicles available in the App and within the Service Area. The contract between guppy and the User is a distance contract and, where the User qualifies as a consumer, is subject to the applicable consumer protection regulations.

In the event of any discrepancy between the information contained on the website and these Terms and Conditions, the provisions of this document shall prevail.

The Vehicles are owned by guppy or by group companies collaborating in the provision of the service, without this affecting the User’s rights and obligations or guppy’s liability towards the User.

The service is contracted entirely at a distance through electronic means and is therefore governed by the applicable regulations on consumer protection, distance contracting and e‑commerce, as well as the general terms accepted by the User at the time of contracting and any other applicable legal provisions.

Before formalising the contract, guppy provides the User, clearly and accessibly in the App, with the information required under consumer regulations: the main characteristics of the service, the trader’s identity and contact details, full pricing, possible surcharges, contract duration, applicable withdrawal rights, technical means for correcting errors and any other relevant condition.

acceptance of the terms and conditions

To register and use the Services, the User must expressly accept these Terms and Conditions through an affirmative action in the App (“I accept the Terms and Conditions”). The User may download and retain this document on a durable medium at any time.

Acceptance implies agreement with all rules and policies applicable to the Service, including the Pricing Policy, the Privacy Policy and the End‑User Licence Agreement (EULA), always in their current versions.

Any material modification will be communicated to the User with reasonable advance notice via the App or by email, and express acceptance will be required whenever the change affects essential contractual elements.

relationship between the terms and conditions and the rental agreement

Each rental constitutes an independent contract automatically incorporating: (i) these Terms and Conditions; (ii) the Pricing Policy; (iii) the specific conditions displayed in the App before starting the rental (price per kilometre, deposit, return requirements, minimum range, etc.); and (iv) the applicable conditions of the current insurance policy.

Before starting each rental, the App will display a contractual summary which the User must expressly confirm.

amendments to the terms and conditions and the pricing policy

guppy may amend these Terms and Conditions and the Pricing Policy when objective reasons exist, such as regulatory changes, technical improvements to the Service, App functionality updates or operational needs.

Amendments will not have retroactive effect and will be communicated to the User with reasonable advance notice via the App or email. Where the modification affects essential contractual elements, express acceptance by the User will be required. If the User does not accept the new conditions, they may request cancellation of their account without penalty.

user’s right to object

If the User disagrees with any contractual condition, they may communicate their objection via email to legal@guppy.es guppy will review the request and provide, where appropriate, a solution or clarification.

If the objection relates to a recent contractual modification, the User may either accept the new conditions or request deactivation without penalty.

consequences of the user’s breach

A breach by the User of the obligations set out in these Terms and Conditions may result in suspension or limitation of the Service, as well as application of the surcharges set out in the Pricing Policy.

guppy may charge the User for damages and expenses directly arising from such breach, provided they are real, proportionate and duly evidenced, without this entailing any exoneration of guppy where damage results from technical failures, vehicle defects or incidents attributable to the company.

scope and contractual documents

These Terms and Conditions govern all legal relationships between guppy and the User relating to the Service. Each rental constitutes an Individual Rental Agreement incorporating, in the following order of precedence: (a) the Specific Conditions displayed in the App before starting the rental (price/km, deposit or pre‑authorisation, minimum range and any spatial or return limitations); (b) the Pricing Policy; (c) these Terms and Conditions; and (d) where applicable, the conditions of the current insurance policy.

In the event of a discrepancy, the Specific Conditions shall prevail over the Pricing Policy and, in turn, the Pricing Policy shall prevail over these Terms and Conditions.

The Service mainly comprises: (i) User registration and document verification, and (ii) execution of Individual Rental Agreements through the App.

prices, taxes and pre-contractual breakdown

Before starting each rental, the App will clearly display the total applicable price including VAT, including: (i) the price per kilometre or selected modality, (ii) any required deposit or pre‑authorisation and the amount, (iii) special tariffs (e.g., stand‑by), and (iv) surcharges or penalties as set out in the Pricing Policy (extra cleaning, towing, out‑of‑zone return, etc.).

Surcharges and tariffs will not apply retroactively and will only be charged if expressly displayed and accepted by the User before starting the rental.

The App may also display an estimated cost, which is purely indicative and does not replace the total applicable price or the specific conditions of the vehicle.

The User guarantees that the linked payment method allows charging of the amounts due. In case of non‑payment, guppy may charge (i) documented, proportionate management expenses, and (ii) late‑payment interest not exceeding the legal rate plus X percentage points (as per the Pricing Policy), to the extent permitted by law. No charges not previously disclosed and accepted will apply.

See the detailed clause on Prices for further information.

formation of the contract by electronic means

Reservation does not constitute conclusion of the rental contract. The Individual Rental Agreement is formed when the User presses “Start rental” and confirms on the next screen their intention to contract, after viewing the contractual summary (total price with VAT, modality, deposit/pre‑authorisation, minimum range/limitations, return conditions and applicable surcharges).

Before concluding the contract, the App informs the User of the procedural steps and the technical means available to identify and correct errors. After confirmation, the User may download or retain the contract on a durable medium.

The contract is concluded at a distance and is governed by the TRLGDCU and the LSSI‑CE, without prejudice to applicable civil law.

right of admission

guppy may refuse registration or disable a User’s account only when objective grounds exist relating to road safety, the protection of third parties, or the proper functioning of the Service.

Such grounds include: (i) failure to meet the minimum age or documentation requirements; (ii) fraudulent use or attempted document falsification; (iii) driving under the influence of alcohol or drugs; (iv) violent behaviour or conduct endangering others; (v) serious and repeated misuse of the Service.

The decision will be reasoned and proportionate and will be notified to the User together with the channels available for filing objections or complaints.

III. user profile and app usage levels

Downloading the App alone does not imply the conclusion of any rental agreement. The following levels of contractual engagement arise from use of the App and the Service:

First level – App download (no contract) Downloading and initial browsing of the App does not constitute contracting or create any obligation for the User. The functionalities available without registration are limited and may vary for technical or operational reasons, without affecting the User’s consumer rights.

Second level – Creation of a User account and acceptance of the Terms and Conditions To register and use the Services, the User must: (i) expressly accept these Terms and Conditions through an affirmative action in the App; and (ii) provide the information required for identity verification. Identity verification: As a general rule, images of valid identification documents will be required. The use of biometric data (e.g., liveness video selfie) is used solely for identity verification, subject to separate explicit consent, and accompanied by information on purpose, legal basis, minimum retention period and security measures. If the User does not grant such consent, guppy will offer a manual verification alternative with equivalent security guarantees. Valid documentation: For legal certainty and evidentiary reasons, valid physical documents are required. Purely digital credentials do not replace the physical document unless mandatory legislation provides otherwise. The User may download these Terms and Conditions on a durable medium at any time.

Third level – Registration confirmation Activation of the User Profile requires prior and express validation by guppy. In case of refusal, guppy will notify the User in a reasoned and proportionate manner, indicating the rectification process and available complaint channels. Vehicle Reservation does not constitute conclusion of the rental contract. The contract is concluded when the User presses “Start rental” and confirms on the next screen after viewing the contractual summary (total price with VAT, modality, deposit/pre‑authorisation, return conditions and applicable surcharges).

contracting requirements

To enter into a Rental Agreement, the User must: (a) have completed registration and document validation; (b) maintain a valid driving licence and payment method; (c) maintain an active User Profile.

If the driving entitlement document loses validity, guppy may temporarily block the profile with reasonable prior notice, reactivating it immediately once valid documentation is provided.

corporate accounts

When a User accesses the Service under a Corporate Account: (i) the User accepts these Terms and Conditions; and (ii) consents to the transfer to the Corporate Account of the information strictly necessary concerning their use of the Service.

The Corporate Account shall be subsidiarily responsible for amounts generated by authorised users, upon formal request and after 30 calendar days have elapsed without payment by the User, provided the charges are justified and documented. This regime is without prejudice to any specific conditions agreed with the Corporate Account.

service for public administrations

In services contracted by Public Administrations (e.g., Gijón City Council), user registrations and deregistrations are performed by the public entity itself pursuant to the administrative contract. guppy and the public entity shall determine in writing their respective roles (controller/processor or joint controllers), as well as the legal basis for processing, data flows and security measures, in accordance with the Privacy Policy.

prohibition of use by third parties (assignment/impersonation)

The Profile and contract are personal and non‑transferable. Allowing third parties to drive or impersonating another person is prohibited. Breach may result in loss of insurance coverage and application of surcharges set out in the Pricing Policy, without prejudice to compensation for actual damages caused.

IV.                             user registration procedure and creation of the user profile

The User registration procedure includes providing the identification documentation required under these Terms and Conditions so that guppy may verify, in accordance with applicable regulations, whether the User is duly authorised to drive our Vehicles. If the verification is satisfactory, the User will be allowed to enter into the Rental Agreement and use and operate our Vehicles.

Furthermore, the User must be aware that circulation with the Vehicles will only be possible if:

      i.        The User is at least 18 years old and holds a valid and current driving licence, in accordance with the legislation in force in the Kingdom of Spain.

Licences admitted and valid for driving are those listed in Article 21.1 of Royal Decree 818/2009, of 8 May, approving the General Drivers’ Regulations, which may be consulted online.

The validity of licences is subject to the following conditions: (i) they must be valid and unexpired; (ii) the holder must meet the age requirements in Spain for obtaining an equivalent Spanish licence; (iii) no more than six months may have elapsed since the holder acquired normal residence in Spain, duly evidenced. If normal residence in Spain is not evidenced, licences will only remain valid for driving within six months from entry into Spain in a regular situation.

Once six months have elapsed since acquisition of normal residence in Spain without the User evidencing an equivalent Spanish licence or an international driving permit, the Profile may be preventively blocked, with prior notice and an opportunity to remedy. If the User loses their licence or it is withdrawn or driving is prohibited, the right to drive the Vehicles shall cease immediately and the User must notify guppy without delay. The Profile may be blocked until new authorisation is evidenced. Reactivation will be immediate once documentation is verified.

For foreign Users, a valid and current NIE/Passport or residence card must be provided, together with a declaration of the duration of lawful residence in Spain, in accordance with the requirements above. The User must also meet the conditions set by the DGT, which may be verified through the official channels.

In all cases, guppy reserves the right to request a valid and current international driving permit or, where appropriate, to refuse activation if the User cannot evidence the above circumstances.

Guppy reserves the right to require stricter conditions regarding the duration of the driving licence for certain types of vehicles.

     ii.        The User must carry the original authorising documentation at all times and maintain an active Profile. guppy will retain sufficient technical records to evidence essential operations (reservations, rental starts and rental terminations) in accordance with applicable regulations.

Validation of the identification data provided by the User during the registration process will determine the User’s ability to use the Services. Providing such documents is an indispensable requirement for initiating the technological processes incorporated into the App, which enable guppy to review the documentation required for the User to enter into the Rental Agreement in accordance with these Terms and Conditions.

The User is warned that any conduct aimed at falsifying the required documentation shall automatically constitute a breach of these Terms and Conditions and may, depending on the circumstances, constitute a criminal offence under Organic Law 10/1995, of 23 November, of the Spanish Criminal Code. Any falsification or manipulation of documentation may be reported to the competent authorities. guppy will retain and, where appropriate, submit the electronic evidence obtained during verification processes.

registration procedure

Identity verification may include: (i) capturing images of valid documents; and
(ii) a liveness test via video‑selfie.

Processing of biometric data will be carried out solely with explicit consent, strictly for the purpose of identity verification and fraud prevention, and will be retained only for the minimum period necessary with reinforced security measures. guppy will conduct a Data Protection Impact Assessment and will execute the corresponding data processing agreements with involved service providers.

A User who does not grant such consent will have access to an alternative verification method ensuring equivalent levels of security.

Once express confirmation has been received from guppy, the User may use their User Profile and the App indefinitely. In all cases, the document authorising the User to drive the Vehicles and the payment card provided and accepted must remain valid in order to enter into a Rental Agreement.

Notwithstanding the above, guppy expressly reserves the right to require any User to appear at its offices for identity verification and confirmation of driving entitlement. If the User fails to comply with this requirement, guppy may disable the User Profile until compliance. If the User does not meet the validity requirements of the documents authorising them to drive, guppy may, at its sole discretion, permanently disable the User Profile, thereby ending any contractual relationship in force at that time.

If the User loses their driving licence or if it is withdrawn or driving is prohibited for any reason in Spain, all rights to drive the Vehicles arising under these Terms and Conditions shall cease immediately. Likewise, Users must inform guppy without delay of any suspension or limitation of their right to drive, the effectiveness of any prohibition or the temporary withdrawal or retention of their licence if they intend to use the Service.

During the registration process, the User will create a Password to access their User Profile. The User has the essential obligation to safeguard their account, password and smartphone, as these are considered personal and non‑transferable, and must prevent any third‑party access. guppy will never request the Password by telephone, SMS or email. The User is advised to activate available authentication and security mechanisms on the device and within the App. Any suspicion of unauthorised access must be reported immediately. Users are advised to create a strong Password, including letters, numbers and symbols, not associated with dates, names or personal events.

The registration procedure and personal data processing have specific features in certain cases, such as use by staff of the City Council of Gijón in the exercise of their duties, as well as for other procurements with Public Administrations, Autonomous Bodies or other public entities. In such cases, the applicable administrative contract and any specific provisions agreed between guppy and the relevant entity shall apply. Likewise, Users linked to a specific company shall be governed by the agreement executed between such company and guppy.

V.    guppy application or app

The App is the only means available to use the services offered by guppy. For this purpose, it is an essential requirement for the User to have a smartphone compatible with the App’s technical specifications. guppy does not guarantee compatibility of the App with all smartphones available on the market. Mobile data transmission costs with mobile or internet service providers enabling User interaction with the App shall be borne exclusively by the User.

Copying, reverse engineering or manipulation of the App is prohibited except to the extent permitted by law. Serious breaches may lead to suspension or termination of the contract, on a reasoned and proportionate basis, and to the recovery of the actual damages caused and the charges established in the Pricing Policy, without prejudice to any legal action that may apply.

VI.                             vehicle reservation: standard reservation and advance reservation

standard reservation

Only Users with an active User Profile who have successfully completed the verification and validation process will be able to enter into a Rental Agreement. The User may only reserve those Vehicles that have not been previously reserved by another User and that appear as available in the App.

The mere reservation of a vehicle by a User does not constitute the conclusion of any rental contract. The reservation time available prior to the start of the rental may be increased or reduced by guppy depending on the specific vehicle. Accordingly, the User must check in the App, before reserving any vehicle, the actual reservation time applicable to that particular vehicle.

guppy may reject any Reservation if the selected Vehicle is not available to fulfil the request. guppy informs Users that, due to the inevitable inaccuracies inherent in the GPS technology incorporated in the Vehicles, the position displayed to the User through the App may differ from the actual location. In such cases, guppy assumes no liability.

By making a Reservation through the “Reserve” button in the App, the User is expressly bound by both these Terms and Conditions and the Pricing Policy applicable to Vehicle Rentals at the time the Reservation is made.

advance reservation

Through the website www.guppy.es (hereinafter, the “Platform”), the User may make an Advance Reservation for those vehicles that are available and visible on the Platform at that time.

The availability and conditions of Advance Reservations depend on the location of the vehicle and the selected guppy Point, as displayed in real time on the Platform at the moment the reservation is made.

DEADLINES AND LOCATIONS

Advance Reservations may only be made at the designated guppy Points, which are duly identified on the Platform.

·        As a general rule, an Advance Reservation must be made at least forty‑eight (48) hours before the intended start of the rental.

·        In the Basque Country, Advance Reservations must be made at least seventy‑two (72) hours in advance, unless a vehicle is already available at the selected guppy Point at the time of making the reservation.

In that case: The User may formalise the reservation, The User will be expressly informed that the vehicle cannot be guaranteed to have been inspected before the start of the rental and If the reservation is made between 48 and 72 hours in advance and the vehicle is available, it will be automatically blocked for the User at the selected guppy Point upon completion of the reservation.

When an Advance Reservation is attempted less than 48 hours in advance and vehicles are available at the Point, the User may proceed with the reservation, but guppy does not guarantee prior inspection of the vehicle.

Where the Advance Reservation is made:

–         between 24 and 48 hours in Asturias, Cantabria, and Madrid, or

–         between 24 and 72 hours in the Basque Country,

availability will be limited. In such cases, the Platform will allow the User to select date and time, but will only display availability if the vehicle’s make and model are present at the selected guppy Point with at least 60% battery charge.

Reservations attempted less than 24 hours in advance cannot be formalised as Advance Reservations. The Platform will not allow input of date/time within that period and will only inform the User of vehicles available for rental under the ordinary car‑sharing modality, without guaranteeing a full battery charge.

RESERVATION FORMALISATION

The User must indicate, through the Platform, the date, time and place where they intend to collect the vehicle.

Once the Advance Reservation has been formalised: the User will receive a confirmation email, and, on the rental start date, a second email will be sent indicating the assigned vehicle registration number.

A User who is not yet registered may make an Advance Reservation; however, they must download the App and create a User Profile before the start of the rental.

If, at the start of the rental, the User has not created or validated their account, and this results in delays or incidents (including, without limitation, holding a provisional or incompatible driving licence), such circumstances will be the exclusive responsibility of the User.

guppy expressly reserves the right to cancel the reservation or refuse commencement of the rental if the User does not hold a duly created and validated User Profile prior to using the service.

PAYMENTS, FEES AND CHARGES

For an Advance Reservation to be effective, the User must pay a reservation fee through the purchase of a voucher, which will subsequently become usable balance during the rental.

The minimum reservation fee is ninety‑nine euros (€99).

Registered Users:

·        If the User has a balance equal to or greater than €99, that amount will be retained and the reservation will be formalised without additional charge.

·        If the User has a balance below €99, they must purchase a voucher of at least €100, from which the €99 reservation fee will be retained. The reservation is formalised upon purchase of the voucher.

Unregistered Users:

·        The User must purchase a minimum €100 voucher via the Phone&Sell payment system. The €99 reservation fee will be retained and the reservation will be formalised once the voucher has been purchased.

RESERVATION MODIFICATIONS

If the User needs to modify the date or collection point of the vehicle, they must contact guppy at hola@guppy.es guppy will assess the request and attempt to offer a solution based on operational capacity, without implying an automatic right to modification.

CANCELLATIONS

Registered Users:

·        If cancellation is made at least 48 hours before the start of the rental, the retained reservation fee (€99) will be refunded.

·        If cancellation is made less than 48 hours before the start of the rental, no refund of the reservation fee will be made.

Unregistered Users:

·        Cancellation is free of charge if made at least 48 hours in advance; the retained reservation fee will be refunded.

·        If cancellation is made less than 48 hours in advance, no refund of the amount paid for the reservation fee will be made.

FAILURE TO COMMENCE THE RENTAL

If one (1) hour has passed since the scheduled start time and the rental has not begun, guppy will contact the User via email and push notification.

If two (2) hours pass without the rental having begun, the Customer Service Department will contact the User by telephone.

If six (6) hours pass without the rental having begun, guppy reserves the right to cancel the reservation, without refunding the reservation fee. The User will be notified by email of the cancellation. If vehicles are available at that time, the User may initiate a rental under the ordinary car‑sharing modality; however, the reservation fee will not be refunded.

VII.                          conclusion of the rental agreement. right of withdraWAL

FORMATION OF THE CONTRACT BY ELECTRONIC MEANS

Each rental begins once the User interacts with the “Start Rental” button and confirms their intention to begin it on the following screen by selecting “Yes, I want to rent the vehicle” through the App (a mere Reservation, without confirming the start of the rental, does not constitute conclusion of the contract). Thereafter, the message “Rental started successfully” will appear at the top of the screen, and the User will be asked to report any visible damage to the vehicle.

At this point—even if the vehicle has not been opened or the User is not physically near it—the rental is deemed to have commenced, and the Pricing Policy begins to apply, including the stand‑by tariff if the User does not make use of the vehicle. If guppy detects that a User has started a rental but is not using the vehicle, guppy will send both an email and an in‑app notification within the first hour informing the User that an active rental is in progress without use. If, despite this, the User continues with an active rental without using the vehicle, the User must pay the full rental price determined at the end of the rental, in accordance with the Pricing Policy.

The rental ends when the User presses the “End Rental” button and confirms the intention to end it on the following screen by selecting “Yes” in response to “Are you sure you want to end the rental?”, through the App. Exceptions apply where: (i) the vehicle is not located within the guppy Zone; (ii) the vehicle is open or switched on; (iii) the vehicle is one of those that may only be returned at guppy Points; (iv) other circumstances displayed in the App prior to rental.

The Specific Conditions of each Rental Agreement shall be deemed expressly accepted by the User in the following cases: (i) when a Reservation is made and the User interacts with “Start Rental”; or
(ii) when renting without a Reservation and the User interacts with “Start Rental” and confirms their intention to begin on the following screen. To unlock and operate the vehicle, the User must press the “Open” button in the App, which will trigger the central locking system.

Before starting the engine for effective circulation, the User is expressly required to: (i) inspect, in person, the exterior and interior for defects, damage or severe dirt; and (ii) inform guppy either through the App or, in the case of serious damage, by contacting customer service by phone.

The User understands that, in order for guppy to allocate responsibility to the person who may have caused reported damage, such damage must be reported before starting the engine. The User expressly undertakes to provide all information within their reach regarding the Vehicles. If guppy considers that circulation with a particular Vehicle may be compromised, guppy may prohibit its use without any compensation or indemnity.

The duration of the Rental Agreement begins upon its conclusion by the User and ends when the User terminates the rental as described, or when guppy, being entitled to do so, unilaterally terminates it.

guppy may also prohibit any use of the Service or Vehicles by Users who, in its assessment, breach any clause of these Terms and Conditions.

For rentals longer than 24 hours, guppy may terminate the contract in the event of non‑payment or serious irregularities. As a general rule, guppy will issue a payment/remedy request granting a minimum period of 2 hours (or immediate compliance in cases involving risk to third parties or fraud). Termination will be reasoned and proportionate, without prejudice to charging the amounts accrued until effective termination.

If the User wishes to enter into a Rental Agreement of more than two days, they must contact guppy via the channels indicated in the Terms and Conditions or on the Website to agree upon the applicable conditions.

During an active Rental Agreement, guppy may replace a Vehicle with another vehicle at any time, in coordination with the User.

RIGHT OF WITHDRAWAL

As a general rule, consumers have the right to withdraw from a contract within 14 calendar days. However, regarding the service provided by guppy, and pursuant to applicable legislation, the right of withdrawal does not apply once the rental service has been completely performed by the company (Article 103.a of the Spanish Consumer Act). This occurs upon commencement of the rental, because guppy’s service is fully executed when the vehicle is placed at the User’s disposal, thereby becoming unavailable to others, and the User may immediately move anywhere within the Service Area.

If the User starts the rental but does not move the vehicle or generate any movement, guppy will send an email and an in‑app notice. If the situation continues, stand‑by time will continue accruing and will be chargeable under the Pricing Policy, and the User shall not be entitled to claim reimbursement.

By accepting these Terms and Conditions, the consumer expressly acknowledges that once guppy has fully executed the contract, the right of withdrawal is lost.

If a User wishes to end the rental but is unable to do so due to the unavailability of any guppy Point or equivalent circumstances causing the rental to extend beyond normal duration, the User may contact customer service. The case will be assessed individually. If guppy is responsible for the circumstances, the excess amount will be refunded.

Consumers may exercise the right of withdrawal (Articles 102 et seq. of the Spanish Consumer Act) with respect to guppy vouchers or balance purchased for use with the service. The right must be exercised within 14 calendar days of purchase. The voucher or balance must be unused and intact. Purchasing a voucher extends the expiry date of guppy balance by one year; exercising the right of withdrawal reverses this effect.

Exercising withdrawal from a voucher implies renouncing all associated legal effects, including the extended validity period of guppy balance.

– Withdrawal Form –

To: GUPPY MOVILIDAD SOSTENIBLE, S.L.

Registered address: Calle Gregorio Marañón Nº 1, Bajo II, 33203 Gijón (Asturias, Spain)

Tax ID: B‑67951731

Email: legal@guppy.es

Subject: Withdrawal from voucher purchase

I hereby notify you of my decision to withdraw from my voucher purchase contract:
Voucher: __________________________
Purchased on: ____ / __________ / ______

Full name:

Address:

Email:

Date:

Signature:

The completed form must be sent to legal@guppy.es or to the postal address indicated above. An acknowledgement of receipt will be provided on a durable medium, and a response will be issued within a maximum of 10 business days.

VIII.                      DISCLAIMERS

guppy shall provide the Service in accordance with industry standards and the reasonable means available. However, interruptions may occur due to external causes (mobile network operators, GPS issues, adverse weather, force majeure) or scheduled maintenance.

These circumstances do not exempt guppy from liability where the incident is attributable to guppy (including negligence). In such cases, the applicable compensations shall apply (e.g., guppy balance), or, where appropriate, proportional refunds.

In the event of interruptions attributable to guppy that materially affect a rental, guppy may grant compensations (guppy balance) or make proportional adjustments or refunds. Compensations are not transferable or convertible into cash unless required by law.

IX.PRICES, FEES AND ECONOMIC CONDITIONS

Before each rental begins, the App shall display the total applicable price including VAT, the existence of any deposit/pre‑authorisation, the stand‑by tariff (where applicable), and the fixed surcharges, all defined in the Pricing Policy with a fixed amount or maximum limit.

Any “estimated cost” shown is indicative only and does not replace the total price or the specific conditions. Tariff changes shall not have retroactive effect.

The prices, fees and costs of the service shall be those applicable at the moment each Rental Agreement is effectively concluded. Such prices may vary depending on the circumstances of the service and will be visible on the App screen prior to entering into the Rental Agreement.

Before entering into the Rental Agreement, the App will display the Specific Conditions of the rental the User is about to initiate, including the price per kilometre applicable to that specific contractual relationship, the deposit or other specific requirements. guppy guarantees that Users are aware—without needing to take any additional action—of all prices, costs and fees applicable before confirming the rental. Prices are final prices and include all legally applicable VAT.

By initiating a rental after reviewing the prices on the screen, the User expressly accepts the prices displayed and the remaining specific conditions of the selected vehicle. Payments shall be made automatically upon completion of each contractual relationship, through the method chosen by guppy at each moment. The only exception applies to rentals subject to a daily maximum, where rentals lasting more than 24 hours shall apply that maximum, with partial settlements every 24 hours, without additional interest or charges for such instalments.

guppy may grant compensations within the App to Users who suffer losses not caused by them or resulting from circumstances unrelated to their conduct. Such compensations may consist of guppy balance or other specific forms of compensation, always duly communicated. Compensations may not be transferred to another User or third party.

Payments made by a Corporate Account shall be specifically negotiated under the conditions governing the contractual relationship between guppy and such Corporate Account. Corporate Accounts shall pay by credit/debit card following receipt of the corresponding invoice, as individually agreed.

guppy may implement various systems for charges and payments, including vouchers, tokens or proprietary virtual credit, based on prepayment for later use, consistent with the rental model.

By accepting these Terms and Conditions, the User expressly agrees that, in the event of an incident, guppy may apply the surcharges set out in the Pricing Policy under the circumstances described therein.

The User authorises guppy to charge the payment method on file for amounts arising from the rental and, where applicable, fixed surcharges and justified damages. Any charge not successfully collected at the end of the rental will be notified to the User by email/App, with full details (concept, amount, supporting documentation), except for cases governed by the preauthorisation/deposit rules below.

In the case of use by staff of the City Council of Gijón or other Public Administrations, the conditions of the relevant administrative contract shall apply.

PREAUTHORISATION ON CARD

For certain vehicles or circumstances, guppy may request a preauthorisation (hold) for the amount displayed in the App before beginning the rental.

–         If the User’s guppy balance is equal to or above the required amount, no hold will be made.

–         No User will have more than one preauthorisation active at the same time; if applicable, the higher one will prevail.

At the end of the rental, guppy will attempt the ordinary charge. If successful, the hold will be released; if not, the outstanding amount will be charged against the hold.

A preauthorisation may remain active for 15 minutes after the end of a rental, in case the User begins another rental.

DEPOSIT

For certain vehicles, a deposit will be required via a card hold for the amount shown in the App before the rental begins. Its purpose is to cover damages attributable to the User or unpaid rental charges.

The deposit will remain active for a maximum of 7 days. If the User begins another rental requiring a deposit within that period, the existing deposit may be maintained if more than 5 days remain; otherwise, it may be renewed for another 7 days, with notice displayed in the App.

If the User does not have sufficient balance for the hold, the rental cannot begin.

Release of the deposit will be requested from the payment method issuer once the absence of outstanding charges has been verified. guppy will provide proof of release, without prejudice to bank delays outside its control.

Return of the deposit does not prevent justified subsequent charges (e.g., fines) arising afterwards, which will always be notified in advance.

X.    ASSIGNMENTS AND AUTHORISATIONS

guppy may assign overdue, liquid and payable credits arising from contracts with the User to a third party (assignee). The assignment will be notified to the User on a durable medium, indicating the assignee’s identity and contact details.

The User will be discharged if payment is made to the assignee in accordance with such notice. The assignment shall not alter guppy’s obligations regarding service provision nor increase the User’s obligations.

XI.USER OBLIGATIONS AND PROHIBITED CONDUCT

The User must contact guppy regarding any question, incident or inquiry related to the Services via the 24/7 number: +34 649 210 756.

In the event of any incident during driving (collision, malfunction, problem with another user, etc.), the User must notify guppy at the above number. Reporting the incident in the App at the end of the rental does not exempt the User from the obligation to report it by phone.

guppy also provides a platform through the App or website to report incidents or accidents experienced during the rental.

USER MUST

•       Use the Vehicle in accordance with traffic regulations and act diligently. Visual inspection is required, though no technical diagnosis is expected.

•       Notify guppy of any noticeable incident through the App and customer service phone line.

•       Properly care for the Vehicles, following the manufacturer’s operation manual and recommendations (running‑in, tyre pressure, battery level, fluids).

•       Ensure the Vehicle is in safe operational condition before driving.

•       Protect the Vehicle against theft (windows fully closed and central locking activated).

•       Stop driving immediately if the Vehicle shows signs of malfunction and contact guppy, specifying the issues and sending evidence (photo/video).

•       Ensure sufficient battery charge throughout the rental to reach the intended destination, initiate charging, or park within the guppy Zone or guppy Points.

•       End the rental with at least 50 km of remaining range (or, if the vehicle already had less at the start, never with fewer than 5 km).

USER MUST NOT

•       Drive under the influence of alcohol, drugs, medication or substances impairing driving ability; the User guarantees an alcohol level of 0.00 mg/l (breath) and 0.00 g/l (blood).

•       Disable safety or electronic systems, modify physical or technological components, remove stickers, etc.

•       Exceed permitted speed limits.

•       Transport flammable, poisonous or dangerous substances beyond domestic‑use quantities.

•       Introduce items compromising driving safety (skis, large boards, oversized objects).

•       Use the Vehicle to commit offences or unlawful acts.

•       Smoke or allow others to smoke or vape inside the Vehicle.

•       Transport animals unless safely secured in the boot and leaving no damage or dirt (cleaning/damage charges apply).

•       Leave litter or residue; cleaning penalties may apply.

•       Exceed the permitted number of passengers or ignore safety requirements

•       Perform repairs or modifications without express prior written consent.

•       Transport babies/children without approved safety systems.

•       Drive outside mainland Spain without prior authorisation.

•       Park outside the guppy Zone or in non‑permitted areas (vados, loading zones, pavements, beaches, dangerous areas).

•       Drive without a valid Spanish‑authorised licence (expired, invalidated or with no points).

•       Falsify documents for registration (fake licences, altered IDs).

•       Allow any third party to drive the Vehicle, regardless of whether they have a guppy account.

•       Impersonate another individual or use another User’s account.

•       End the rental on private property or in unauthorised facilities.

Except when authorised under Corporate Account agreements, it is strictly prohibited to use Vehicles for:

1.      Commercial transport of goods or passengers

2.      Industrial tasks

3.      Circulation in areas outside the scope of compulsory motor insurance regulations (ports, airports, etc.)

Breach may result in fixed penalties under the Pricing Policy and/or compensation for proven damages, without exempting guppy from liability arising from vehicle defects or maintenance failures.

XII.                          stopping, parking and termination of the rental

As a general rule, the User may stop, park and end the rental within the guppy Zone, as well as in the guppy Points distributed throughout the Service Area. The guppy Zone displayed in the App is for guidance only and does not replace road signage. Within the area marked in the App as the guppy Zone, certain locations—such as sidewalks, parks or beaches—may appear due to technical limitations of the map display, but Users must understand, in accordance with general traffic and circulation rules, that stopping, parking or terminating the rental in these locations is not permitted. The same applies to private or public car parks, which cannot be removed from the displayed map but where Users must understand that stopping, parking or terminating the rental is prohibited, unless otherwise and previously communicated by guppy. Users must always verify the physical signage at the location.

The guppy Zone does not include: (i) areas reserved for loading and unloading, spaces marked with access restrictions (“vados”), or any other areas where parking is expressly prohibited (regardless of whether the restriction is temporary or permanent); (ii) areas where parking is generally prohibited, such as sidewalks, parks or beaches; or other locations located within the guppy Zone where general traffic regulations prohibit parking. In any such areas, Users may neither park nor terminate the Service. If a User, despite accepting these Terms and Conditions and being fully aware of what is included or excluded from the guppy Zone, decides to stop/park in a non-permitted area, the User shall be solely responsible and shall assume all consequences arising from such action, including, for example, payment of any traffic fines or towing fees, even if the fine/towing is dated after the User’s rental has ended.

The guppy Zone may be expanded or reduced on the basis of agreements between guppy and third parties, including Public Administrations, without such changes implying a modification of the Terms and Conditions.

It is the User’s responsibility to ensure that they may stop and/or park without restrictions in any limited-parking zone of the city where they intend to stop/park with one of our vehicles. guppy accepts no responsibility if a User stops/parks in an area requiring a parking ticket but fails to obtain one and is subsequently fined.

guppy reserves the right to impose a spatial restriction or limitation on certain vehicles of its fleet, in such a way that Users who rent those specific vehicles may only stop, park and/or terminate their rental at guppy Points. In these cases, the App will specify, at all times, which vehicle is subject to such spatial limitation, and this information will also appear on the vehicle itself and on the company’s website. It is the User’s responsibility to verify, before starting the rental, whether the vehicle they are renting is subject to a spatial limitation regarding stopping, parking or terminating the rental, which may be easily checked within the App.

Stopping, parking and/or terminating the rental in loading and unloading areas, areas marked with access restrictions (“vados”), or any other location where parking is expressly prohibited (regardless of whether the restriction is temporary or permanent) is expressly forbidden. If a User, despite accepting these Terms and Conditions and being aware that stopping/parking is not permitted in these locations, nonetheless decides to stop/park in a prohibited area, the User shall be responsible and shall assume all consequences arising from such action, including payment of any traffic fines or towing fees, even if the fine/towing is dated after the User’s rental has ended.

Specifically, the User is hereby advised that, in order to be deemed satisfactorily completed, the Rental Agreement will require the User to:

i.         Park the Vehicle within the guppy Zone or in the exclusive parking spaces included in the guppy Points (provided the vehicle is not one of those subject to spatial limitation). Any breach of traffic rules or prohibitions imposed by guppy shall be borne by the User.

ii.        If the Vehicle is subject to a spatial restriction or limitation, the User may terminate the rental only at the guppy Points designated for that purpose or at the locations indicated by the App as authorized for that specific vehicle.

iii.       Not terminate the Rental Agreement in private facilities or property belonging to third parties not associated with guppy. This prohibition also applies to public car parks, shopping centres, supermarkets, restaurants, universities, or similar institutions, unless guppy has previously authorized parking in such locations.

iv.       If the electric charging cable stored in the Vehicle’s trunk has been used, it must be returned in the same condition in which it was found, unless the rental is terminated while the Vehicle remains connected to a charging station.

v.        Park and end the Rental Agreement with at least 50 km of remaining range; and if, at the start of the rental, the Vehicle already had less than such autonomy, the User must not terminate the rental with less than 5 km of remaining range.

In all cases, it is essential that the User, when parking the Vehicle, leaves it in a location where telematic connection with the Vehicle can be established. If this is not possible, the User must move the Vehicle to another location in order to successfully terminate the Rental Agreement. Example: in some car parks, vehicles may only be parked on the ground floor or level -1, as lower levels such as -2 or -3 may cause loss of connectivity.

Once termination of the Rental Agreement is confirmed following activation of the Vehicle’s central locking system and the effective ending of the rental via the App, initiated proactively by the User, the Rental Agreement shall be deemed satisfactorily concluded.

The User has the express obligation to verify that the process has been completed. If the User leaves the Vehicle before the process has finalized and, therefore, before the Rental Agreement has ended, the Contract shall remain in force and all prices, costs and expenses arising from such situation shall be borne exclusively by the User.

If the termination process cannot be completed due to technical reasons, the User must immediately contact guppy and remain with the Vehicle until guppy expressly instructs how to proceed. Any costs related to the additional time after the User’s request to terminate the Rental Agreement shall be credited as guppy balance for future use, provided the User is deemed not to have breached the Terms and Conditions.

In the event of an accident or incident preventing the Vehicle from circulating, the Rental Agreement shall terminate when the Vehicle is delivered to the third party designated by guppy for towing.

Activation of the stand‑by mode (parking the vehicle without terminating the rental, subject to a special fee established in the Pricing Policy) does not constitute termination of the individual driverless rental contract.

remote termination of the rental by guppy

guppy may remotely terminate the rental at no additional cost, provided the Vehicle is located within the guppy Zone or at a guppy Point, in the following cases:

i.             When expressly requested by the User by telephone. The Vehicle must necessarily be within the guppy Zone or at a guppy Point. No surcharges apply when the User requests remote termination by guppy. Examples: The User’s mobile phone has run out of battery. The User is unable to terminate the rental through the App. The User has lost Internet connection on their mobile device

ii.            When, due to technical circumstances, there is an incident affecting the service. guppy will assess the specific circumstances to determine how to proceed.

iii.           When, after a rental exceeding 24 hours, the User incurs non‑payment. Upon detecting non‑payment, guppy will contact the User by telephone and/or email, informing them that they must settle the outstanding debt as soon as possible or, failing that, guppy will unilaterally terminate the rental and prevent further use of the service, and the User must remove their belongings from the Vehicle.

iv.           In cases of extended rentals with no kilometres driven, where the Vehicle remains continuously in stand‑by mode. The User will be notified by email and App notification of the situation. If the rental remains active despite such notification, guppy will assess the circumstances to determine how to proceed, starting with re‑establishing contact with the User to determine the reasons for the stand‑by state.

v.            When an incident occurs involving Law Enforcement authorities that prevents the User from terminating the rental by their own means. guppy will evaluate the specific circumstances to determine how to proceed. In such cases, which involve intervention by Law Enforcement, the corresponding surcharges established in the Pricing Policy will apply. Examples: Following a sobriety checkpoint, the User tests positive and the Vehicle must be towed, either by authorities or guppy fleet staff. Following an accident or improper parking, requiring the Vehicle to be towed by authorities or guppy fleet staff

lost property

If, following remote termination by guppy, lost property is found inside one of our Vehicles:

First, without accessing the Vehicle, guppy will call the customer and/or send an email informing them that items are visible inside the Vehicle and offering the possibility to retrieve them immediately, free of charge.

If the User cannot retrieve the items immediately, the Vehicle will be immobilized for a maximum of five hours, subject to the surcharge set forth in the Pricing Policy, during which the User may collect their personal belongings.

If the User does not answer the call or email and does not contact guppy to collect their belongings within the five‑hour period, the following procedure shall apply:

A guppy staff member will attend the Vehicle’s location and, prior to opening it, will record a video showing the Vehicle (identifying the licence plate), identifying the User to whom the items belong, and making a visual inspection of the exterior of the Vehicle. The recording will then capture the moment when a guppy staff member accesses the Vehicle for the first time, inspecting all areas where personal items may be stored: glove compartment, door pockets, seats, trunk, etc.

If lost items are found in a Vehicle after a rental has ended, such items will be stored at the logistics base corresponding to the Service Area where the items were found. If, after attempting to contact the User, the items are not collected within a maximum of three months, they will be delivered to the Local Police Lost Property Office, with prior email notification to the User.

XIII.                      accidents, damage and repairs. offences and penalties. claims. user liability.

accidents, damage and repairs

The User has the mandatory obligation to immediately inform guppy of any accident, damage or defect suffered by the Vehicles during circulation, or detected at the beginning of the Rental. Failure to provide immediate notice shall not imply fault, but may hinder the handling of the incident.

The User must ensure that any incident occurring while the Vehicle is in circulation is duly communicated to and recorded by the competent Law Enforcement Authorities. If such authorities refuse to record the incident:

i.             The User shall immediately contact guppy by telephone or through the platform enabled in the app/website and explain the circumstances of the incident; and

ii.            The User shall request instructions from guppy on how to proceed and shall comply with such instructions in all cases.

iii.           The User may only leave the scene of the incident if:

iv.           The official report or data recording by the Law Enforcement Authorities has been completed and the User has received express instructions from guppy after notifying the incident;

v.            The Vehicle has been handed over to a company designated by guppy for safe transport, in coordination with the User, or the User has removed it with guppy’s express authorization.

Notwithstanding the foregoing, in the event of an incident involving any of the Vehicles, guppy may provide the User with a form following the report of the incident, which must be completed within seven (7) calendar days from the date of delivery. If guppy does not receive the written report within the indicated period, the Vehicle insurance may be unable to process the claim. Consequently, whenever guppy is required to assume and repair damages suffered by the Vehicles arising from the incident, it may charge the User the cost of the effective repair if the conduct described in this section is not followed.

guppy is entitled to receive any compensation paid or arising from any incident involving a Vehicle, in respect of the damage suffered by it. If the User receives such amount instead, the User must immediately transfer it to guppy without the need for any formal request.

At guppy’s direct request, and without prejudice to the technological systems installed in the Vehicles, the User shall indicate the exact location of the Vehicle at any time and allow physical inspection by guppy employees or expressly authorized third parties.

The insurance company may seek reimbursement from the User if the User is the at‑fault party in an accident, whether through wilful misconduct or negligence, and the insurer has indemnified the loss.

offences and penalties. claims. user liability

It is important that the User reads and understands these Terms and Conditions before using our service. If the User expressly accepts them without expressing any objection via legal@guppy.es and subsequently breaches any of their provisions, the User shall be responsible for such breach, and guppy shall bear no responsibility for the consequences thereof. As a result of the User’s breach of obligations, guppy may suspend the service or impose a surcharge or penalty. Likewise, if guppy must first respond to third parties due to the User’s breach, guppy will subsequently pass on to the User all consequences arising from such contractual breach.

A User’s breach of any obligation under these Terms and Conditions constitutes a contractual breach and entitles guppy to impose the corresponding surcharges arising from such breach (which are always available in the current Pricing Policy published on the website).

The User shall be liable to guppy for damages caused to or by the Vehicles through fault. This includes, by way of illustration but without limitation: (i) Violations of any applicable regulations; (ii) Theft, damage or loss of the Vehicles or any of their components or accessories.

The User assumes full responsibility if the damage or loss of the Vehicles, or damage caused to third parties, arises from non‑compliance with the Terms and Conditions, the clauses of the motor insurance policy, applicable law, or if the damage is caused by a third party whom the User allows to drive the Vehicle without guppy’s authorization. If the User is responsible for the incident and the Vehicle insurance does not provide coverage, the User shall indemnify guppy for damages and for third‑party claims arising from any matter included in this section.

In the event of an incident caused by the User, where liability is attributable to the User, the obligation to indemnify guppy shall extend to all indirect damages, including—by way of example but not limitation—expert fees, towing services, loss of profit proportional to the Vehicle(s) rendered unusable, any increase in insurance premiums paid by guppy, and any additional administrative cost.

The User shall be financially liable for all violations, penalties and offences committed with the Vehicles. The User assumes all such costs and expressly releases and holds guppy harmless from any third‑party claim relating to these matters.

If the User causes an incident damaging the Vehicles outside the Service Area, the User shall bear all costs arising from transporting the Vehicle to guppy’s logistics base for repair.

If the User breaches the Terms and Conditions and guppy deems it necessary to relocate the Vehicle, or if a third party associated with guppy must contract a towing or rapid/express roadside charging service, the User shall bear the cost of such service and any additional charges, in accordance with the Terms and Conditions and the Pricing Policy.

The User shall pay a specific penalty—without prejudice to guppy’s right to claim damages or impose other penalties in the Terms and Conditions—if the User allows a third party, after having entered into an Individual Driverless Rental Agreement, to drive the Vehicle without authorization from guppy. The same applies in cases of identity fraud where a User accesses another person’s account to use guppy’s service without express authorization.

In the event of a substantial and culpable contractual breach, including any non‑payment, guppy may disable the User in the app and unilaterally terminate all agreements entered into by such User.

The User shall not be liable for damages arising from Vehicle defects, lack of maintenance, or issues attributable to guppy or unrelated third parties.

For use by personnel of the Gijón City Council in the exercise of their duties, as well as for other contracts with Public Administrations, Autonomous Bodies or any public‑law entity, the conditions set forth in the relevant administrative contract shall apply.

If a User disagrees with any surcharge imposed by guppy, they must respond to the company communication sent to them or, alternatively, contact legal@guppy.es to submit the corresponding claim.

XIV.                     insurance conditions

The Vehicles are covered by a compulsory civil liability insurance policy providing THIRD‑PARTY COVERAGE. Only a User authorized by guppy to use the Services and who has entered into a rental agreement may benefit from such insurance coverage.

The User understands that third‑party coverage implies that any own damage caused to the Vehicle as a result of intentional misconduct, fault, negligence, or breach of the Terms and Conditions must be borne by the User.

If the Vehicles are damaged while being used by the User, and such damage results from an incident caused by the User, the User shall be financially liable for the cost of their repair. The insurance company may seek recourse against the User where the User is the at‑fault party in an accident, whether through wilful misconduct or negligence, and the insurer has indemnified the loss.

Unless otherwise stipulated, both the aforementioned insurance and any limitation of liability shall be subject to the Insurance Certificate and Policy Conditions of the insurance contracted by guppy, as well as the applicable legislation on compulsory motor vehicle insurance provided for in Law 50/1980, of 8 October, on Insurance Contracts, and the related or subsequent regulations governing such matters.

If the User breaches any mandatory rules set out in the applicable legislation and, as a result, the insurer is released from paying compensation to third parties for the incident in question, the insurance coverage described in this section of the Terms and Conditions shall not apply and the User shall bear such liability.

Under no circumstances will behaviour contrary to traffic regulations be tolerated, particularly concerning the consumption of alcohol or drugs, reckless driving or speeding. As the insurance provides third‑party coverage, if the User proves to be a responsible driver who complies with traffic regulations and, by extension, respects pedestrians and other road users, this will be taken into account when assessing damages caused to the Vehicles during normal use, in accordance with the so‑called “guppy Philosophy.” If excessive speed, alcohol consumption or other conduct in breach of traffic rules is detected, or if the User fails to report damages or an incident by telephone (as required in previous sections), the “guppy Philosophy” will not apply and the User will be fully liable for all damages arising from their conduct.

XV.                         guppy’s liability

guppy shall be liable for damages caused by its own wilful misconduct or negligence, or that of its employees, as well as for damages arising from Vehicle defects, lack of maintenance, or failures of the App attributable to guppy.

The limitations of liability shall not apply where mandatory legal provisions prevent such limitation or where the User qualifies as a consumer.

A quantitative limitation is established for conduct amounting to gross negligence, for all liability not included in the previous paragraph attributable to guppy. Such limitation shall correspond to the typical or foreseeable damages arising from or deemed plausible given the nature of the Services provided by guppy, and shall apply only in the event of breach by guppy of an essential contractual obligation. If a non‑essential contractual breach occurs without wilful misconduct or gross negligence, Users shall have no entitlement to claim damages. The provisions of this paragraph shall likewise extend to third parties referred to in the previous section who act on behalf of or under the instruction of guppy.

The aforementioned limitations shall not apply where mandatory legal provisions prohibit alteration by the parties.

XVI.                     user blocking and deletion

The licence to use the Application and the provision of the Services included therein may be revoked and terminated unilaterally by guppy if the User:

i.                  Is a consumer and fails to pay two overdue amounts, regardless of the amount;

ii.                Ceases payment generally;

iii.               Is a public‑law entity or a trader acting within the scope of their commercial activity and fails to make any due payment (including, without limitation: Corporate Accounts);

iv.               Provides false information or omits relevant facts during registration or upon creation of the User Profile, or following an incident in which they have been involved;

v.                Maintains a situation of contractual breach after having been duly notified by guppy;

vi.               Drives under the influence of alcohol or drugs; and

vii.              Provides personal data to third parties in relation to the Application (personal identification or Password), in breach of the Terms and Conditions.

If this clause is applied, guppy shall immediately block access to the Vehicles and disable the User’s account.

If any Rental Agreement has been terminated, guppy may claim from the User, in particular:

i.                  The immediate return of any Vehicle being used by the User at that time. If the User fails to return the Vehicle in accordance with guppy’s instructions, guppy may take possession of it by any means deemed necessary and proportionate, and the User shall bear all expenses and costs arising from such conduct;

ii.                The price corresponding to the duration of the Rental until the Vehicle is parked and the Rental is terminated, in accordance with the Terms and Conditions;

iii.               Any damage caused to the Vehicle, in accordance with the Terms and Conditions.

If the User wishes to delete their User Profile in guppy, they must use the “Delete my account” button within “My profile” in the app. If they wish to modify any personal data or their email address, they must contact legal@guppy.es

XVII.                  miscellaneous

Each time the User interacts with the “Start rental” button and confirms on the following screen, they will enter into an Individual Rental Agreement, which will automatically include: (i) the Specific Conditions previously displayed in the App; (ii) the Pricing Policy; (iii) these Terms and Conditions; and (iv) the applicable compulsory civil liability insurance conditions. The contract is concluded electronically and will be available on a durable medium once perfected.

All relations between the User and guppy are subject to the Terms and Conditions and the supplementary applicable Spanish law. Specifically, and without limitation: (i) the Rental Agreement; (ii) the Pricing Policy; (iii) the Privacy Policy; and (iv) the Application Licence (EULA) are subject to the Terms and Conditions and, where not provided therein, to applicable supplementary Spanish law.

Contractual relations between guppy and the User shall be governed by Spanish common law. Where the User is a consumer, the competent jurisdiction shall always be that of the User’s domicile. Where the User acts as a business or professional, any dispute shall be submitted to the Courts and Tribunals of Gijón (Asturias), unless mandatory legal provisions provide otherwise.

The User may not assign to third parties the rights and obligations arising from the Service without guppy’s prior written consent. This does not affect the User’s right to cancel their account or revoke the contract in accordance with applicable law.

The Terms and Conditions constitute the full set of provisions governing the legal relationship between Users and guppy, together with the applicable supplementary regulations and any additional specific conditions that may be negotiated on a case‑by‑case basis between guppy and third parties (including, without limitation, Corporate Accounts).

If any clause is declared null and void by a final judgment, this shall not affect the validity of the remaining clauses.

guppy undertakes to replace any null clause with another valid provision preserving the contractual balance and the economic purpose of the contract.

eula

I.        end-user license agreement for the application

This EULA forms an integral part of the Terms and Conditions. In the event of any contradiction between this EULA and the Terms and Conditions of Service, the latter shall prevail.

This document constitutes the licence granted to every end user of the guppy® mobile application (hereinafter, the “EULA”). It is a legally binding agreement between the user downloading and installing guppy on their device, whether acting as an individual or an entity, and GUPPY MOVILIDAD SOSTENIBLE, S.L. By downloading, installing or using guppy for Android, iOS or any other mobile platform for which it is available, the User agrees to be bound by the terms of this EULA. If the User does not accept the EULA, guppy recommends that they do not check the corresponding acceptance box and refrain from using the Application.

The User acknowledges and declares that installing or using the Application implies that they have read, understood and expressly agree to be bound by the EULA. In addition to this EULA, the User shall also be subject to the Terms and Conditions and any rules governing the use of the elements comprising the services offered by and connected to guppy.

The Application provided under this EULA is intended exclusively to complement the services offered by guppy. The use of guppy’s software or content, as well as the information contained therein (except for a backup copy), requires a specific licence granted by guppy.

II.     description

The Application may be downloaded from the Internet (main marketplaces) and allows the User to access the functionalities assigned to guppy and the services it offers directly from Android, iOS or any mobile device supported by the Application. The User may download the Application regardless of whether they use guppy’s related services, but must link it to their guppy User Profile to benefit from all functionalities.

III. licence

Hereby, guppy grants the User, subject to the terms and conditions of this EULA, a personal, non‑exclusive and non‑transferable licence to:

a.      Use the Application for purposes related to the services offered by guppy in connection with guppy;

b.      Install the Application on one Device, unless multiple devices are synchronized with the same guppy user account;

c.      Make one machine‑readable backup copy of the Application, provided that the User reproduces the Application in its original form and includes all proprietary notices required in such backup copy.

For clarification purposes, guppy does not intend to prohibit installation or creation of backup copies of the Application on another Device for which the User has accepted the EULA (or synchronized their guppy User Account). Each EULA accepted by the User grants the right to install, use and create backup copies of the Application on one Device, as indicated above.

IV.                             ownership and rights

Authorship, intellectual property rights and all remaining rights belonging to guppy or to the creators of the Application shall remain vested in their respective holders. The only licence granted to the User is that contained in this EULA.

The User may not reverse engineer, decompile, modify or create derivative works of the App, except where expressly permitted by law for the purpose of ensuring interoperability with other programs. One backup copy is permitted strictly as required for intended use.

The User shall indemnify guppy solely for damages directly arising from unlawful, fraudulent or EULA‑breaching use, expressly excluding any damages resulting, in whole or in part, from guppy’s own breach or negligence.

V.    limitations

The User acknowledges and declares that they will use the Application only in accordance with applicable law and the agreements accepted by virtue of using guppy®.

THE USER MAY NOT:

a.                  Create derivative works based on the Application;

b.                  Use the Application for purposes other than those contemplated in this EULA or in the guppy® Terms and Conditions of Service;

c.                  Sell, assign, license, disclose, distribute, publicly communicate, transfer or make the Application or any copy thereof available to third parties in any manner;

d.                  Alter, transform, translate, decompile, reverse engineer, reverse assemble or attempt to carry out any actions similar to the foregoing, except to the extent permitted by applicable law; or

e.                  Remove or alter trademarks or distinctive signs belonging to guppy that identify its products or services integrated in the Application.

VI.                             privacy and personal data

The processing of personal data arising from the use of the App is governed exclusively by the current Privacy Policy, which forms an integral part of these Terms and Conditions. This EULA does not alter the legal bases, purposes or User rights in matters of data protection.

VII.                          disclaimer of liability

The Application is provided in accordance with the state of the art.

guppy does not guarantee absolute error‑free operation but shall be liable for those errors attributable to its own conduct, App maintenance or providers under its control.

VIII.                      MODIFICATION of the eula

guppy may amend this EULA when objective grounds exist (technical improvements, regulatory changes, security reasons or App updates). Any modification will be communicated within the App and shall require express acceptance where it affects essential User rights.

guppy may terminate this EULA only in cases of serious breach by the User or for security reasons preventing the continuation of the Service. Termination shall be justified, proportionate and notified in advance, unless an imminent risk exists.

IX.use of third-party software

The App may incorporate open‑source or third‑party licensed software. In such cases, the conditions of such licences shall apply, without limiting or modifying the User’s rights established in this agreement.

X.    INDEMNIFICATION

By accepting the EULA, the User releases guppy, its employees and group companies from any liability for direct or indirect damages arising from the use of the Application or any related materials.

XI.CROSS‑REFERENCE TO THE TERMS AND CONDITIONS OF SERVICE

All clauses and definitions contained in the guppy® Terms and Conditions of Service that are applicable to this EULA, and that do not contradict it, shall be incorporated herein by reference.