ASTUR SERCOMAR, S.L.U.

GUPPY TERMS AND CONDITIONS

Valid from: August 1, 2019

Through the native application for iOS and Android systems (hereinafter, the “Application”), Astur Sercomar, S.L.U. https://www.guppy.es/aviso-legal/ (hereinafter “Guppy”) offers its users (hereinafter “Users” or individually “User”) the driverless rental service for kilometers, minutes or hours of multi-user vehicles (carsharing) within the service area defined by Guppy (hereinafter, the “Lease”), subject to the availability of vehicles that are part of the Guppy fleet (hereinafter, the “Vehicles” or individually the “Vehicle”) and possible associated services during the lease to favor the User experience, in the field of sustainable mobility, based on the applicable legislation related to this modality of commercial exploitation (the “Service”).

The User and Guppy can be referred to interchangeably, as a “Party” or, could, as “Parties”.

Users, when using the Application and / or the Service, undertake to comply with and will 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, notwithstanding the fact that Users are required to expressly accept it at any end, implies full acceptance of each and every one of the rules and policies published on www .guppy.es (hereinafter, the “Website”), including the current Terms and Conditions, the final license for the use of the Application, as well as the applicable and current regulations at all times related to the Service.

The Terms and Conditions are applicable to all legal relationships that are concluded between Guppy and the Users linked to the Service. Specifically, the Service is built, mainly, on several pillars that imply three well-differentiated overlapping legal relationships: (i) User registration – “Base Contract” -; (ii) validation of the necessary documentation of the Users to operate with the Vehicles – “Identity Verification and Verification Contract” -; and (iii) Leasing of Vehicles – “Lease Agreement without Individual Driver” -.

The subscription of the Base Contract does not imply any obligation or right for the Parties to demand the signing of the Identity Verification and Verification Contract or the Lease Agreement without an Individual Driver.

Users must be of the different levels of contractual linkage implied by the use of the application and the service offered by Guppy:

1. First level: Users may browse the Application in a limited way without creating any User account (specifically, and not limited to, they can: (i) browse and interact with it; (ii) access a geolocation service of the Vehicles; (iii) make specific adjustments; (iv) verify the fleet of Vehicles; (v) or visualize the Guppy parking areas). The functionalities that users can access without a user account in the application will be minimal and can be modified (by additions or deletions) by Guppy without their express consent.

ii) Second level: by creating a User account (hereinafter, “User Profile”), Users give Guppy their first and last name, email address, personal mobile phone number and personal card information own for payment (debit or credit). The process of creating a User Profile by an Application User implies the express acceptance of the Terms and Conditions (as specified) and the subscription of the Base Contract (at the time when the delivery process begins of data to Guppy by the User). Also, during the User registration process for the creation of the User Profile, the User must upload, through the method or system that at any time allows or enables the Application, a discretion of Guppy, a photograph of his face, clear, in a resolution that allows to verify perfectly all the features and features of this, as well as a photograph of the current document that accredits you to circulate through the service area defined by Guppy (both front and back), in accordance with the regulations in force regarding the circulation of motor vehicles. The sending and the session of the photographs described in this section to Guppy imply the automatic signing of the Identity

iii) Level level: in order to perform a Lease, the User must: (i) have signed the Base Contract; (ii) have signed the Identity Verification and Verification Contract and (iii) have obtained an express confirmation from Guppy by means of which their personal and non-transferable User Profile is definitively enabled, within the Application, in relation to the analysis and verification of the data and documents previously communicated by this during such process. Whenever the User interacts through the Application to dispose of the Vehicle with the object to circulate through the service area defined by Guppy, he will sign the Lease Agreement without an Individual Driver (any User may, through the Application, exclusively reserve a Vehicle , for a period not exceeding twenty minutes after the interaction with the corresponding link in the Application, prior to its effective use (hereinafter, the “Reserve”).

The prices and rates linked to the Service will be those that are in force at all times, included in the Application and the Website (hereinafter, the “Price Policy”), at the moment in which the Lease Agreement is signed by each User without Individual Driver, as stipulated in the Terms and Conditions, the Price Policy and the information that is displayed to the User on the Application screen.

At all times the cost per kilometer, minute or hour is found in the Application, the billing system that governs the Service offered by Guppy.

Guppy reserves all power and right to deny the registration of a user if there is any reason to consider that, on the basis of its criteria, its conduct will not be directed towards full compliance with the contractual relationships necessary to enjoy the Service.

The User must be aware that, when signing the Lease Agreement without an Individual Driver, the Terms and Conditions will be complementary by the specific rules and agreements applicable to the Vehicles in relation to motor vehicle insurance and the Price Policy.

In any case, and unless specifically specified in specific agreements related to a Business Client, it will be strictly forbidden to drive through or use the Vehicles to:

1. the commercial transport of goods or people;

1. ii) the performance of industrial tasks;
2. iii) any surface to which the legislation included in art. 1 of Royal Decree 1507/2008, of September 12, which approves the Regulation of compulsory civil liability insurance in the circulation of motor vehicles (such as ports and airports)Guppy expressly reserves the right to reasonably modify the Terms and Conditions, as well as the Pricing Policy. The modifications of the Terms and Conditions will be sent to the Users by email, in addition to making announcements and publications available on the Website or in the Application. Guppy will consider that the Users have accepted the proposed changes if within one (1) month of the described communication they do not expressly oppose them by sending an email to the following address: hola@guppy.es. In any case, for each modification of the Terms and Conditions or the proposed Price Policy, Guppy will remind Users of the ends included in this paragraph. As for the deadline for the date of submission of express oppositions by users who must understand the date of shipment, provided we can accredit it in accordance with current regulations.

1. DEFINITIONS
2. “Application” is a mobile application developed in native language for iOS and Android operating systems, in order to be used by smartphones, owned by Guppy. The Application serves, among other things, as a means of access for the reservation and lease of Vehicles and for registration as Users and acceptance of the Terms and Conditions. For more information on the technical availability and operation of the Application, see the Website (“Frequently Asked Questions” section).

1. ii) “Password” means the password required for access and use of the Service for the User registered through the Application.

iii) “Individual Driverless Lease Agreement” means each one of the lease contracts of driverless vehicles that the User signs with Guppy each time he requests to use the Service through the Application and regulates that particular Vehicle Lease , once the User interacts with the “Start rental” button included in the Application (reminds the User that the Reservation does not imply signing the Lease Agreement without an Individual Driver). Without prejudice to what is specifically provided, specifically, in the Individual Driverless Lease Contracts negotiated especially, where appropriate, these Terms and Conditions will apply, as well as the current regulations that must be taken into account in a supplementary manner. In particular, the Individual Driverless Lease Agreement was deemed expressly accepted.

1. “Pricing Policy” means Guppy’s pricing and tariffs policy for the use of the Service and the sea applicable at all times to each of the Individual Driverless Lease Contracts signed by the User. In particular, the Price Policy in force at any time is understood as accepted by the User when confirming the reservation of a Vehicle.

1. “Service” means the reservation and rental service for kilometers, minutes or hours and without driver of the Vehicles, by the Users, subject to the availability of the Vehicles and the subscription by the User of the corresponding Contract of Lease without Driver Individual, in accordance with the provisions of these Terms and Conditions.

“Service to the Airport” means, within the Service, specifically, the Reservation and Lease for kilometers, minutes or hours and without driver of the Vehicles, by the Users, subject to the availability of the Vehicles and the subscription by the User of the corresponding Lease Agreement without Individual Driver, in accordance with the provisions of these Terms and Conditions, whose start or end takes place at the airport of Asturias located in Santiago del Monte (Avilés).

vii. “User Service” means the telephone or telematic service of User attention that Guppy makes available at any time.

viii “Website” refers to the Guppy website accessible at www.guppy.es

1. “Terms and Conditions” means this document and the modifications that are established thereon at any time.

1. “User” is any natural person who uses the Application or the Service, in accordance with the provisions of the Terms and Conditions.

1. “User Profile” means the creation of a virtual identity within the Application that serves to identify the User in their relations with Guppy. The User Profile is considered by personal and non-transferable Guppy for each User, as well as the User name and Password.

xii. “Vehicles” means the fleet of vehicles available to Guppy at any time and which are available for Lease by

1. “Pricing Policy” means Guppy’s pricing and tariffs policy for the use of the Service and the sea applicable at all times to each of the Individual Driverless Lease Contracts signed by the User. In particular, the Price Policy in force at any time is understood as accepted by the User when confirming the reservation of a Vehicle.

1. “Service” means the reservation and rental service for kilometers, minutes or hours and without driver of the Vehicles, by the Users, subject to the availability of the Vehicles and the subscription by the User of the corresponding Contract of Lease without Driver Individual, in accordance with the provisions of these Terms and Conditions.

saw. “Service to the Airport” means, within the Service, specifically, the Reservation and Lease for kilometers, minutes or hours and without driver of the Vehicles, by the Users, subject to the availability of the Vehicles and the subscription by the User of the corresponding Lease Agreement without Individual Driver, in accordance with the provisions of these Terms and Conditions, whose start or end takes place at the airport of Asturias located in Santiago del Monte (Avilés).

vii. “User Service” means the telephone or telematic service of User attention that Guppy makes available at any time.

viii “Website” refers to the Guppy website accessible at www.guppy.es

1. “Terms and Conditions” means this document and the modifications that are established thereon at any time.

1. “User” is any natural person who uses the Application or the Service, in accordance with the provisions of the Terms and Conditions.

1. “User Profile” means the creation of a virtual identity within the Application that serves to identify the User in their relations with Guppy. The User Profile is considered by personal and non-transferable Guppy for each User, as well as the User name and Password.

xii. “Vehicles” means the fleet of vehicles available to Guppy at any time and which are available for Lease by

users by signing the corresponding Lease Agreement without Individual Driver.

xiii. “Service Zone” means the Principality of Asturias. Specifically, and although there is no limitation on the circulation of the Vehicles through the territory of the Kingdom of Spain located in the Iberian Peninsula, the Service Zone is understood as the usual area of circulation of the Vehicles (that is, the Principality from Asturias). In addition, for the purposes of the parking and parking of the Vehicles: the Regulated Parking Zone of the city of Gijón and all the exclusive places for the Vehicles located at the Points of Interest.

xiv. “Guppy Parking Free Zone” is the area that corresponds to the Regulated Parking Zone of the city of Gijón, in any vehicle that can be parked, without any restrictions, neither functional nor spatial or temporary. The Guppy Parking Free Zone does not include those spaces destined for loading and unloading, marked with fords or any other in which the parking of vehicles is expressly prohibited (affected by the restriction of the temporary sea or not). In stories spaces, Users may not start or end the Service. The Guppy Parking Free Zone may be extended on the basis of agreements or agreements between Guppy and different Town Halls, or by the mere adaptation of its mobility-related orders.

1. “Points of Interest” areas in which the Vehicles can be parked by the User for the collection or termination of the Service.

2. USER PROFILE AND SERVICE PAYMENT

In order to sign an Individual Driverless Lease Agreement and use the Vehicles by Booking, the User must:

1. Having delivered your personal data (name, surname, email address, personal mobile phone number, as well as the data corresponding to your payment card: credit or debit card) during the registration process and what has been really validated by Guppy:

1. the User undertakes and guarantees that the payment card (credit or debit) that links to his User Profile enabled to Guppy load and collect the imported accrued in his favor as a result of the use of the Service;
   1. With the exception established in this section, as far as the relationship between the Company Client and the User is concerned, it is strictly forbidden for any User to allow any third party to drive Vehicles. Specifically, it is not allowed, in any case (even as far as the relationship between the Company Client and the User is concerned), to disclose the access data of the User identified in his User Profile (Username or Password) to third parties , even when those third parties may be users of the application and the service.In the event that the payment card (credit or debit) that links to your User Profile does not allow charging to Guppy, theuser must pay the expenses generated by the management of the core not paid to Guppy, as well as, in addition to the above, a late payment interest set in the Price Policy.
      1. ii) where appropriate, having been authorized by a company (hereinafter, “Company Client”) to enter into the Individual Driverless Lease Agreement on its own and by name, being able to enjoy the Service at the charge of the corresponding Company Client, after having Effectively affected your User Profile to the Company Client:
      1. The linking of the User Profile to the Company Client complies with the criteria established in the Terms and Conditions, in addition to the particular conditions that are negotiated on a case-by-case basis between Guppy and the Company Client;

      second. If a Business Client expressly authorizes a User to use the Service, the former will assume all the obligations that may derive from this use, in accordance with the Terms and Conditions and the Price Policy, specific to the particular conditions that will be negotiated on a case-by-case basis. , as well as what is derived from the regulations applicable to the Service;

      1. If a User expressly authorized by a Business Client uses the Service, he understands that: (i) accepts the Terms and Conditions; and (ii) that you expressly acknowledge and consent to the session of all information related to the use of the Company Customer Service;

IDENTIFICATION CHECK AND CONTRACT

1. The signing of the Identity Verification and Verification Contract occurs at the moment the User presents the identification documentation required in the Terms and Conditions so that Guppy verifies if it is trained, based on current regulations, a priori, To drive the vehicles. If the check is satisfactory, select the rental agreement without an individual driver to use and drive with the vehicles. In addition, the User must be aware that the circulation with the Vehicles will only be possible if:

1. the User is over 18 years old and has a valid driver’s license for cars, in accordance with current regulations of the Kingdom of Spain;

1. ii) carries, at all times, the original document that enables you to drive the Vehicles;

iii) you can demonstrate during the Lease that, at all times, you have used the Application to reserve and drive the Vehicles;

1. Maintains an active user profile in the application.

1. The validation of the identification data of the User that has subscribed in the Base Contract is carried out by signing the Identity Verification and Verification Contract, once it interacts in the Application by the User. Such interaction must initiate the technological processes incorporated in the Application to review, by Guppy, the required documentation that allows the User to use the Services and enter into the Individual Driverless Lease Agreement in accordance with the Terms and Conditions. For it:
2. The User will take photos of his face (which must, in any case, his facial features perfectly identifiable with sufficient resolution so that the photograph / s required / s is understood / n, by Guppy, sharp / s) and the front and back of the current document that accredits, in accordance with the applicable legislation and the Terms and Conditions, that may circulate with the Vehicles. Once the photographs have been taken, by pressing the “next” button embedded in the Application, in the “User registration” section.

1. ii) After pressing the Application button mentioned in the previous paragraph, the photographs will be uploaded to the Guppy system and the identity verification and verification process will be the beginning.

iii) If the User can be considered as a “consumer” for the purposes of the applicable legislation, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the reimbursed text of the General Law for the Consumer and User Defense, they will have right to void the contract of verification and identity verification within the period established for the exercise of the right of withdrawal (according to arts. 102 and ss. of the rule indicated in this paragraph) by using the form found at end of the Terms and Conditions.

1. The User, after receiving automatic confirmation from Guppy, will be able to enjoy his User Profile and the Application for an indefinite period, except for the document that expressly allows him to drive the Vehicles or the indicated and accepted payment card expires before In any of the cases, the User must undergo a new verification and verification procedure (by signing a new Identity Verification and Verification Contract) through the means that are currently available in the Application, in accordance with the Terms and Conditions. Notwithstanding the foregoing, Guppy expressly reserves the right to require any user to compare to their offices to carry out an identity check and verification, as well as the ability to drive vehicles by displaying the corresponding driver’s license. If the User includes this requirement, Guppy may block his User Profile until he effectively fulfills such obligation. Otherwise, Guppy may, at its sole discretion, definitively cancel the User Profile of the User in question, terminating any contractual relationship in force until that date with the User, without the latter being able to claim for any compensation or liability.
2. In the event that the User loses or withdraws his driving license, or is prohibited, for any reason, driving in the Kingdom of Spain, any right to drive the Vehicles derived from compliance with the Terms and Conditions, will cease righ now. Likewise, Users need to inform, without delay, a Guppy of the suspension or limitation of their right to drive, of the limitation of any prohibition or of the temporary withdrawal or retention of their driving license.

APPLICATION

1. The Application is the only means available to use the Services offered by Guppy.
2. For this purpose, it is essential that the User has a smartphone compatible with the technical requirements of the Application. Guppy does not guarantee the compatibility of the Application with all smartphones available in the market. The costs of mobile data transmission with the mobile or Internet service providers that can modify the user’s interaction with the application are exclusive accounts of the latter.C. Any conduct directed to copy, transform, manipulate or use without respecting the Terms and Conditions of the Application through any technology or any breach by a User will result in the immediate cancellation of its User Profile and its absolute expulsion as a User, affecting any cost derived from the breach defined in this section.D. The user, during the registration process, will create a password to access their user profile (which includes review of facts, access to personal data, etc.). The User has the essential obligation to protect his Password and his smartphone, since it is considered personal and non-transferable, against the access of third parties and the loss of both. The User will inform Guppy, immediately, and change his Password if it had been disclosed to a third party by any means.E. The user is responsible for damages that may result in the loss of the password of his smartphone, especially if it is derived from theft, damage or improper use of any vehicle.5. RESERVATION OF VEHICLES AND SUBSCRIPTION OF THE LEASE CONTRACT WITHOUT INDIVIDUAL DRIVERA. Only users with a user profile and whose verification and verification process have been successfully approved in the willingness to sign the lease without an individual driver. Only those Vehicles that have not been previously reserved by another User and that are available in the Application can be reserved for circulation by the User.B. You can reserve a Vehicle for twenty (20) minutes exclusively and without any additional charge. The reservation time before its effective circulation can be extended at the beginning of the Lease Agreement without an Individual Driver. The maximum time of the Reserve is complicated in the Application. Guppy can reject any Reservation in case the selected Vehicle is not available to fulfill that request. Guppy states that, due to the inaccuracies inherent in GPS positioning technology incorporated in the Vehicles, the situation shown to the User through the Application may differ from the real one: in this case, Guppy assumes no responsibility.C. The Lease Agreement without individual driver is perfected between the User and Guppy through the Application when the Reservation is confirme expressly and begins the Lease of the Vehicle (interaction with “Start rent”). To circulate effectively, the User must interact with the slide included in the Application (“open car”). Given the above, the Vehicle will proceed to the opening of the central locking. When making the Reservation of the Vehicle, through the interaction by the User with the “Reserve” button of the Application, it expressly accepts the Guppy Price Policy applicable to the Lease of Vehicles at the specific moment in which it is made.
   1. Prior to starting the Vehicle for its effective circulation, the User is expressly obliged to: (i) check, on the spot, the defects, damages and serious dirt that affect the exterior or interior of the Vehicle; and (ii) inform Guppy about it, either through the Application, according to the system that is made available through it at any time, or by phone call to the service available at any time. In case of serious damage, the User must contact Guppy by phone to communicate their status. The User is aware that, in order for Guppy to resolve the corresponding responsibilities with the person who had caused the damages announced, he must inform, in respect of such extremes, prior to the start of the vehicle’s engine. The User expressly agrees to provide all information about the Vehicles, which is within their reach, in a complete manner. If Guppy understands that the movement with any of its Vehicles could be compromised, it will have the right to prohibit the use of the same to any User, without being derived for this compensation or any compensation.
   1. The duration of the Lease Agreement without Individual Driver begins with the subscription of this by the User and will end when the User completes the termination procedure according to clause 10 of the Terms and Conditions or when, as it is understood empowered for this purpose, Guppy resolve it unilaterally.
   2. F. Likewise, Guppy may prohibit any use of the Service and of the Vehicles by the Users if it understands that any of these will include any stipulation included in the Terms and Conditions.G. Any Individual Driverless Lease Agreement that extends beyond five days may be terminated unilaterally by Guppy. If the User wishes to subscribe a Contract of Lease without an Individual Driver of a longer duration, he can contact Guppy through the channels indicated in the Terms and Conditions or on the Website.H. Guppy may replace any Vehicle with another of the Vehicles at any time, in coordination with the Users if an Individual Driverless Lease Agreement would be in effect.
   3. 1. On the basis of current regulations, the right of withdrawal does not apply in Lease Contracts Without Individual Driver. Therefore, Users that can be used as “users” cannot revoke the express consent given through the Application as established in the Terms and Conditions.
      6. DISCLAIMERS
      1. The Application offered by Guppy to Users responds to the state of the art and to the restrictions or inaccuracies presented by the technological tools necessary for the normal development of the Services. It is not possible to clearly define what is meant by normal development of the Services given that the effective certification of the Services offered by Guppy to the Users is subject at all times to restrictions or inaccuracies that do not respond to the control of Guppy, if not to that of 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 networks, existence of topographic obstacles, overloading of the red, etc.)
      1. In addition, the possible interruption in the provision of the Services offered by Guppy, based on force majeure, must be taken into account by the Users (stories such as strikes, lockouts, etc.).
      1. Notwithstanding the foregoing, the Services offered by Guppy to Users may cease to be available during repairs, maintenance, updates or simple implementations of improvements made to the physical or digital equipment of the Application or Vehicles, which necessary necessary for an adequate and continuous improvement in the provision of them.
      1. Guppy expressly informs Users that no specific service level agreement or guarantee related to the operation of the Application or Services is guaranteed.
      7. PRICES
      1. The User pays the prices, rates and costs in force and linked to the Services included in the Price Policy, which can be observed from the Website. Users are reminded that the Price Policy will be subject to unilateral modifications by Guppy.
      1. The current prices will be necessary for each effective subscription of the Lease Agreement without Individual Driver by the Users.

A. Prior to the effective subscription of the Individual Driverless Lease Agreement by the Users, the price per kilometer, minute or hour applicable to that specific contractual relationship is specified in the Application. Guppy guarantees that users will need, without having to display any additional conduct at the mere beginning and continuation of the scheme or flow of operation of the application for these, of all prices, costs and fees that are applied at all times, prior to the Subscription of the Lease Agreement without Individual Driver. Prices are final prices that include legally applicable VAT. Payment by Users will be made automatically at the end of each Individual Driverless Lease Agreement, through the procedure that Guppy understands applicable at all times.

B. If any of the Vehicles fails during a Lease, for reasons not attributable to the User or is not suitable for circulation despite having received specific confirmation from Guppy, no import will be charged to the User.

C. Guppy does not return payments and makes, linked to the Services, by the Users under any circumstances. However, Guppy grants compensation within the Application to all those users who suffer damages not caused by them or derived from their conduct, during the effective circulation and Leasing of Vehicles, which may consist of kilometers, minutes or additional hours additional or other specific compensation provided it is announced to Users by Guppy.
F. The free kilometers, minutes or hours received by the Users can only be loaded in their User Profile and never in the profile of a Business Client. The kilometers, minutes or free hours cannot be transferred to another User or to a third party. If the kilometers, minutes and free hours granted by Guppy to the User were of several categories, first, they could be modified, automatically by the Application, they could expire before (by temporary criteria or another decided by Guppy).

G. Payments made by a Business Client will be negotiated specifically with such third party within the particular conditions that apply, specifically governing the contractual relationship between Guppy and such Business Client.

H. The payments of any Business Client will be produced by bank transfer or money orders after receiving the corresponding invoice in accordance with the specific terms negotiated at the individual level. In addition, you can make charges on a payment card (credit or debit) that has previously been configured by each one at the time of registration in the Application, in your Profile ​User, or through bank transfer after the issuance of the corresponding invoice, if the Business Client so requests.

8. ASSIGNMENTS, AUTHORIZATIONS AND PRIOR NOTIFICATIONS

A. Guppy reserves the right to assign any credit derived from the contracts signed by the User. If the session of a credit by Guppy actually occurs, the User will only be released from the debt if he pays it to the assignee, who will be correctly identified by Guppy. Notwithstanding the foregoing, Guppy could be part of the legal relationship with users and comply with all obligations included in the Terms and Conditions.

B. The User expressly authorizes Guppy, or, in the case of a transfer of credits for this, to the assignee, to collect the amounts and damages, including costs, that the User must pay under the Lease Agreement without Individual Driver through Direct charge on the payment card (credit or debit) linked to the specific User Profile. In this specific case, Guppy will provide the necessary data so that it can produce without any inconvenience the session of credits to the assignee, without this being able to carry out the treatment of the same for any other need.

9. OBLIGATIONS OF THE USER

A. The User must contact, for any doubt or incident related to the Services, with Guppy, through the means established in the Application that, at a minimum, include a telephone number available twenty four hours a day.

B. The User must:

I. take care of the Vehicles, complying with the manufacturer’s operating manual as well as the recommendations on: (i) taxiing; (ii) wheel pressure; (iii) level of loading of the Vehicles for circulation; and (iv) operating liquids. If necessary, we must make the necessary adjustments;

ii) notify Guppy of any damage that they identify in the Vehicles through the Application or through the assistance telephone number that it makes available on the Application and the Website;

iii) in its judgment, once reviewed, the Vehicle used to drive is in a state that guarantees road safety, as well as operation;
iv. protect the Vehicles against potential theft (after the end of the Lease the windows must be completely closed and the central locking system completely blocked);

v. comply with all regulations regarding the operation and circulation of Vehicles, in everything that is not assumed by Guppy in the Terms and Conditions;

saw. Stop the traffic if the vehicle shows signs of failure, either because it is shown on your dashboard or because they are perceptible by the user. In this case, we must contact Guppy immediately; Y

vii. require that, prior to the start of the traffic, the vehicle’s battery has sufficient charge to: (i) fulfill the destination intended by the User; (ii) start a battery charging process; or (iii) be stationed in the Guppy Parking Free Zone or at Points of Interest.

C. The User must not, under any circumstances:

I. Driving with the Vehicles under the influence of alcohol, drugs, medications or any substance that impairs their ability to drive and detracts their reflexes. Specifically, the User guarantees that, when driving with the Vehicles, their alcohol content is 0.00 mg / l in exhaled air and 0.00 g / l in blood alcohol.

ii) disable any vehicle security or electronic system or modify their physical or technological structure, save the sea necessary to transport children or babies to comply with the manufacturer’s instructions in those cases;

iii) use the Vehicles to train or train in any type of driving;

iv. use the Vehicles to transport, although in a random and non-professional manner, easily flammable, poisonous or dangerous substances insofar as they significantly exceed the amounts of domestic use;

v. introducing into the Vehicles substances or objects that undermine driving safety (skis, large tables, etc.) or damage the interior of these due to their nature, size, shape or weight;saw. use vehicles as a means or instrument to commit crimes or illegal conduct;

vii. smoking or allowing their companions to smoke any type of instrument that is consumed by combustion, vapers or the like, etc.

viii transport animals in vehicles, unless they are located in the trunk and safely, and provided that the condition of the vehicles is not affected (it is included, in an illustrative and non-limiting manner: physical damage, presentation and cleaning thereof , etc.);

ix. fouling or leaving waste, of any kind, inside the Vehicles at the end of the Lease;
X. transport more passengers than the applicable legislation in relation to the Vehicles allows;

xi. carry out repairs or modifications to the vehicles without the express, written and prior consent of Guppy;

xii. transport babies or children without having the appropriate and approved systems for this purpose according to the instructions of the manufacturer of the Vehicles;

xiii. circulate outside the limits of the Kingdom of Spain within the Iberian Peninsula;

xiv. Parking Vehicles outside the Guppy Parking Free Zone or the exclusive spaces incorporated in the Points of Interest, if this implies an administrative infraction or a risk to: (i) pedestrians, (ii) traffic in general; (iii) the rest of the vehicles that circulate on the surface prepared for the circulation of vehicles, or (iv) goods, animals and people in general;

D. The User must face an economic penalty that is not a substitute for the potential compensation of damages that Guppy requests, for contractual breach of the Terms and Conditions, for an amount of two hundred and fifty euros (€ 250) if any violation occurs or breach of the provisions of section 9 of the Terms and Conditions.

10. TERMINATION OF LEASE

A. To successfully complete the Lease Agreement without an Individual Driver, the User must: I. Park the Vehicle within the Guppy Free Parking Zone or the exclusive spaces included in the Points of Interest. Any breach of the traffic rules or the prohibitions imposed by any owner registered in the Guppy Parking Free Zone or in those of the Points of Interest will bear a User burden;

ii) not finalize the Lease in private facilities or property of third parties not linked to Guppy. The ban is also applicable to public parking lots, shopping centers, supermarkets, restaurants, etc., as well as universities and similar institutions. Vehicles must be available to any potential customer / User at any time;

iii) (in the case of using the electric charging cable located in the trunk of the Vehicle) leave it in the same conditions and condition in which it has been selected, unless the Lease Agreement without Individual Driver ends and keeps the Vehicle connected to a charging station

iv. park and finalize the Lease of the Vehicle with at least a twenty-five (25%) battery charge;

v. In any case, it is essential that the User park the Vehicle, as stipulated in this section of the Terms and Conditions, provided that he can establish a telematic connection with the Vehicle through the Application in the parking location. If the foregoing is not possible, the User must change the location of the Vehicle’s parking lot in order to successfully complete the Lease.

B. Once the termination of the Lease requested by the User is confirmed, the centralized locking system of the Vehicle, the Individual Driverless Lease Agreement will be satisfactorily terminated. The User has a specific obligation to verify that the process has concluded as set out in the Terms and Conditions. If the User leaves the Vehicle without having completed the process, and therefore the Lease, the Contract of Lease without Individual Driver affected and the prices, costs and expenses derived from such situation will be exclusively a burden of the User.

C. If the Lease termination process cannot be completed for technical reasons, the User must immediately contact Guppy and remain with the Vehicle until Guppy expressly communicates the procedure. Any expense related to the additional time to your request for termination of the Lease will be determined by kilometers, minutes or free hours on subsequent trips made with the Vehicles if it is understood that the User has not breached the Terms and Conditions.

D. In the event of an accident or incident that does not allow the circulation of the Vehicles, the Lease will end when it is delivered to a third party authorized by Guppy for its effective trailer.

11. ACCIDENTS, DAMAGES AND REPAIRS; INFRINGEMENTS AND SANCTIONS

A. The User has the unforgivable obligation to immediately inform Guppy about any accident, damage or defect suffered by the Vehicles during their circulation or detected in them at the beginning of the transfer of the Lease, the corresponding reservation.

B. The User must have any incident during the movement in which he sees that the immersion in a Vehicle will be communicated and registered by the State Security Forces and Corps in each case. If they reject a recorder the details of the incident:

I. The User was immediately contacted to inform Guppy and explain the situation; Y

ii) ask Guppy for instructions on how to proceed and respect them in any case.

C. The user can only lose the place of the incident if:

I. would have completed the certification or registration of the data by the State Security Forces and Bodies, or would have received express instructions from Guppy;

ii) The Vehicle would have been delivered to a company designated by Guppy for a secure transfer, in coordination with the User, or the User would have always removed it with the express consent of Guppy.

D. In spite of what is established in the following section, the User will avoid, if possible and legally admissible, taking responsibility in the incident of making any type of statement about said event in relation to the vehicle he was driving.
E. Regardless of all of the above in section 11 of the Terms and Conditions, in the event of an incident involving any of the Vehicles, Guppy may submit a form to the User, upon notification of the incident, for completion within a period maximum 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 may not settle the claim. Therefore, provided that 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 actual repair.

F. Guppy has the right to receive any compensation that is satisfied or derive from any incident in which he has been involved in a vehicle, in relation to the damages suffered by it. If the User receives the economic amount in its place, we must assign it to Guppy immediately and without being required to do so.

G. 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 physical inspection by Guppy employees or third parties expressly by is.

H. If there is a justified cause, Guppy could prevent the User from signing the Driverless Individual Lease Agreement or the use of the Vehicles.

12. INSURANCE CONDITIONS

A. Vehicles have mandatory liability insurance. It corresponds to third party coverage with additional coverage as related in the following sections. Only a user authorized to enjoy the services can benefit from insurance coverage.

B. In the event that the Vehicles are affected while they are used by the User, when the damages occur as a result of an incident caused by the User, they will be responsible, in economic terms, for their repair.

C. Unless otherwise stipulated, both the aforementioned insurance and any limitation of liability subject to the policy subscribed by Guppy and the current regulations on compulsory motor vehicle insurance provided by Law 50/1980 of 8 October, of Insurance Contract and in the concordant norm or that one that can regular aspects aspects.

D. If the User includes the mandatory rules fixed in the current regulations and, as a result, the insurer is exempted 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 apply.

13. LIABILITY OF GUPPY

A. Guppy will be responsible for all those intended by law in relation to damages caused by the intent or gross negligence of its employees, subcontractors, representatives or agents.

B. A quantitative limitation is established in relation to conduct carried out through gross negligence, for all liability that is not included in the previous section, by Guppy. Such limitation is fixed in the amount of the typical or foreseeable damages that may derive or understand plausible given the Service that Guppy provides to the Users, and will only be applicable in case of breach, by the latter, of an essential contractual obligation. If there is a non-essential breach by Guppy, without the concurrence of intent or gross negligence, there is no right to claim for Users. What is incorporated in this section will be equally extensible to the others related in the previous section that operate by order or Guppy account.

C. The above limitations of liability will not have any effect if there is an imperative norm that cannot be altered by the autonomy of the parties’ will sometimes to the Terms and Conditions.

14. USER RESPONSIBILITY

A. The User will be liable to Guppy for damages caused by the Vehicles in a guilty manner. This includes, in an illustrative but not limitative manner: (i) violations of standards of all kinds; (ii) theft, damage or loss of vehicles, or any of its components or accessories.

B. The User assumes full 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 of 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 to which the User allows to drive the Vehicle. In the event that the User is responsible for the incident and that there is no insurance coverage in the framework of the Vehicle insurance, the User will indemnify Guppy against third party claims for any concept that may be incardinable in what is stated within of this section.
C. In the event of an incident caused by the User, provided that the responsibility may be attributable to it, the obligation of indemnification to Guppy on its part is extended to all indirect damages that include, in an illustrative but not limitative manner, the fees of experts, the necessary crane service, the lost profits proportional to the damaged vehicle, the increase in the premium paid by Guppy to the insurance company with which it collaborates, or any additional administrative costs.

D. The User is financially responsible for all infractions, violations and crimes he commits with the Vehicles. The User assumed all costs, exempts and expressly holds Guppy harmless from any third party claims for these concepts.

E. In the event that the User causes an incident that damages the Vehicles outside the Service Zone, he will be responsible for all costs that must be borne as a result of the transfer of the Vehicle to the Guppy logistics base for repair. .

F. If the User includes section 10 of the Terms and Conditions and Guppy understands that it is necessary to relocate the Vehicle, or a third party connected to Guppy contracts a crane service or fast / express recharge on the road, the User will bear the costs of service and with few costs are additional, in accordance with the Terms and Conditions and the Price Policy.

G. The User will pay a specific economic penalty, not a substitute for the compensation of damages that may correspond to Guppy or other penalties included in the Terms and Conditions, if it allows a third party, after having signed the first Lease Agreement Without an Individual Driver, drive the Vehicle.

H. In case of contractual and guilty breach, which includes any non-payment, Guppy may block access to the Application or exclude the corresponding User from the Services, unilaterally resolving all contracts that it has signed. The User will be informed of such decision by email.

15. BASIS OF RESOLUTION OF THE CONTRACT

A. The Base Contract is signed for an indefinite period: both Guppy and users can terminate it with prior notification of three (3) weeks in advance, in writing (both telematic and postal means), counting from its shipment, before the end of every calendar month

B. Guppy may unilaterally terminate the Base Contract if the User:

I. It is a consumer and includes two overdue payments, affected by the amount;

ii) stop payments in general;

iii) it is a public law entity or a merchant that acts in the field of its commercial activities at the time of signing the Base Contract and has not made any payment of the corresponding payments (in an illustrative but not limiting way: Client Company) ;

iv. make false statements or omit relevant facts at the time of perfection of the Base Contract;

v. if you maintain a situation of contractual breach for having been duly notified by Guppy;

saw. drives under the influence of alcohol or drugs; Y

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

C. If the Base Contract is terminated without prior notice, access to the Vehicles will be immediately blocked upon receipt of the corresponding communication in that regard.

D. In the event that the Base Contract or the Individual Driverless Lease Agreement has been terminated, Guppy may claim, in particular, from the User:

I. the immediate return of any vehicle that is being used by the user at that time. In the event that the User does not return the Vehicle following the instructions of Guppy, it can take possession of it by the means they deem necessary and proportional, and the User must meet all expenses and costs arising from such conduct;

ii) the price corresponding to the duration of the Lease until the Vehicle is parked and the Lease is finalized in accordance with the Terms and Conditions;

iii) all damages that have been caused to the vehicle in accordance with the Terms and Conditions.
1. MISCELLANEOUS

A. Any relationship between the User and Guppy will ever be in the Terms and Conditions and in the applicable Spanish common supplementary legislation. Specifically, the Base Contract, the Identity Verification and Verification Contract and the Individual Driverless Lease Agreement are sometimes in the Terms and Conditions, and not provided for in them, to the common Spanish legislation applicable additionally.

B. When the User is not a consumer, the exclusive forum to resolve any conflict that may arise in relation to the Terms and Conditions, or the contracts specified in the previous section, may be judged and courts of the city of Oviedo, without see the mandatory rules regarding the applicable forum in this provision.

C. The User may only assign to third parties any rights derived from the contractual relations that he will maintain with Guppy if he gives him prior written consent.

D. The Terms and Conditions assume the set of provisions applicable to the legal relationship established between the Users and Guppy, in addition to the applicable supplementary regulations and the additional special conditions that can be negotiated on a case-by-case basis between Guppy and other third parties (of illustrative but not limitative, as for the Company Customers).

E. Any modification of the Terms and Conditions required in writing and will be previously notified to the Users.

F. Guppy may modify its criteria the Terms and Conditions if the rights of the Users are not affected to correct typographical errors or avoid possible confusing interpretations of their sections.

G. In the event that one of the sections of the Terms and Conditions is a null declaration by final judgment, specifically of the cause, this does not affect the effectiveness of the rest of the sections contained therein.

2. RIGHT OF WITHDRAWAL

A. Users have the right of specific withdrawal in relation to the subscription of the Base Contract and the Identity Verification and Verification Contract.

B. The instructions for exercising it are indicated in this section:
I. “You have the right to withdraw from this contract before fourteen (14) days have elapsed without indicating any reason.

The withdrawal period expires fourteen (14) days from the day you sign the contract.

To exercise the right of withdrawal, you must inform Guppy by email to hola@guppy.es about your decision by unambiguous statement. You can use the form included below, but it is not mandatory.

To comply with the period of exercise of the right of withdrawal, you must send the notification before the period previously related has expired.

If you want the contract, you will no longer be legally linked to Guppy and be at some time to the Terms and Conditions that regulate the operation and operation of the Service, the Application and the Vehicles. In any case, you will not incur any additional expenses for the mere fact of exercising this right.

If during the withdrawal period you effectively booked a Vehicle and signed an Individual Driverless Lease Agreement, understand that you started enjoying the Services within the meaning of art. 103.a) of Royal Legislative Decree 1/2007, of November 16, which approves the reimbursed text of the General Law for the Defense of Consumers and Users and other complementary laws, and must meet the payments generated for the enjoyment of the Services linked to the Lease, which in no case will be reimbursed.

The right of withdrawal also expires in those cases in which, as noted in the previous paragraph, Guppy has fulfilled all its obligations in relation to the Identity Verification and Verification Contract, and has had the capacity of the service of Lease after the User expresses his express consent for this purpose, after the corresponding reading of the Terms and Conditions, through the corresponding interaction in the Application, at the same time, as stated in the article cited: “the provision of services, a Once the service has been fully executed, when the execution has been successful, with the express prior consent of the consumer and user and with the recognition on the part that he is aware that, once the contract has been fully executed by the employer , you will have lost your right of withdrawal. “

ii) The form of the right of withdrawal of consumers is as follows:

WITHDRAWAL RIGHT FORM

(If you wish to withdraw from this contract, please fill out the form below and send it following the instructions previously incorporated)

I. A Astur Sercomar, S.L.U., with address at C / Gregorio Marañón No. 1, Bajo II, 33203 Gijón, Asturias and email address: hola@guppy.es

ii) I hereby notify you of my express desire to withdraw in relation to the Identity Verification and Verification Agreement

iii) Requested at [place of application]

iv. User name: […]

v. User Address […]

saw. Date […]