Valid from January 1^st, 2023

Through the native application, created by the Company for iOS and Android systems (hereinafter, the “Application”), GUPPY MOVILIDAD SOSTENIBLE, S.L. (hereinafter, “guppy”. See our Legal notice here) offers to its users (hereinafter, “users” or “user”) a 100% sustainable mobility service per kilometres, minutes or hours of a series of multi-user vehicles, within the service area defined by guppy, subject to the availability of the vehicles that are part of  guppy’s mobility fleet (hereinafter, the “vehicles” or “vehicle”) and other possible associated services during the main service, to foster users’ experience in the field of sustainable mobility, based on the applicable legislation related to each type of commercial exploitation that is included in these Terms and Conditions (hereinafter, the “Service” or the “Services”). The user and guppy may be referred to, henceforth, and interchangeably, as a “Party” or, jointly, as “Parties”.

Users, by using the Application and/or the Service, agree to comply with and be bound by the following Terms and Conditions (hereinafter, the “Terms and Conditions”). The use of the Application and/or the Service attributes the condition of User and, without prejudice to the fact that Users are required express acceptance of any point, implies full acceptance of each and every one of the rules and policies published on www.guppy.es (hereinafter, the “website”), including: these Terms and Conditions, the final license to use the Application (hereinafter, the “EULA”) , as well as the applicable regulations in force at all times, linked to the Service.

The User should be aware that, by signing 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 to motor vehicle insurance and the Pricing Policy, where appropriate, or whichever applicable due to each single mode appointed by user within the Services.

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 e-mail, in addition to making available to them via Website or in the App, 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: legal@guppy.es. Please, note that, for each modification of the Terms and Conditions, guppy will remind the Users of the points included in this paragraph The deadline for the date of sending express oppositions by the Users, must be understood as 23:59 hours of the day when the term ends, and it must up to the date of the submission of the opposition by the user, provided they can prove it, in accordance with current regulations.

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., and individual driverless rental of Vehicles (hereinafter, «Rental of Vehicle» or «Individual Driverless Rental Agreement»).

Prices and rates associated with the Service shall be those in effect from time to time, as set forth in the App and the Website (hereinafter, «Pricing Policy»), at the time each user enters into a contract, for example, an Individual Driverless Rental Agreement, as set forth in the Terms and Conditions, the Pricing Policy and the information displayed to the User on the App.

At all times, the cost per kilometre, minute or hour will be shown on the App, regardless of the billing system that governs the Service offered by guppy. guppy reserves all the power and right to deny registration to any User, if there is any reason to consider that, based on its own criteria, the conduct of the User will not be directed to the full compliance of the contractual relationships necessary to enjoy the Service.

1.             DEFINITIONS

«App» is a mobile application developed in native language for iOS and Android operating systems, to be used through smartphones, owned by guppy. App server, among other things, as means of access for the Reservation and Rental of vehicles and for the registration as User and acceptance of the Terms and Conditions. For more information about the technical availability and operation of the App, please consult the Website (”FAQs”).

«Password» means the password required for access to and use of the Service by the User registered through the App.

«Individual Driverless Rental Agreement» means each of the Driverless Rental Agreements that each User signs with guppy when the User opts in for such mode within the Service, and that regulates that particular Vehicle Lease. Each contract begins once the User interacts with the “Start Rental” button included in the App (the User is reminded that the Reservation does not imply the subscription of the contract) and ends when the “End Rental” button is interacted with. The Individual Driverless Rental Agreement shall be understood to be expressly accepted by the User, in turn, when confirming a Reservation, by the interaction with the Start Rental” button through the App. Without prejudice to the special provisions of the Individual Driverless Rental Agreements particularly negotiated, these Terms and Conditions will apply, as well as the current regulations, which must be taken into account in supplementary manner.

«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 the Reservation of a Vehicle and when interacting with “Start Rental” button.

«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.

«Customer Service» means the telephone or telematics service that guppy makes available at any moment.

«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 App or the Services in accordance with the Terms and Conditions.

«User Profile» means the creation of a virtual identity within the App that will serve to identify the User in his relations with guppy. User Profile is personal and non-transferable for each User, as well as User’s name and Password. Therefore, its use by other person is expressly prohibited.

«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, signing an Individual Driverless Rental Agreement.

«Service Area» means the territorial space conveniently delimited and incorporated for this purpose in the App. The Service Area consists in a delimited space in the provinces in which there are municipalities where guppy provides services through its franchisees. Users are reminded that there is no limitation on the circulation of vehicles through Spain, located on the Iberian Peninsula. In addition, in an illustrative and non-limiting way, it is indicated that, for the purposes of parking the vehicles, all the exclusive spaces for vehicles located in the guppy points are identified in the Terms and Conditions, due to their special interest for Users.

«guppy Area» means the area that corresponds to the space in which evert User may park, without any functional, spatial or temporal restriction, the vehicles, as long as it is properly delimited and identified in the App. The guppy Area does not include those spaces 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 will not be able to start or end the Service. The guppy Area may be extended or reduced on the basis of conventions or agreements between guppy and third parties, which include different Public Administrations, without this implying modifying these Terms and Conditions, in any case.

«guppy Point» means the areas in which the vehicles can be parked by the User for the collection or termination of the Service, beyond the guppy Areas.

«Franchisees» means third parties legally linked to guppy, who provide service to Users within their corresponding Service Area, based on the contractual relationship that they maintain at all times.

2. USER PROFILE

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 App and the Service offered by guppy:

1. First Level. Users will be able to surf the App in a limited way without creating a User account. Iincluding, 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) Examine guppy parking areas. App 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.

2. 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)^[1]. By creating a User Profile, Users of the App 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 App (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[2]. The process of creating a User Profile implies the express acceptance of the Terms and Conditions (as specifically concerned).

3. 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 App, in relation to data verification & analysis previously communicated during such process. Whenever the User interacts through the App 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 App, to reserve exclusively a Vehicle during a period after the interaction with the corresponding link in the App, prior to its effective use (hereinafter, «Reservation»).

So, in order to enter into an agreements regarding the Services and be able to use the vehicles by means of reservation, Users shall:

1. 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:

1. 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

1. 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.

1. If applicable, to have been duly authorized by a company (hereinafter, «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:

1. 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.

1. 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 rented by him form his own account and User Profile. 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.

3. 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:

1. The user is over 18 years old and has a valid driving license for passenger cars, according to current regulations in Spain. In the case of a foreigner User, you must meet the conditions established by Spanish Authorities, which can be checked here and here. In any case, guppy reserves the right not to enable a user who cannot prove the aforementioned circumstances[3].

1. He or she carries the original document authorizing him/her to drive the vehicles, at all times.

• Can prove during the Rental that, at all times, he has used the App to reserve and drive the Vehicles.

1. Maintains an active User Profile on the App.

Validation of User’s identification data provided during the registration process on the App 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 App 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 Law 10/1995, of November 23rd, of the Spanish Criminal Code.

PROCEDURE FOR REGISTRATION

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 App, within the “User Registration” section.

After pressing the button of the App mentioned in the previous paragraph, said process of User’s ID verification will begin.

The User, after receiving express confirmation from guppy, will be able to enjoy his/her User Profile and the App 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 App 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 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 App.

The User, during the registration process, will create a Password to access their User Profile (which include invoice review, access to personal data, etc). The User has the essential obligation to safeguard his Password and his smartphone, since they are considered personal and non-transferable, against any access by third parties and the loss of both. The User will inform guppy, immediately, and will change his Password if it could have been revealed to a third party by any means. guppy recommends to generate a strong Password, that is, one that includes letters, numbers and symbols, without being associated with dates, names or events linked to the User. The User will be liable for any damages that may be caused by the loss of the Password or his/her smartphone, especially if it results in theft, damage or improper use of any vehicle.

4. APP

The App is the only mean available to use the Services offered by guppy. For this purpose, the User shall have a smartphone that meets technical requirements of the App. guppy does not guarantee in any way whatsoever compatibility of the App 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 App shall be borne by the User.

Any conduct aimed at copying, transforming, manipulating or using the App 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.

5. RESERVATION OF VEHICLES AND SIGNING OF THE INDIVIDUAL DRIVERLESS RENTAL AGREEMENT. INFORMATION ABOUT COSTUMERS WITHDRAWAL RIGHT.

RESERVATION

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 App may be reserved for circulation by the User.

The reservation of a vehicle, by a User, does not imply the subscription of any Individual Driverless Rental Agreement. 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 App. 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 App may differ from the actual one: in such case, guppy does not assume any kind of responsibility or liability.

When making the vehicle reservation, by the User’s interaction with the «Reservation» button of the App, the User expressly accepts the guppy Pricing Policy, applicable to the Individual Driverless Rental Agreement at the specific moment in which it is done.

SUBSCRIPTION OF THE INDIVIDUAL DRIVERLESS RENTAL AGREEMENT

The Individual Driverless Rental Agreement is entered into by and between the User and guppy through the App 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[4].

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 App, 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 it.

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 ends when the User completes the procedure for its termination, according to Section 10^th of these Terms and Conditions or when guppy finishes 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 finished by guppy if some regularities are observed in its development. In the event of a payment default derived from a rental that, at the time of its analysis, remains in force and whose duration is greater than 24 hours, guppy reserves the right to finish it unilaterally. If the User wish to enter into a longer-term Individual Driverless Rental Agreement, the User may contact guppy through the proper channels indicated in the Terms and Conditions or via its Website, in order to collect the conditions in which it will be carried out.

guppy may replace any Vehicle with another one at any time, in coordination with the User, if an Individual Driverless Rental Agreements Is in force.

INFORMATION ABOUT THE RIGHT OF WITHDRAWAL

As a general rule, consumers and users have the right to withdraw from the contract for a period of 14 calendar days. But, regarding the activity carried out by guppy, in accordance with current regulations, the right of withdrawal does not apply to Individual Driverless Rental Agreement once the service has been fully executed by the company, which will take place in the moment of starting a rental, since the vehicle is available for the User and inoperative for the rest, assuming a cost for the company.

With the acceptance of these Terms and Conditions, the consumer expressly consents and is aware that, once the contract has been fully executed by guppy, he will have lost his right of withdrawal.

Consumers will be able to exercise their right of withdrawal, contained in articles 102 and following of the Law for the Defense of Consumer and Users, regarding the vouchers or the guppy balance that they have acquired to be able to use guppy. The Term to exercise the right of withdrawal ends 14 calendar days from the purchase of the aforementioned bond.

Before the withdrawal period expires, the User will notify guppy of his or her decision to withdraw from the purchase of the voucher through the following form:

To GUPPY MOVILIDAD SOSTENIBLE, S.L., with registered office at Calle Gregorio Marañón Nº 1, Bajo II, CP 33.203 in Gijón (Asturias, España), with CIF B-67951731, and with e-mail legal@guppy.es: I hereby inform you that I am withdrawing from my voucher purchase contract ____ (indicate the voucher you have purchased and from which you want to withdraw), made on __, ______,  __.
Name and Surname:
Address:
E-mail:
Today’s date:
Sign:

This form must be sent, in a timely manner, to the following e-mail address: legal@guppy.es or to Calle Gregorio Marañón Nº 1 Bajo II, CP 33.203 in Gijón (Asturias, Spain). From said address, you will be sent, on a durable medium, the acknowledgment of receipt of said withdrawal.

6. DISCLAIMERS

The App 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 App 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 App or the Services.

7. PRICES

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 each contract between guppy and the Users.

Prior to the effective signing of the Individual Driverless Rental Agreement by the Users, the App 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 App’s 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 may grant compensations within the App to all those Users who suffer damages not caused by them 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 App, 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.

By accepting these Terms and Conditions, the User expressly accepts that, due to an incident, may carry out the corresponding surcharges that appear in the Pricing Policy, in the cases and circumstances included therein.

8. 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.

9. USERS OBLIGATIONS Y FORBIDDEN ACTIVITIES

The User must contact guppy, for any doubt, incident or query related to the Services, through the following telephone number, available twenty-four hours a day à +34 649 210 756.

In the event of any incident that arises while driving (crash, failure of any kind, problem with another user, …) it is essential that it be communicated to guppy through the previous telephone number. The fact of mentioning the incident in the app, at the end of the rental, does not exempt the need to communicate the situation by telephone.

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 App or through the customer attention line provided by guppy on both the App and Website.
• 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.
• 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 Area or at the guppy points.
• Park and finish the Rental Agreement with, at least, a twenty percent (20%) charge on the battery (equivalent to 50 kilometers of autonomy, more or less).

The 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.
• 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.
• 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.
• Smoke or allow their companions to smoke any type of instrument that is consumed by means of combustion, mopping or similar, etc
• 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.
• Transport infants or children without adequate and approved systems for such purpose according to the Vehicle manufacturer’s instructions.
• Drive outside the limits of the Kingdom of Spain within the Iberian Peninsula.
• Parking vehicles outside the guppy Area or the exclusive spaces incorporated in the guppy points, if this implies an administrative offense or a risk for: (i) Pedestrians, (ii) Traffic in general, (iii) The rest of vehicles that circulate of a surface prepared for the circulation of vehicles, or (iv) Goods, animals and people in general.
• Driving without a current and valid driving license in Spain, with the license expired or without points in it.
• Falsify documentation to access the guppy registry (present false or third-party ID cards with the photograph and altered data).
• Allow a third party to circulate, whether or not they have a guppy account. The contract is signed exclusively with the user, since their account is personal and non-transferable
• Impersonate a third party to be able to use a guppy account.
• End the Lease in private facilities or owned by third parties not linked to guppy.

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:

1. The commercial transport of goods or natural persons.
2. The performance of industrial tasks.

• 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.

10. RENTAL AGREEMENT 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 Area or the exclusive spaces included in the guppy points. The guppy Zone does not include those spaces 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). 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.
• 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 percent (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 telematics connection can be established with the Vehicle through the App 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 the blocking of the centralized locking system of the Vehicle and the effective termination of the rental through the app, proactively by the user, the Individual Driverless Rental Agreement will have ended satisfactorily. The User has the express obligation to verify that the process has concluded, as stated in the Terms and Conditions. If the User abandons the Vehicle without having completed the process, and therefore the Lease, the Lease Agreement without Individual Driver will remain in force and the prices, costs and expenses derived from such situation will be borne exclusively by 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.

The activation of the stand-by mode in a vehicle (vehicle parking without termination of the lease, which activates a special rate set in the Price Policy) does not imply termination of the lease without an individual driver.

TERMINATION OF THE RENTAL AGREEMENT, REMOTELY, BY GUPPY

There are a number of situations where guppy could end the rental to a user remotely:

• When expressly requested by the user. The vehicle must be, necessarily, in a guppy Area or a guppy Point. It will not entail surcharges that the user requests that his rental be finalized by guppy remotely. Examples:
  • Your mobile ran out of battery
  • Cannot finish through app
  • You have lost the Internet connection on your mobile phone
• When, due to technical circumstances, there is an incident in the service. The circumstances of the specific case will be addressed to assess the way to proceed by guppy
• When the user, after a prolonged rental, of several days, incurs successive defaults. At the moment in which the non-payment is detected, from guppy they will contact the user, through a telephone call and email (both included), informing the user that they have a maximum period of twenty-four hours to proceed with the payment of the payment. debt generated. In turn, you are informed that, after the maximum period of twenty-four hours after the call and email, guppy will proceed to end the rental to the user remotely, so the user must have removed their personal belongings from the vehicle.
• When we are faced with a long rental, without kilometres travelled, the vehicle being kept in stand-by at all times. The circumstances of the specific case will be addressed to assess the way to proceed by guppy.
• When an incident occurs, in which the State Security Forces and Bodies intervene, which prevents the user from ending the rental by their own means. The circumstances of the specific case will be attended to in order to assess how guppy should proceed. In these types of cases, which involve the intervention of the State Security Forces and Bodies, the corresponding surcharges established in the Pricing Policy will be imposed. Examples:
  • After a Breathalyzer test, the user tests positive and the vehicle is removed by the tow truck or by our fleet members
  • After an accident, in which the vehicle has to be removed by the crane or by our fleet members

LOST OBJETCS

In the event that, due to the termination of the remote rental by guppy, lost objects have been found inside our vehicles:

In the first place, and without accessing the vehicle, guppy will proceed to call the client and send him an email (both included) in which he will be informed that objects deposited inside the vehicle are observed, and he will be given the possibility to go, at that time, to pick them up, free of charge.

In the event that the user cannot go at that time to collect their personal belongings, the vehicle will be immobilized for a maximum of five hours, with a surcharge of fifteen euros, in accordance with the Pricing Policy, so that the user can attend. to collect your personal items in that period of time.

In the event that the user does not respond to the call made or to the email, or does not contact guppy to collect their belongings, after the previous period of five hours, the following will proceed:

Two guppy members will go to the place where the vehicle is located and, after opening it, they will take a video test in which the vehicle in question is identified (through the license plate data), the user in question whose objects are They are inside, and a visual examination of the outside of the vehicle will be carried out, which will be captured by the recording.

Next, the moment in which a member of guppy proceeds to open the vehicle for the first time will be recorded, examining all the nooks and crannies that exist in it and that are suitable to contain personal objects: glove compartment, vehicle doors, seats, trunk, …

After this, the objects will be deposited in the corresponding Lost Property section of the Local Police, where they will be kept for the maximum period that said Local Police deems appropriate.

During that time, the user will receive periodic notifications in which they will be informed that they have their personal items at their disposal at the guppy offices.

In the event that lost objects have been found in a vehicle after the end of a rental, said objects will be kept in the logistics base corresponding to the Service Area where said object has been found. If, after contacting the user, within a maximum period of one month he has not come to collect his lost property, said objects will be sent to the corresponding Local Police Lost Property Office.

11. ACCIDENTS, DAMAGES AND REPAIS; VIOLATIONS AND PENALTIES; CLAIMS

The User has the inexcusable obligation to immediately inform guppy about any accident, damage or defect that the Vehicles suffer during their circulation or are detected in them at the beginning of the Lease, after making the appropriate reservation.

The User must ensure that any incident during the circulation in which a Vehicle is immersed will be duly reported and registered by the competent State Security Forces and Bodies in each case. If they refuse to record the details of the incident:

• The User will contact immediately by telephone to inform guppy, and will explain the situation; and
• He will ask guppy for instructions on how to proceed and will respect them in any case.

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

• The State Security Forces would have completed the attestation or registration of the data and it would have received express instructions from guppy after notifying the incident;
• The Vehicle would have been delivered to a company designated by guppy for its safe transfer, in coordination with the User, or the User would have always withdrawn it with the express consent of guppy.

Despite what is established in the subsequent section, the User will avoid, if possible and legally admissible, assuming responsibility in the incident, making any type of statement about such event, in relation to the Vehicle he was driving.

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, to be completed within a maximum period of time. of seven (7) calendar days after its effective shipment. In the event that guppy does not receive the written report, within the indicated period, the Vehicle 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 conduct set out in this section is not observed due to its part.

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 damages 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 that the Vehicles incorporate, 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 it.

If there is just cause, guppy could prevent the User from signing any contractual relationship with it. guppy reserves the right of admission and use of its vehicles if it appreciates circumstances that cast doubt on the User’s ability or veracity.

There are complaint forms, available to users, so that they can formulate any type of claim, suggestion or complaint towards guppy.

12. INSURANCE CONDITIONS

The Vehicles have compulsory civil liability insurance. It corresponds to a coverage for third parties with additional coverage as related in the following sections. Only a User authorized by guppy to enjoy the Services and who has signed a rental contract without an individual driver can benefit from insurance coverage.

In the event that the Vehicles are damaged while they are used by the User, when the damage occurs as a result of an incident caused by the User, they will be responsible, in financial terms, for their repair. That is, the insurance company may repeat against the user in the event that he is the cause of an accident, wilful or negligent, and the former has paid the amount to which the specific event amounts.

Unless otherwise stipulated, both the aforementioned insurance and any limitation of liability will be subject to the Certificate and Condition of the insurance subscribed by guppy and the current regulations on compulsory motor vehicle insurance provided for in Law 50/1980, of 8 October, of the Insurance Contract and in the corresponding regulations or any other that may regulate such aspects.

If the User fails to comply with the mandatory rules established in current regulations and, as a consequence, the insurance company is exonerated from the payment of the amount to which the specific event amounts, the insurance coverage described in this section 12 of the Terms and Conditions will not will be applicable.

13. 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

14. USERS’ LIABILITY

The User will be responsible, against guppy, for the damages caused by or to the Vehicles in a gilty way. This includes, but is not limited to: (i) Violations of all kinds of regulations; (ii) Theft, damage or loss of the Vehicles, or any of their components or accessories. The insurance company may repeat against the user in the event that the latter is the cause of an accident, wilful or negligent, and the former has paid the amount to which the specific event amounts.

The User assumes all responsibility if the damage or loss of the Vehicles or the damages caused to third parties are caused by breach of the Terms and Conditions or the clauses included in the motor vehicle insurance policy, or in the current regulations or even if the damages are caused by a third party that the User allows to drive the Vehicle, this driving is not authorized by guppy. In the event that the User is responsible for the incident and that there is no insurance coverage within the framework of the insurance for the Vehicles, the User will indemnify guppy against third-party claims for any concept that may be unacceptable in what is stated within this section.

In the event of an incident caused by the User, provided that the responsibility can be attributed to the User, the obligation of compensation will be extended to guppy, for its part, to all indirect damages that include, in an illustrative but not limited way, the fees of experts, the necessary towing service, the loss of profit proportional to the damaged Vehicle or Vehicles, the increase in the premium paid by guppy to the insurance company with which it collaborates, or any additional administrative costs.

The User will be liable, financially, for all infractions, penalties and crimes committed with the Vehicles. The User will assume all costs, expressly exonerate and hold guppy harmless from any third party claim for these concepts.

In the event that the User causes an incident that damages the Vehicles, outside the Service Area, the User will bear all the costs that must be borne as a result of the transfer of the Vehicle to the guppy logistics base for repair.

If the User breaches 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 service or fast / express recharge on the road, the User will bear the costs of the service and with any additional costs, in accordance with the Terms and Conditions and the Pricing Policy.

The User will pay a specific economic penalty, not a substitute for 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 the first one, a Lease Agreement without a Driver Individual, drive the Vehicle without being authorized by guppy. The same will happen in the event of identity theft by one user of another’s account, in order to use the service offered by guppy without express authorization from the company.

In the event of a substantial and culpable contractual breach, which includes any non-payment, guppy may block access to the Application or exclude the corresponding User from the Services, unilaterally resolving all the contracts that he has signed. The User will be informed of such decision by email.

15. BLOCKING AND DELETING THE USER’S PROFILE

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.
• 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
• Provides personal data to third parties in connection with the App (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 behavior.
• Price of the Rental until the Vehicle is parked, and the Rental is terminated in accordance with the Terms and Conditions.
• All damages to the Vehicle that have occurred in accordance with the Terms and Conditions.

In the event that it is the user himself who wishes to cancel his User Profile in guppy, he must fill out the corresponding Personal Data Deletion form, which is available in the Privacy Policy, and send it to legal@guppy.es.

16. MISCELÁNEA

Any relationship between the User and guppy will be subject to the Terms and Conditions and to Spanish law. In a specific way and without limitation: (i) The Individual Driverless Rental Agreement; (ii) The Pricing Policy; (iii) The Privacy Policy; and (iv) The End User License Agreement (EULA) are subject to the Terms and Conditions as worded or amended.

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.

[1] Personal card payment data is not in any case whatsoever stored by guppy

[2] Photograph of the front and back of their Identity Card, driver’s license and contrast videoselfie. Likewise, guppy may require the user to take a photo, if they deem it necessary, their valid national identity document (or passport) and/or driver’s license, as well as other administrative documentation that is necessary to certify the correct compliance with the legal requirements in force at all times and to send it by email to the following address: legal@guppy.es

[3] Driving license, current and valid, to drive type B passenger cars or equivalent (as long as it is authorized or administratively approved).

[4] Physical Access to a User’s vehicle will occur once the User request, for the first time, in relation to each rental, the opening of its doors from the App (interaction with the slide).

Previous versions

1. 20210224
2. 20200617
3. 20190801