Terms and conditions
ASTUR SERCOMAR, S.L.U.
GUPPY TERMS AND CONDITIONS
Valid from: February, 24, 2021
Fully copy of this T&C as in force at each time is available at [incluir enlace en el que se sitúan las copias de los T&C anteriores]. Spanish version (wording and construction) shall prevail.
Astur Sercomar, S.L.U. (“guppy“) (https://www.guppy.es/aviso-legal/) offers its iOS & Android guppy® apps (“Apps“) to any user (“Users” or individually “User“) by making available a 100% sustainable e-mobility service per kilometers, minutes or hours within the service area defined by guppy, subject to the availability of the vehicles that are part of guppy’s mobility fleet (“Vehicles” or individually “Vehicle“) and any associated services during the rental to foster Users’ experience in the field of sustainable mobility, based on the applicable regulation in connection with said services (“Service“).
User & guppy may be hereinafter referred as “Party” or jointly as “Parties”.
By using the Apps and/or the Service, Users agree to comply with and be bound by the following terms and conditions (“Terms and Conditions“). By using App and/or the Service anyone can be considered as User and, without prejudice to the fact that Users are required to expressly consent it, implies full acceptance of each and every one of the rules and policies published on www.guppy.es (“Website“), including the present Terms and Conditions, end user license agreement (“EULA”), as well as in force regulations upon the Service.
The present Terms and Conditions are applicable to any legal relationship that may be generated between guppy and the Users in connection with the Service. Specifically, the Service is mainly built upon two main elements: (i) User registration —which includes Biometrical ID validation of Users for allowing them to interact with the Vehicles—; and (ii) each legal and binding relationship between a User and a Vehicle as, e. g. an individual driverless rental of Vehicles (“Rental of Vehicle”) —”Individual Driverless Rental Agreement”—.
Any valid registration of Users does not imply any obligation in relation to any contract that a User may enter into. Users must be aware of the different levels of contractual relationship due to the use of the Apps and the Service offered by guppy:
- First level: Users will be able to surf the Apps in a limited way without creating a User account (including, but not limited to: (i) browse and interact with it; (ii) access a geolocation service of the Vehicles; (iii) implement corrections & adjustments; (iv) check the fleet of Vehicles; (v) or examine guppy parking areas). Apps functionalities that may be experienced by Users without a User account will be minimum and may be modified (through additions or suppressions) by guppy without any User previous express consent.
- Second level: by creating a User account (hereinafter, “User Profile“), Users submit to guppy their name and surname, e-mail address, personal cell phone number and personal card payment data (debit or credit card). By creating a User Profile, Users of the Apps expressly accept guppy’s Terms and Conditions. Likewise, during the registration process of the User while enabling its User Profile, the User will have to upload, through the method or system implemented in the Apps (at guppy’s discretion) biometric data about his/her person that allows his/her easy identification, as well as photographs of the documents in force that grant him/her permit to circulate around the service area defined by guppy (both on the front and on the back), in accordance with the current regulations on the traffic rules applicable to motor vehicles.
iii. Third level: in order to enter into a contract, Users must have successfully completed the registration process and have a validated User Profile by obtaining an express confirmation from guppy. Thus, the User will be granted with his personal and non-transferable User Profile, within the Apps, in relation to data verification & analysis previously communicated during such process. Whenever the User interacts through the Apps in order to use the Vehicle with the purpose of circulating in the service area defined by guppy, he will enter into the Rental (every User will be able, through the Apps, to reserve exclusively a Vehicle during a period not exceeding twenty minutes after the interaction with the corresponding link in the Apps, prior to its effective use (“Reservation“).
Prices and rates associated with the Service shall be those in effect from time to time, as set forth in the Apps and the Website (“Pricing Policy“), at the time each User enters into a contract, for example, the Rental, as set forth in the Terms and Conditions, the Pricing Policy, and the information displayed to the User on the Apps.
At all times the cost per kilometer, minute or hour will be shown on the Apps, regardless of the billing system that governs the Service offered by guppy.
guppy keeps all faculties and rights to deny the registration to a User if there is any reason to consider that, based on its criteria, the User’s conduct will not be directed to the full compliance of the contractual relations necessary to enjoy the Service.
User should be aware that, when entering into an agreement with guppy, as for example, the Individual Driverless Rental Agreement, the Terms and Conditions will be complemented by the specific rules and agreements applicable to the Vehicles regarding motor vehicle insurance and the Pricing Policy or whichever applicable due to each single mode appointed by User within the Services.
In any case, and unless it is included in a particular way in specific agreements related to an Enterprise Customer, it is strictly forbidden to drive on or use the Vehicles for:
- the commercial transport of goods or natural persons.
- the performance of industrial tasks.
iii. any surface to which the legislation included in art. 1 of Royal Decree 1507/2008, of 12 September, which approves the Regulation of mandatory motor vehicle civil liability insurance (such as ports and airports) does not cover
guppy expressly reserves the right to reasonably modify the Terms and Conditions as well as the Pricing Policy. Modifications of the Terms and Conditions will be sent to the Users by means of e-mail, in addition to making available to them via Website or in the Apps, whenever the legal relationship between guppy and the User is amended. In this case, guppy will consider that the Users have accepted the proposed changes if within one (1) month from the described communication they do not oppose them in an express way by sending an e-mail to the following address: email@example.com. Please note that, for each modification of the Terms and Conditions, guppy will remind the Users of the points included in this paragraph. Date of dispatch shall be understood as dies a quo with regard to the deadline for sending express oppositions by the Users provided that they can prove it in accordance with the regulations in force.
- “Apps” are a mobile application developed in native language for iOS and Android operating systems, to be used through smartphones, owned by guppy. Apps serves, among other things, as means of access for the Reservation and Rental of Vehicles and for the registration as Users and acceptance of the Terms and Conditions. For more information about the technical availability and operation of the Apps, please consult the Website (section “FAQs“).
- “Password” means the password required for access to and use of the Service by the User registered through the Apps.
iii. “Individual Driverless Rental Agreement” means each of the Driverless Rental Agreements that each User enters into with guppy when the User opts in for such mode within the Service, applies to use the Service through the Apps and which govern that particular Rental agreement, once the User interacts with the “Rental Start” button included in the Apps (the User is reminded that the Reservation does not imply subscription to the Individual Driverless Rental Agreement). Without prejudice to the provisions of the Individual Driverless Rental Agreement negotiated in particular, these Terms and Conditions will be applicable, as well as the current regulations that must be taken into account in a complementary manner. In particular, the Individual Driverless Rental Agreement will be understood to have been expressly accepted by the User when confirming a Reservation by means of the interaction by the User with the “Rental Start” button through the Apps.
- “Pricing Policy” means guppy’s pricing and tariff policy for the use of the Service and that is applicable at all times to each of the Individual Driverless Rental Agreements signed by the User. In particular, Pricing Policy in force at each moment will be understood as accepted by the User when confirming Reservation of a Vehicle.
- “Service” means the different sustainable e-mobility modalities that guppy offers within the Service, including but not limited to, individual driverless reservation and rental service by kilometers, minutes or hours of the Vehicles, by Users, subject to the availability of the Vehicles and the signing by the User of the corresponding Individual Driverless Rental Agreement, in accordance with the provisions of these Terms and Conditions.
- “Airport Service” means, within the Service, among others, the driverless Reservation and Rental by kilometers, minutes or hours of the Vehicles, by the Users, subject to the availability of the Vehicles and to the signing by the User of the corresponding Individual Driverless Rental Agreement, in accordance with the provisions of these Terms and Conditions, which start or end in the airport of Asturias located in Santiago del Monte (Avilés) or another airport included in the Application and properly identified.
vii. “Customer Service” means the telephone or telematic service that guppy makes available at any moment.
viii. “Website” means the guppy website accessible at www.guppy.es
- “Terms and Conditions” means the present document and its amends if applicable.
- “User” means any individual who uses the Apps or the Service in accordance with the Terms and Conditions.
- “User Profile” means the creation of a virtual identity within the Apps that will serve to identify the User in his relations with guppy. User Profile is considered by guppy personal and non-transferable for each User, as well as User’s name and Password.
xii. “Vehicles” means the fleet of motor vehicles that guppy has at any moment and that are available for, among other modalities, Rental by the Users by means of signing an Individual Driverless Rental Agreement.
xiii. “Service Area” means any territory conveniently delimited and incorporated for such purpose in the Apps. Specifically, Users are reminded that there is no limitation on the circulation of the Vehicles within the territory of the Kingdom of Spain located in the Iberian Peninsula. In addition, by way of example and non-limitation, it is highlighted that, for the purposes of parking and parking of the Vehicles, for the time being, the Terms and Conditions identify all the exclusive spaces for the Vehicles located at the Points of Interest, as being of special interest to the Users.
xiv. “guppy Parking Free Zone” is the area that corresponds to the space in which every User may park, without any restriction whatsoever, neither functional, nor spatial or temporal, the Vehicles, as long as it is conveniently delimited and identified in the Apps. By way of example and non-limitation, the Regulated Parking Zone of the city of Gijón is identified for this purpose. The guppy Parking Free Zone does not include those spaces destined for loading and unloading, marked with fords or any others in which the parking of vehicles is expressly prohibited (regardless of whether the restriction is temporary or not). In such spaces, Users may not initiate or terminate the Service. The guppy Parking Free Zone may be extended or reduced on the basis of agreements or arrangements between guppy and third parties, including different public administrations, without this implying any modification of the Terms and Conditions in any case.
- “Points of Interest” are the areas where the Vehicles can be parked by the User for the start or termination of the Service, beyond the guppy Parking Free Zone.
xvi. “Franchisees” are third parties legally linked to guppy, who provide Services to the Users within their corresponding Service Area, based on the contractual relationship in force with guppy.
- USER PROFILE AND PAYMENT OF THE SERVICE
In order to enter into an agreement regarding the Services, for example, the Individual Driverless Rental Agreement, and be able to use the Vehicles by means of Reservation, Users shall:
- Have provided their personal data (name, surname, e-mail address, personal cell phone number, as well as the data corresponding to their payment card: credit or debit) during the registration process and that such data has had been duly validated by guppy:
- the User agrees and guarantees that the payment card (credit or debit) linked to his/her User Profile will allow guppy to charge and collect the amounts accrued in his/her favor as a result of the use of the Service; and
- in case the payment card (credit or debit) linked to his/her User Profile does not allow guppy to charge, the User will have to pay the expenses generated by the management of the economic amounts not paid to guppy, as well as, in addition to the above, an accrued interest fixed in the Pricing Policy.
- if applicable, to have been duly authorized by a company (“Enterprise Client“) to enter into an agreement offered within the Services on its own behalf, being able to enjoy the Service at the expense of the corresponding Enterprise Client, after having effectively linked its User Profile to the Enterprise Client profile:
- the linking of the User Profile to the Enterprise Client will be in accordance with the criteria set out in the Terms and Conditions, in addition to the particular conditions that will be negotiated on a case-by-case basis between guppy and the Enterprise Client.
- if an Enterprise Client expressly authorizes a User to use the Service, the former shall assume all responsibilities that may arise from such use, in accordance with the Terms and Conditions and the Pricing Policy, regardless of the particular conditions that are negotiated on a case-by-case basis, as well as those arising from the regulations applicable to the Service.
- if a User expressly authorized by an Enterprise Client uses the Service, it is understood that: (i) he or she expressly accepts the Terms and Conditions; and (ii) he or she expressly acknowledges and consents to the transfer of any and all information relating to the use of the Service to the Enterprise Client.
- with the exception established within this section, as far as the relationship between the Enterprise Client and the User is concerned, it is strictly forbidden for any User to allow any third party to drive Vehicles. In particular, it is not permitted, under any circumstances (including as regards the relationship between the Enterprise Client and the User), to disclose the User’s access data linked to his/her User Profile (Username or Password) to third parties, even if those third parties may be Users of the Apps and the Service.
- PROCEDURE FOR REGISTRATION AND REGISTRATION OF THE USER PROFILE
- The User registration procedure includes the uploading of the identification documentation required in the Terms and Conditions so that guppy can verify if the User qualifies, based on the current regulations and available modalities within the Services, a priori, to drive the Vehicles. If the verification process is satisfactory, any User will be granted authorization to create a User Profile and, with it, any User will be able to enter into a contract, from those offered by guppy within the Services, as the Individual Driverless Rental Agreement in order to use and drive the Vehicles. In addition, User must be aware that circulation with the Vehicles will only be possible if:
- the User is over 18 years old and has a valid driving license for cars, according to the current regulations of the Kingdom of Spain.
- he or she carries the original document authorizing him/her to drive the Vehicles at all times.
iii. can prove during the Rental that, at all times, he has used the Apps to reserve and drive the Vehicles.
- maintains an active User Profile on the Apps.
- Validation of User’s identification data provided during the registration process on the Apps will determine each User’s ability to use the Services. Such interaction is considered an essential requirement to initiate a variety of technological processes incorporated in the Apps ready to check by guppy all necessary documentation that may allow the User to effectively use the Services and, among other requirements, enter into the Individual Driverless Rental Agreement in accordance with the Terms and Conditions.
Specifically, the User is warned that any conduct aimed at falsifying any documentation required for this purpose will automatically imply a breach of the Terms and Conditions, as well as the commission of an unlawful act which may, depending on the specific circumstances, be considered as an alleged crime against any of the legal assets protected by the Organic Act 10/1995, of November 23rd, of the Criminal Code.
For this purpose:
- The User will be subjected to an electronic procedure set up for validation and verification of the former’s identity (which may consist of recording videoselfie or taking personal photographs, which will reflect, in any case, their facial features in a perfectly identifiable manner provided that sufficient resolution for the photograph/s required is/are understood, by guppy, as perfectly clear, as well as verification of the front and back of the document in force that qualifies them as, among other requirements, enabling to circulate with the Vehicles in accordance with applicable law and the Terms and Conditions. Once the identity verification procedure has been carried out, any User will press the “next” button embedded in the Apps, within the “User Registration” section.
- After pressing the button of the Apps mentioned in the previous paragraph, said process of User’s ID verification will begin.
iii. The User, after receiving express confirmation from guppy, will be able to enjoy his/her User Profile and the Apps unless the document that expressly enables him/her to drive the Vehicles or the indicated and accepted payment card is expired and no longer considered as valid. At all events, the document expressly authorizing the User to drive the Vehicles and credit cards should be in force.
In any case, the User shall acquit to a new procedure of ID verification through the means that are available at that time in the Apps in accordance with the Terms and Conditions. Notwithstanding the foregoing, guppy expressly reserves the right to require to any User to appear before its offices to proceed with a personal check and verification of its identity, as well as to personally check any granted administrative qualification to drive vehicles. If the User does not comply with this requirement, guppy may block his/her User Profile until the former actually complies with such obligation. Otherwise, guppy may, at its sole discretion, cancel such User Profile terminating any contractual relationship in force until that moment with the User, without the latter being able to claim any monetary compensation or liability whatsoever.
- In the event that the User loses or has his/her driving license withdrawn (or if is prohibited for any reason) from driving in the Kingdom of Spain, any right to drive the Vehicles arising in compliance with the Terms and Conditions shall cease immediately. Users shall also promptly inform guppy of the suspension or limitation of their right to drive, the effectiveness of such prohibition or the temporary withdrawal or withholding of its driving license, if the former intends to use the Services through the Apps.
- The Apps are the only means available to use the Services offered by guppy.
- For this purpose, the User shall have a smartphone that meets technical requirements of the Apps. guppy does not guarantee in any way whatsoever compatibility of the Apps with any and all smartphones available in the market. Costs of mobile data transmission derived from mobile or internet service providers that allow the User to interact with the Apps shall be borne by the User.
- Any conduct aimed at copying, transforming, manipulating or using the Apps without complying with the Terms and Conditions by means of any technology or any breach by a User will result in the immediate cancellation of their User Profile and their absolute expulsion as a User, passing on to them any costs and any potential economic compensation arising in such breach defined in this section.
- The User, during the registration process, will generate a Password to access his/her User Profile (which will include invoice review, access to personal data, etc.). The User has the essential obligation to safe (and not disclose) his Password and his smartphone, since they are considered personal and non-transferable, against any access by third parties and from any loss. The User will inform guppy, immediately, and will change his Password if it could have been disclosed to a third party by any means. It is recommended that the User generates a strong Password, such as one that includes letters, numbers and symbols, without being associated to dates, names or events linked to the User’s personal life.
- The User will be liable for any damages that may result from the loss of the Password or their smartphone if it results in theft, damage or misuse of any Vehicle.
- RESERVATION OF VEHICLES AND SIGNING OF THE INDIVIDUAL DRIVERLESS RENTAL AGREEMENT
- Only Users with a User Profile and whose verification and checking process has been successfully completed will be able to sign the Individual Driverless Rental Agreement. Only those Vehicles that have not been previously reserved by another User and that appear available on the Apps may be reserved for circulation by the User.
- A Vehicle may be reserved for twenty (20) minutes exclusively and without any additional charge. The Reservation time prior to its effective circulation may be extended by initiating the Individual Driverless Rental Agreement. Maximum time of the Reservation will be shown on the Apps. guppy may reject any Reservation in case the selected Vehicle is not available to attend such request. guppy states that, due to the inherent inaccuracies of the GPS positioning technology incorporated to the Vehicles, the situation shown to the User through the Apps may differ from the actual one: in such case, guppy does not assume any kind of responsibility or liability.
- The Individual Driverless Rental Agreement is entered into by and between the User and guppy through the Apps when the Reservation is expressly confirmed, and the Rental agreement begins (interaction with “Start Rental”). To drive effectively, the User must interact with the slide included in the Apps (“car opened”). Given the above, the Vehicle will proceed to open its central locking system. By making the Reservation of the Vehicle, through the interaction by the User with the “Reserve” button showed on the Apps, the User expressly accepts the Pricing Policy of guppy applicable to the Rental agreement at such concrete moment.
- Before ignition of Vehicle for its effective circulation, the User is expressly obliged to (i) check, in situ, any defects, damages and serious dirtiness that may affect the exterior or interior of the Vehicle; and (ii) inform guppy about it, either through the Apps, according to the system that may be implemented or by means of a telephone call to the customer attention service available at each moment. In case of serious damage, the User shall contact guppy by phone to communicate the status such damage. The User is aware that, in order to guppy to be able to settle liabilities with the third party who had caused said damages, he/she will have to inform, in this respect, before starting the engine of the Vehicle. The User expressly undertakes to provide all the information about the Vehicles, which is within his/her reach, in a complete manner. If guppy were to understand that the circulation of any of its Vehicles could be compromised, it shall be entitled to prohibit the use of the same by any User, without any compensation or indemnification being derived from this.
- The duration of the Individual Driverless Rental Agreement begins with the signing by the User and shall end when the User completes the procedure for its termination, according to Section 10 of the Terms and Conditions or when guppy terminates it at its sole discretion based upon reasonable circumstances.
- Likewise, guppy may prohibit any use of the Service and the Vehicles by the Users if it understands that any of these violates any stipulation included in the present Terms and Conditions.
- Any Individual Driverless Rental Agreement that extends beyond two days may be unilaterally terminated by guppy. Should the User wish to enter into a longer-term Individual Driverless Rental Agreement, the former may contact guppy through the proper channels indicated in the Terms and Conditions or via its Website.
- guppy may replace any Vehicle with another one at any time, in coordination with the Users if an Individual Driverless Rental Agreement is in force.
- On the basis of the regulations in force, the right of withdrawal does not apply in the Individual Driverless Rental Agreements. Therefore, Users who may be considered as “consumers” and have already entered in an Individual Driverless Rental Agreement shall not be entitled to revoke their express consent given through the Apps as established in the present Terms and Conditions.
- The Apps offered by guppy to the Users are developed upon the state-of-the-art technology and are subject to restrictions or inaccuracies inherent and implied in the necessary technological tools used for the normal development of the Services. It is not possible to clearly define what is understood by the normal development of the Services since the effective provision of the Services offered by guppy to the Users is subject at all times to restrictions or inaccuracies that are not under guppy’s control, but under third parties (availability of services related to mobile data provided by mobile network operators, the mobile network itself, positioning and geolocation services, Internet access, weather conditions affecting the networks, topographic obstacles, network overloads, etc.).
- guppy also warns any User that the technological means used by guppy to check and verify Users’ identity during the registration process are also within the current state of the art. However, it is impossible to guarantee that such measures are effective at all times and under all circumstances.
- Furthermore, possible interruptions associated to the Services based on force majeure must be taken into account by Users (such as strikes, lockouts, etc.), without it being possible to derive any responsibility or liability towards guppy for such interruptions in the Services.
- Notwithstanding the above, Services offered by guppy to the Users may cease during repairs, maintenance work, updates or simple implementations of improvements made to the physical or digital equipment of the Apps or Vehicles, which are necessary for an adequate and continuous improvement of the Services.
- guppy expressly informs Users that no specific service level agreement or warranty is guaranteed in relation to the Apps or the Services.
- The User will pay the prices, rates and costs in force and linked to the Services included in the Pricing Policy, which can be observed from the Website. Users are reminded that the Pricing Policy is subject to unilateral modifications by guppy.
- The prices in force shall be those applicable to each effective signing of the each contract between guppy and the Users.
- Prior to the effective signing of the Individual Driverless Rental Agreement by the Users, the Apps shall show price per kilometer, minute or hour applicable to that specific contractual relationship. guppy guarantees that Users shall be aware, without having to display any additional conduct at the mere beginning and continuation of the Apps’ user experience flowchart, of all prices, costs and fees that will be applied to them at all times, prior to entering into an agreement. The prices are final prices that include legally applicable VAT. Payment by the Users will be made automatically at the end of each contract, through the procedure that guppy considers applicable at each moment.
- If any of the Vehicles fails during each contract, for reasons not attributable to the User or any of them appear not to be suitable for circulation despite having received express confirmation from guppy, no amount will be charged to the User.
- guppy will not return payments already made, linked to the Services, by the Users under any circumstances. However, guppy may grant compensations within the Apps to all those Users who suffer damages not caused by the latters or derived from their conduct during the effective circulation and the Rental of the Vehicles, which may consist of additional free kilometers, minutes or hours, or other specific compensation whenever it is announced to the Users by guppy.
- Free kilometers, minutes or hours received by the Users may only be uploaded to their User Profile and never to the profile of an Enterprise Client. Free kilometers, minutes or hours cannot be transferred to another User or to another third party. If the free kilometers, minutes or hours granted by guppy to the User were of several categories, they will be allocated applying FIFO criteria (or other decided by guppy).
- Payments made by an Enterprise Client will be specifically negotiated on a case-by-case scenario that may specifically govern each contractual relationship between guppy and the former.
- Payments by any Enterprise Client shall be made by bank transfer or wire transfer upon receipt of the relevant invoice in accordance with the terms specifically negotiated. In addition, charges may be made to a payment card (credit or debit) that has been previously appointed by each Enterprise Client in the Apps, in their User Profile, or through bank transfer after the issuance of the corresponding invoice, if the Enterprise Client specifically request it.
- guppy will be able to organize collections and payments through the system that the former decides at each moment, at its own criteria, by way of implementation of a system of bonds, tokens or virtual credit, based on the Service payment in advance by the User prior to enter into each Individual Driverless Rental Agreement.
- ASSIGNMENTS, AUTHORIZATIONS AND PRIOR NOTIFICATIONS
- guppy reserves the right to assign any credit rights in its favor from all contracts signed by the User. If the assignment of a credit by guppy does take effect, the User will only be released from the debt if the latter pays it to the assignee, who will be correctly identified by guppy. Notwithstanding the above, guppy will continue to be part of the legal relationship with the Users and must comply with all the obligations included in the Terms and Conditions.
- The User expressly authorizes guppy, or in case of an assignment of credits by guppy, the assignee, to collect the amounts and compensations, including costs to be paid by the User under the scope of any agreement entered into or to be entered by the parties upon direct debit charge from its payment card (credit or debit) linked to each specific User Profile. In this specific case, guppy will provide all necessary data so that the transfer of credits to the assignee can take effect without any inconvenience, without the assignee being able to carry out the processing of the credits for any other purpose.
- USERS OBLIGATIONS
- Any User must contact, if any doubt or incident related to the Services arises in, with guppy, through the means included in the Apps that, at least, will include a telephone number available twenty-four hours a day.
- The User shall:
- take care of the Vehicles, complying with the manufacturer’s operation manual as well as the recommendations on: (i) running-in; (ii) wheel pressure; (iii) load of the Vehicles for circulation; and (iv) operating fluids. If necessary, you must make the necessary adjustments.
- notify guppy of any damage you identify in the Vehicles through the Apps or through the customer attention line provided by guppy on both the Apps and Website.
iii. check and ensure that, in your judgment, the Vehicle you are using to drive is in a condition that ensures road safety as well as operational safety.
- protect the Vehicles from potential theft (after Rental termination windows must be completely closed, and the central locking system must be completely locked).
- comply with all regulations concerning the operation and circulation of the Vehicles, in everything that is not assumed by guppy in the Terms and Conditions.
- stop circulating if any Vehicle shows signs of breakdown, either because they are shown on its dashboard or because they are sensitive-perceptible by the User. In such case, User shall: (i) immediately contact guppy; (ii) specify breakdown signals shown by the Vehicle; and (iii) send a proof (photograph or video) to the e-mail address indicated by guppy.
vii. ensure that, prior to start of circulation (if Rental modality), Vehicle’s battery has sufficient charge to (i) comply with the User’s intended destination; (ii) initiate a battery charging process; or (iii) be parked in the guppy Free Parking Zone or at the Points of Interest.
- User shall not, under any circumstances:
- drive any Vehicle under influence of alcohol, drugs, medication or any substance that impairs driving ability or reflexes. Specifically, User guarantees that, when driving the Vehicles, his/her alcohol level is 0.00 mg/l in exhaled air and 0.00 g/l in blood alcohol;
- to disable any safety or electronic system of the Vehicles or to modify their physical or technological structure, unless it is necessary to transport children or babies in order to comply with the manufacturer’s instructions in those cases.
iii. use the Vehicles for training or instruction in any type of driving; or drive above the speed permitted on each corresponding section, according to the regulations in force.
- use the Vehicles to transport, albeit randomly and non-professionally, highly flammable, poisonous or dangerous substances to the extent that they considerably exceed the quantities for domestic use.
- introduce into Vehicles substances or objects that impair driving safety (skis, large boards, etc.) or damage the interior of the Vehicles due to their nature, size, shape or weight.
- use the Vehicles as a means or instrument to commit crimes or unlawful conduct.
vii. smoke or allow their companions to smoke any type of instrument that is consumed by means of combustion, mopping or similar, etc.
viii. transport animals in the Vehicles, unless they are placed in the trunk and safely, and provided that the condition of the Vehicles is not affected (including, but not limited to: physical damage, presentation and cleanliness of the Vehicles, etc.)
- soil or leave residues, of any kind, inside the Vehicles at the end of the Rental.
- transport more passengers than the applicable legislation allows in relation to the Vehicles or circulate with the Vehicles without respecting the applicable safety measures.
- carry out repairs or modifications to the Vehicles without the express prior written consent of guppy.
xii. transport infants or children without adequate and approved systems for such purpose according to the Vehicle manufacturer’s instructions.
xiii. drive outside the limits of the Kingdom of Spain within the Iberian Peninsula.
xiv. park Vehicles outside the guppy Parking Free Zone or the exclusive spaces incorporated in the Points of Interest, if this entails an administrative infraction or a risk for: (i) pedestrians, (ii) traffic in general; (iii) other vehicles circulating on surfaces prepared for the circulation of vehicles, or (iv) goods, animals and persons in general.
- RENTAL TERMINATION
- In order to duly terminate each agreement based upon any modality included within the Services the User shall:
- park the Vehicle within the guppy Free Parking Zone or the exclusive spaces included in the Points of Interest (a Vehicle shall not be understood to be properly parked if it is public or notorious that, within a period not exceeding six (6) hours, part or all of the guppy Free Parking Zone shall suffer a specific and express limitation or prohibition of parking —e.g., weekly market area on a specific day of the week—). Any failure to comply with the traffic rules or prohibitions imposed by any owner linked to the guppy Parking Free Zone or to those of the Points of Interest shall be borne by the User.
- not terminating the Rental in private facilities or private property of third parties not linked to guppy. This prohibition is also applicable to public parking lots, shopping centers, supermarkets, restaurants, etc., as well as to universities and similar institutions. Vehicles shall be available for any potential client/user at any time.
iii. in the event that you use the electric charging cable located in the trunk of the Vehicle, leave it in the same condition and state as it was, unless you terminate the Individual Driverless Rental Agreement and keep the Vehicle connected to a charging station.
- park and end your trip having at least a twenty (20%) of charge in each electric battery of Vehicles (equivalent to ± 50km of autonomy);
- in any case, it is essential that the User parks the Vehicle, as stipulated in this section of the Terms and Conditions, provided that a telematic connection can be established with the Vehicle through the Apps at the parking location. If the above is not possible, the User shall change the location of such parking lot in order to satisfactorily terminate the Rental.
- Once the termination of the Rental requested by the User is confirmed, after blocking the Vehicle central locking system, the Individual Driverless Rental Agreement will be considered as successfully terminated. The User has the express obligation to check that the process has been completed as set out in the Terms and Conditions. If the User abandons the Vehicle without the process having been completed, the Individual Driverless Rental Agreement will remain in force and the prices, costs and expenses derived from such situation will be exclusively charged to the User.
- If the process of terminating the Rental cannot be completed due to technical reasons, the User must immediately contact guppy and remain with the Vehicle until guppy expressly informs him/her of the way to proceed. Any expenses related to the additional time to their request of termination of the Rental will be calculated by kilometers, minutes or free hours in subsequent trips made with the Vehicles if it is understood that the User has not violated the Terms and Conditions.
- In case of accident or incident that disables the Vehicles, the Rental will end when it is delivered to the third party designated by guppy for its effective towing.
- ACCIDENTS, DAMAGES AND REPAIRS; VIOLATIONS AND PENALTIES
- The User has the inexcusable obligation to immediately inform guppy about any accident, damage or defect suffered by the Vehicles during their circulation or detected at the beginning of the Rental after making the appropriate reservation.
- The User shall ensure that any incident during the circulation in which a Vehicle is immersed will be duly reported and registered by the competent authorities in each case. If they refuse to record the details of the incident:
- the User will immediately contact guppy and explain the situation; and
- will request instructions from guppy on how to proceed and will respect them in any case.
- The User will only be able to leave the place of the incident if:
- the report drafted by the authorities has been completed and the User has received express instructions from guppy after notifying the incident.
- the Vehicle has been delivered to a company designated by guppy for its safe transfer, in coordination with the User, or the User has withdrawn the Vehicle with the prior express consent of guppy.
- Notwithstanding the provisions in the following section, the User shall avoid, if possible and legally admissible, assuming any liability regarding any incident by making any kind of statement about such event in relation to the Vehicle driven.
- Regardless of everything set forth in Section 11 of the Terms and Conditions, in the event of an incident involving any of the Vehicles, guppy may deliver a form to the User, after communication of the incident, for him/her to fill in within a maximum period of seven (7) calendar days after it is actually sent. In case guppy does not receive the written report within the indicated term, Vehicles insurance will not be able to settle the claim. Therefore, whenever guppy is obliged to assume and repair the damages suffered by the Vehicles, originated in the incident, it may pass on to the User the cost of the effective repair if the rules included in this section are not observed by the User.
- guppy is entitled to receive any compensation that is satisfied or derives from any incident in which a Vehicle has been involved, in relation to the damage suffered by it. If the User receives the economic amount in his place, he must transfer it to guppy immediately and without being required to do so.
- At the direct request of guppy, and without prejudice to the technological systems incorporated in the Vehicles, the User must indicate the exact location of the Vehicle at any time, as well as allow its physical inspection by guppy employees or third parties expressly authorized by guppy.
- If there is a justified cause, guppy may prevent the User from signing any agreement or from using the Vehicles.
- INSURANCE CONDITIONS
- Vehicles have a mandatory civil liability insurance. It corresponds to a third-party coverage with additional coverages as listed in the following sections. Only a User authorized to enjoy the Services may benefit from the insurance coverage.
- In the event that the Vehicles are damaged while being used by the User, when the damage occurs as a result of an incident caused by the User, the User will be responsible, in economic terms, for the repair of the Vehicles.
- Unless otherwise stipulated, both the aforementioned insurance and any limitation of liability shall be subject to the Certificate and Conditions of the insurance underwritten by guppy and to the regulations in force regarding mandatory motor vehicle insurance as provided for in Act 50/1980, of October 8, on Insurance Contracts and any other regulations that may regulate such aspects.
- If the User does not comply with the mandatory rules set forth in the regulations in force and, as a result, the insurer is exonerated from the payment of the amount in connection with the specific event, the insurance coverage described in this paragraph 12 of the Terms and Conditions shall not apply.
- GUPPY’S LIABILITY
- guppy shall be held liable with regard to anything set forth in law if it is in connection with damages caused by willful intent or gross negligence from its employees, sub-contractors, representatives or agents.
- A cap limitation is set in relation to grossly negligent conduct, for all liability not included in the previous paragraph, on the part of guppy. Such limitation is fixed in the amount of the typical or foreseeable damages that can be derived or understood as plausible given the Service that guppy provides to the Users and shall only be applicable in the event of breach, by guppy, of an essential contractual obligation. If a non-essential breach by guppy occurs, without gross negligence, there will not be any right to claim for the Users. What is included in this section will also be extended to the third parties related within the previous section.
- The above limitations of liability shall not have any effect if there is an imperative rule that cannot be altered by the autonomy of the parties will subject to the present Terms and Conditions.
- USERS LIABILITY
- The User shall be held liable for damages caused by or to the Vehicles. This includes but is not limited to: (i) violations of regulations of any kind; (ii) theft, damage or loss of the Vehicles, or any of their components or accessories.
- The User will be held liable if the damage or loss of the Vehicles or the damage caused to third parties is caused by a breach of the Terms and Conditions, any of the provisions included in the motor vehicle insurance policy, any regulation in force, or if the damage is caused by a third party that the User allows to drive the Vehicle (if a Rental is entered into). In case the User is held liable for any incident and there is no insurance coverage within the framework of the insurance for the Vehicles, the User shall indemnify guppy against any claims from third parties for any concept that may be included within this section.
- In the event of an incident caused by the User, provided that the responsibility may be allocated to the User, the obligation to indemnify guppy shall be extended to all indirect damages including, but not limited to, fees of experts, necessary towing service, loss of profit proportional to the damaged Vehicle(s), increase in the premium paid by guppy to the insurance company with which it collaborates, or any additional administrative costs.
- The User shall be held liable for all infractions, penalties and crimes committed with the Vehicles. The User shall assume all costs, and the former exonerates and expressly undertakes to indemnify guppy from any claim received by third parties for such concepts.
- In the event that the User causes an incident that damages the Vehicles outside the Service Area, the User shall be responsible for all costs arising in as a consequence Vehicle transfer to guppy’s logistic base for its repair.
- If the User fails to comply with Section 10 of the Terms and Conditions and guppy understands that it is necessary to relocate the Vehicle, or that a third party linked to guppy contracts a towing or fast/express reloading service on the road, User shall bear the costs of the service and any additional costs, in accordance with the Terms and Conditions and the Pricing Policy.
- User will pay a specific economic penalty, not a substitute for the compensation for damages that may correspond to guppy or other penalties included in the Terms and Conditions, if he allows a third party, after having signed an Individual Driverless Rental Contract, to drive the Vehicle.
- In case of substantial and negligence driven breach of contract, including any non-payment, guppy may block access to the Apps or exclude such User from the Services, unilaterally terminating all contracts signed by him/her. User shall be informed of such decision by e-mail.
- BLOCKING AND DELETING THE USER
- The license to use the Apps and the Services included therein may be revoked and terminated, respectively & unilaterally by guppy, if the User:
- is a consumer and fails to make two overdue payments, regardless of the amount.
- stops making payments on a regular basis.
iii. is a public entity or a merchant acting within the scope of its business activities and has not made any of the payments due to it (by way of illustration but not limitation: Enterprise Client).
- makes false statements or omits relevant facts at the time of registration and creation of the User Profile.
- maintains a situation of breach of contract after having been duly notified by guppy
- drives under the influence of alcohol or drugs; and
vii. provides personal data to third parties in connection with the Apps (personal identification or Password), contrary to the Terms and Conditions.
- Under this Section, guppy will block access to the Vehicles immediately upon Users reception of such notification to that effect.
- In the event that any Individual Driverless Rental Agreement has been terminated, guppy may claim, in particular, against the User:
- the immediate return of any Vehicle being used by the User at such time. In case User does not return the Vehicle following guppy’s instructions, guppy may take possession of it by any necessary and proportional means, and the User will have to pay all the expenses and costs derived from such behaviour.
- price of the Rental until the Vehicle is parked, and the Rental is terminated in accordance with the Terms and Conditions.
iii. all damages to the Vehicle that have occurred in accordance with the Terms and Conditions.
- BOILER PLATE PROVISIONS
- When the User is not considered as a consumer, the exclusive forum to settle any conflict that may arise in relation to the Terms and Conditions, or any contract specified in the previous Section, shall be the courts of the city of Oviedo (Asturias), without being affected by this provision the mandatory rules on each jurisdictional forum.
- User may only assign to third parties any right derived from any contractual relations that he/she has with guppy if the latter gives prior written consent.
- The present Terms and Conditions are the set of provisions applicable to any legal relationship that may be in force between Users and guppy, as well as applicable regulations and any particular condition that may be negotiated on a case-by-case scenario between guppy and other third parties (by way of example but not limitation: Enterprise Clients).
- Any amend of the Terms and Conditions must be implemented in writing and will be previously notified to the Users if their interests are potentially affected, in a negative way, in relation to guppy.
- guppy may modify the Terms and Conditions at its discretion to correct typographical errors or avoid potential confusing interpretations of its sections if the rights of the Users are not affected.
- If one of the sections of the Terms and Conditions were to be declared null and void by a final judgment, regardless of the cause, this would not affect the effectiveness of the rest of the sections contained in them.
 guppy biometrical identification: ID photographed & driver’s license on both sides + videoselfie
 Personal card payment data is not in any case whatsoever stored by guppy
 Likewise, guppy may require the User to photograph, if it is considered necessary, his or her valid national identity card (or passport), and to send it by e-mail to firstname.lastname@example.org
 Valid driving license for type B cars or equivalent (provided that it is officially approved)
 Reservation does not imply any User entering into a Rental
 Physical access to a Vehicle will occur once the User requests, for the first time, in relation to each scheduled trip, the opening of the Vehicle’s doors by interacting with the Apps (slide interaction)
 Users shall understand that, if Services are entered into by and between a Franchisee, the Terms and Conditions applicable to the Service must be understood as an agreement between the former and the latter. Thus, in this case, it must be understood that, according to the wording of the Terms and Conditions, the term “guppy” must be replaced by the “Franchisee”.
 By entering the VAT ID Enterprise Client in the Apps if previously expressly approved by the latter in order to connect the User Profile to the Enterprise Client
 Geolocation, length of journey, kilometers traveled, etc.
GUPPY® APPLICATION END USER LICENSE
This document constitutes the license for all end users of the Guppy® mobile device application (hereinafter “EULA”). It is a binding legal agreement between the user who downloads and installs Guppy on his device (hereinafter, the “User”), as an individual or entity, and Astur Sercomar, S.L.U. (hereinafter, “Astur Sercomar”).
By downloading, installing or using Guppy for Android, iOS or other mobile platform to make it available, as appropriate (hereinafter, the “Application”), the User agrees to abide by the terms of the EULA. If the user does not accept the EULA, Astur allows him to check the corresponding acceptance box and not use the application.
The User acknowledges and declares that the installation or use of the Application implies that he has read, understood and expressly consents to the EULA. The User, in addition to the EULA, sometimes sold the terms and conditions and everything that regulates the use of the elements that make up the set of services offered by Astur Sercomar and linked to Guppy.
The Application provided under this EULA is directed exclusively to the services offered by Astur Sercomar in relation to Guppy. The use of the software or the content of Guppy, as well as the information contained therein is integrated (except a backup copy) requires a specific license from Astur Sercomar.
The Application can be downloaded from the internet (main markets) and allows the User to access the Guppy functionalities assigned to it as the services offered, directly from Android devices, iOS or any mobile device supported by the Application (hereinafter, the “Device”). The User may download the Application regardless of whether he uses the services related to Guppy, but must associate it with his Guppy User account for the beneficiary of all its functions.
Hereby, Astur Sercomar grants the User, subject to the terms and conditions of this EULA, a non-exclusive and non-transferable personal license for:
a) use the Application for a use linked to the services offered by Astur Sercomar in relation to Guppy;
b) install the Application on a Device, keep it synchronized with a Guppy user account; Y
c) make a copy of the application in readable format on any machine as a backup copy, provided that the user reproduces the application in its original form and with all the proprietary notices required in such a backup.
In order to clarify the above, Astur Sercomar does not intend to prohibit the installation or creation of backup copies of the Application of or on another Device for which the User has given his consent to the EULA (or has synchronized his Guppy User account) . Each EULA to which the User gives his / her consent grants him the right as previously indicated for the installation, use and creation of backup copies of the Application on a Device.
3. OWNERSHIP. MORAL AND HERITAGE RIGHTS
The authority, the intellectual property and all the remaining rights that belonged to Astur Sercomar or to those who had created the Application, by the mere fact of being the creator of the Application will remain their property. The only user license granted to the User is the one contained in the EULA.
The User acknowledges and declares that he will only use the Application in accordance with current legislation and the agreements he accepts and subscribes for the mere fact of using Guppy®.
The User cannot:
a) create derivative works based on the Application;
b) use the Application with uses other than those contemplated in the EULA or in the Terms and Conditions of the Guppy® Service;
c) sell, assign, authorize, disclose, distribute, communicate publicly or in any way transfer or make available to third parties the Application or a copy of it;
d) alter, transform, translate, decompile, reverse engineer, reverse the development or assembly, attempt to carry out any action that is similar to those described, except to the extent permitted by current regulations; or
e) delete or alter distinctive signs that are owned by Astur Sercomar and that identify its products or services integrated in the Application.
5. PRIVACY AND PERSONAL DATA
6. EXCLUSIONS OF LIABILITY
Astur Sercomar does not guarantee that the functionalities incorporated in the Application meet all the needs or expectations that the User expects to find, or the same operation without errors, or in an uninterrupted manner, or that any defect, however minimal, can be corrected, or Finally, that the Application is compatible with a specific platform. The Application offers users “as is” and without any warranty, express or implied.
In addition, Astur Sercomar expressly waives the granting of guarantees of all kinds, both express and implied.
7. MODIFICATION OF EULA
Astur Sercomar may modify, correct and update the Application by notifying the User by electronic means that it has identified in the Guppy® Terms and Conditions of Service. In the event that Astur Sercomar modifies the Application or the EULA, the User may terminate their connection with it, provided that they stop using the Application and the Guppy® Service. Astur Sercomar, for its part, may determine, at any time, the termination of the contractual relationship with the User in relation to the Application, without any reason, prior notification thereof, as set out in the Terms and Conditions of the Guppy® Service .
8. USE OF THIRD PARTY SOFTWARE
The Application may contain or be provided with open source software. The copyright of the third party open source software will belong to the owners of the copyright indicated or indicated therein.
By accepting the EULA, the User exempts Astur Sercomar, its employees, or group companies from any responsibility for any direct or indirect damage arising from the use of the Application or other material related to it.
10. CROSS REFERENCE TO THE TERMS AND CONDITIONS OF THE GUPPY® SERVICE
All clauses and limitations of the Guppy® Service Terms and Conditions, which are applicable to the EULA, and that do not contradict it, need to be incorporated by reference.
Access to the Guppy® Service Terms and Conditions: [add link to the Terms and Conditions]