Terms & Conditions
Rev 5 | 23/03/2020
spanish version: https://wheemove.com/terminos-y-condiciones
General Conditions of Contract
These General Conditions of Contract (hereinafter the "General Conditions") regulate the commercial relationship between WHEE RIDE SPAIN SL, and customers (users) who wish to use our services. For the use of the services provided herein, it is mandatory that customers/users accept these General Conditions.
For customers (users) who wish to rent our Vehicles in Mallorca (Spain), only the Spanish version of these General Conditions will be legally binding. The English version is for information purpose only and is not part of the contract.
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or inefficacy will only affect said provision or the part of it that is null or ineffective, subsisting the General conditions in everything else, considering such provision totally or partially not included.The present General Conditions are available on the website www.wheemove.com and in the mobile app (APP) of WHEE RIDE SPAIN SL. They may be revised or updated by the company at any time.
The company WHEE RIDE SPAIN SL, from now on WHEE, domiciled in Bisbe Rafael J. Verger N.2, 07010 Palma de Mallorca, Spain, provided with NIF B16612061 duly registered with the Mercantile Registry of Mallorca, has a platform and digital application ( APP) through which it offers an ecological and sustainable urban mobility service, making available electric vehicles without driver (electric scooters or kick scooters) for their use, on demand and subject to their availability and to the economic conditions established in section 5 .
"Application (APP)": is the program for mobile devices that allows access to the WHEE online platform, through which you can register as a Client (User), start and end the use of the Vehicles and manage the reservation.
"Website": is WHEE Internet domain – https://wheemove.com
"General Conditions" or "General Contracting Conditions": these are the general terms and conditions of contract applicable to the service offered by WHEE throughout the Spanish territory.
"Conditions of Use": are the Legal Notice and the Conditions of Use of the Website and the Application (APP) of WHEE that comply with the provisions of Law 34/2002, of July 11, on services of the company of information and electronic commerce (only spanish version available).
"Service": is the rental service of Vehicles provided by WHEE by reservation through the WHEE online platform and subject to the Terms and Conditions of Service.
"Vehicle (s)": are the electric scooters (kick scooters) that according to the VMP Regulations of Palma de Mallorca are classified as TYPE A and, whose provision, constitutes the object of the WHEE Service.
"Termination Zone": is the zone or area of a city or resort, in which perimeter are identified the Parking spots of WHEE where the Client / User is allowed to terminate the Service.
"Parking Area or Parking spot": is the area identified within the Termination Zone, where the Client / User is allowed to terminate the Service. In Palma de Mallorca these spaces are private areas that belong or are under concession to WHEE partners (bars, restaurants, beach clubs, shopping centers, stores, etc ...).
2.1. The General Conditions (together with the remaining Terms and Conditions of Service) govern the relationship between the Client / User and WHEE as well as the provision and use of the Service. Accepting the Terms and Conditions of the Service, the Client / User, explicitly and unequivocally, accept them and expresses his/her willingness to contract the Service in accordance with them.
2.2. The Terms and Conditions of the Service represents the entire contract between WHEE and the Client / User as well as represents a contract of a very personal nature, so that the Client / User, who owns the contractual relationship, must be, at all times, the exclusive user of the Service and the sole rider of the Vehicles.
2.3. The acceptance of the Terms and Conditions of the Service assumes that the Client / User consents unequivocally that WHEE may assign, in whole or in part, to a third party or a Local Operator their contractual position under the Terms and Conditions of the Service, with the purpose of lending and billing Customers / Users in a specific city, resort or geographical area, through assignment, subcontracting, subrogation, license or any other figure admitted by law. WHEE confirms that the transfer of its contractual position in favor of a local operator will imply compliance with the applicable regulations on data protection.
- Registration, Customer account (User) and activation of the Service
3.1 To use the Vehicles, the applicant must register in advance to the Service and complete the registration as Client / User through the WHEE Application.
3.2 In order to register as a Client / User, the applicant must be 18 years of age or older and enter all the required information correctly, truthfully and completely in the electronic registration form available in the WHEE Application. In order to complete the registration, the Client/User must expressly accept the Terms and Conditions of the Service, and then pay the price as established in section 5 of these General Conditions. Also the applicants of age 15 years or older may register as Clients/Users providing that are accompanied by at least an adult that assume all responsabilities derived from the usage of the Vehicle by the minor of age.
3.3 The acceptance of the Terms and Conditions of the Service at the end of the registration, supposes the declaration of the Client / User that fulfills all the personal circumstances described above.
3.4 WHEE may cancel the registration of any Client / User that violate the Terms and Conditions of the Service, or if it has the well-founded suspicion of such breach or fraud. WHEE reserves the right to verify the information provided by the Client / User and that the bank of WHEE has not rejected the credit or debit card registered by the Client / User. In addition, WHEE reserves the right to reject the registration if the credit or debit card entity declined payment.
3.5 The registration will be considered completed when the Client / User receive confirmation from WHEE throughout the Application or other means and or when the registration process is completed and the Client/User can access the APP through his user name and password. Once the registration is completed the Client / User may use the Vehicles that are available providing has a sufficient credit in the virtual wallet.
3.6 During the registration process, data for accessing the personal account (user name and password) will be generated for the Client / User, through which the client/user can access the online Service and the information contained therein, which can modified at any time.
3.7 The access data to the Client account (username and password) will be strictly personal, confidential and non-transferable. It is expressly forbidden to the Client / User to assign or communicate said data to third parties. Otherwise, the Customer / User shall be solely responsible for the damages that may be caused by the loss or transfer of said information to the Vehicles and third parties. In the event that the Customer / User suffer any loss or theft of their electronic or mobile device where the APP is installed, or suspects the use of their Client account by a third party, they must immediately notify WHEE.
3.8 The use of data and personal information not corresponding to the Client at the time of registration to the Service will be considered as a serious breach.
3.9 Unless expressly authorized by WHEE, each Client / User won't have more than one personal account activated.
3.10 In the event that, once the registration and activation of the Service has been completed, the Client / User does not comply with any of the requirements for any reason, the Customer / User may not use the Service during the period of time that said non-compliance lasts and must communicate to WHEE immediately any of these circumstances. WHEE may deactivate the Service and block the registration of said Customer / User as of that moment. Once any of these circumstances has been remedied by the Client, he/she may complete the process of registering and activating the Service again. In the event that the Client / User does not inform WHEE that they are in a situation of non-compliance, the Client / User shall be solely responsible for any damages that may be caused to WHEE and any third party.
- Reservation and Use of the Service
4.1 Prior to the use of the Service, the Client / User may locate the Vehicle through the Application.
4.2 In order to use the Service and ride the Vehicle, the Customer / User must:
a) know and comply with the general and local legal provisions regarding traffic, circulation of personal mobility vehicles (VMP) and road safety in force at the place and at the time of use of the Service and comply with all the obligations described therein .
To ride in Palma de Mallorca, the Customer / User must expressly know and comply with the legal provisions contained in the Regulations for VMP published by the City Council of Palma de Mallorca (TYPE A Vehicle) and in particular:
- must strictly ride (i) in bike lanes non-segregated from the pedestrian areas without exceeding the maximum speed of 10km / h, (ii) in bike lanes segregated from the pedestrian spaces without exceeding the maximum speed of 15km / h and (iii) in bike lanes on the road segregated from pedestrian space and on residential streets marked with S28, without exceeding the maximum speed of 20km / h.
The Regulations for VMP of Palma de Mallorca is available for consultation at the following link: https://wheemove.com/normativa-vmp-palma-de-mallorca
To ride in cities, villages or resorts other than Palma de Mallorca, the Client/User shall comply with the rules in force in those places.
b) wear a CE approved helmet at all times, properly fastened in accordance with the manufacturer's instructions;
c) read carefully and comply with the Terms and Conditions of the Service;
d) read carefully and comply with the instructions for use of the Vehicles, available in the Website https://wheemove.com.
e) use the Vehicles exclusively for theemself and finalize said use within the Termination Zone and in the authorized parking spots visible in the APP (small circles or blue polygons); Vehicles belonging to private fleets available in some hotels partners as well as vehicles rented directly in our shops or in shops partnering with WHEE, must be returned to the same place where they were picked up.
f) diligently and carefully use the Vehicles and, once the Service is finished, leave them in the same conditions in which they were received (before starting to ride them, the Client/ User must check the status of the Vehicle and, if he/she detects any defect or anomaly , must inform immediately WHEE by contacting the Customer Service - firstname.lastname@example.org - or through the Application);
g) before riding, the Client/ User must check the autonomy of the Vehicle and ensure that it is enough to carry out and complete the desired journey;and
h) stop the Vehicle and communicate these circumstances as soon as possible to the Customer Service of WHEE or, if available, through the Application, if during the use of the Vehicle, any of the witnesses of the instrument panel indicates an anomaly of operation or if he/she identify external signs that indicate fault or malfunctioning of the Vehicle.
4.3 In the use and riding of the Vehicles, it is expressly prohibited:
a) riding the Vehicle without being a Client of WHEE;
b) alter, reproduce, clone or in any case make improper or fraudulent use of the WHEE Application;
c) allow the use and riding of the Vehicle to people other than the Client / User;
d) riding the Vehicle in unauthorized roads, areas or on roads not accessible to public traffic, unpaved or whose condition could pose at risk the integrity of the Vehicle and of the Client / User and of third parties;
e) riding under the influence of alcohol, fatigue, drugs, narcotics, narcotics and disease;
f) transport other people;
g) transport goods or substances that are prohibited, toxic, flammable and, in general, dangerous and / or that violate the legal provisions in force;
h) participate with the Vehicle in races of any nature;
i) use the Vehicle to facilitate or make criminal acts, such as theft or robbery, vandalism or leaving the Vehicle in bad condition;
j) perform any type of manipulation, repair, modification or replacement of any part or accessory of the Vehicle;
k) exceed the weight, quantity or volume authorized in the Regulations of circulation and / or Vehicle data sheet. In this sense, it is expressly stated that the maximum weight is 100 Kg, including the weight of any bag or package that the Client/User carries with him;
l) transport the Vehicles on board of any means of transport;
m) park the Vehicle outside bike racks.
n) park the Vehicle in places where it is not allowed according to the applicable regulations in the location, city or resort in which they are used;
o) park the Vehicle in private or restricted areas not allowed by WHEE;
p) rent, mortgage, sublet, pledge, sell the Vehicles or their documentation, equipment, tools, accessories, parts or pieces thereof;
q) wearing headphones;
r) not wearing approved helmet;
t) using the mobile phone
u) ride when is raining or when the pavement is wet.
4.4 Once the Service is finished, the Client/User must park the Vehicle only in the authorized Parking Spots identified in the map of the Application, without blocking the pedestrian way and the circulation of any other type of vehicle or the entry or exit of the occupants of the parked vehicles nearby.
Vehicles belonging to private fleets available in some hotels partners as well as vehicles rented directly in our shops or in shops that collaborate with WHEE, must be returned to the same place where they were picked up unless otherwise agreed.
If the GPS detects that the Vehicle has been parked incorrectly and outside the perimeter of the authorized Parking Spots, the Service can not be terminated in the Application. The GPS installed on the Vehicles, has a margin of error of a few meters
During and upon terminating the Service, It is expressly prohibited to tie the Vehicles to trees, traffic lights, lampposts and other elements of urban furniture; in front of loading and unloading areas or in places reserved for other users and people with reduced mobility; or in services or areas of prohibited parking, emergency exits, hospitals, clinics and outpatient clinics, public transport stops, pedestrian crossings, front access to schools, public places with high seating capacity (cinemas, nightclubs, etc.), facades of singular buildings, in the spaces reserved for the parking of bicycles for public use and in elements attached to the facades.
The Vehicle must always be parked in a correct manner.
4.5 The Client / User acknowledges and confirm that:
a) Has experience and is familiar with the use of the Vehicles.
b) Know the Traffic Rules and the General and Local Regulations of VMP.
c) is not under the influence of alcohol or drugs and has an adequate physical and mental form to ride the Vehicles.
Likewise, the Client / User accepts and acknowledges that:
d) Riding the Vehicle implies a risk both for himself and for third parties, so that at all times the Client / User agrees to ride with the utmost diligence.
e) Wearing a helmet and other means of protection does not eliminate the risk of suffering from possible personal injuries.
f) Is solely responsible for obtaining and using the helmet.
g) Is fully trained for the use and ride of the Vehicles.
h) Is solely responsible for possible damages or prejudices to things or third parties.
5. Prices and economic conditions
5.1 The Client / User agrees to pay:
a) The price for the use of the Vehicle will be determined by the duration of the Service, measured in minutes elapsed between the moment the Client / User begins the use of the Vehicle (press "Unlock") and the moment when it is terminated (press "Lock") in the Application. The price will be calculated by applying local rates (in euros per minute). In Palma de Mallorca the price is 1 Euro to unlock the Vehicle and additionally 0.15 Euro per minute (or fractions) of duration of the Service. In order to use the Vehicles, the Client/User must fill the security deposit in the virtual wallet of the APP, if requested. The security deposit may vary from time to time. The security deposit may be used by the Client/User as a credit and, under no circumstances, the Client/User shall be entitled for a refund.
In places other than Palma de Mallorca, for private fleets and for scooters rented directly in our shops or in shops partnering with WHEE, the Price may be different.
Price may vary without notice.
Client/User should click on the scooter icon in the APP to check scooters details and price.
b) At any time WHEE may establish bonuses or special prices or promotions, whose duration, content and scope will be those established by WHEE in each case. WHEE reserves the right to modify or cancel a bonus or promotion at any time and without notice.
c) The amount between 100 Euros and 500 Euros in the case of damage to the Vehicles, their equipment, their tools, their accessories or their documentation.The amount will be established at full discretion by WHEE based on the severity of the damages sought and the commercial value to rectify them.
d) The amount of 800 Euros in the case of theft of the Vehicle.
e) The amounts corresponding to expenses, costs, fees, penalties, charges and fines for any infringement of the legal provisions in force and applicable, particularly in matters of traffic, circulation and road safety, which occurred during the period in which the Client / User is the user of the Vehicle, including those relating to the delay in payment by the Client / User and the judicial or extrajudicial expenses that WHEE may have incurred as a result of the foregoing.
f) The amounts corresponding to the payment obligations of any nature derived from the breach of the Terms and Conditions of the Service and the legal provisions applicable to the use and riding of the Vehicles.
g) A penalty of 100 Euros for returning the Vehicle outside our authorized Parking Spots .
h) A penalty of 100 Euro in case of transportation of other person.
i) A penalty of 100 Euro in case of returning the Vehicle to one of our private parking spots later than 10.00 p.m.
l) A penalty of 100 Euros in case of returning the Vehicle outside of opening hours if the Vehicle belongs to a private fleet available in one of the hotels and shops partners of WHEE
5.2 The amounts mentioned above are subject to VAT.
5.3 The resulting amounts charged to the Customer / User will be charged to the credit or debit card that he / she communicated during the registration process or through the virtual wallet available in the Application or through other means.
By communicating the data of your credit or debit card, the Client / User expressly authorizes WHEE to charge to the same or to the virtual wallet associated to the Client/User account, the credits accrued in favor of WHEE for the use of the Vehicle as well as any other concept that derives from said use, in accordance with the provisions of these General Conditions.
If, upon terminating the service, the Client/User has a negative balance, he must immediately adjust his wallet by adding the corresponding credit directly in the APP or by calling WHEE customer Service. If Client/User does not adjust his negative balance immediately after terminating his ride, he expressly authorize WHEE to charge the corresponding amount directly to his credit/ debit card. In such a case, an additional administration fee of up to 5 Euros may apply.
5.4 The Client/User must ensure that he has sufficient balance on his credit / debit card or in his virtual wallet. In the event that the payment was rejected by the Client or by the card issuing entity, or that the available credit in the virtual wallet of the Client / User was not sufficient, the Client's account may be temporarily suspended during the time the default lasts and this will be notified for the regularization of the outstanding amounts (including a surcharge for each day of delay of 0.09% of the outstanding amounts plus legal interests) and the reactivation of your account. The non-payment of any amount owed by the Client / User, will entitle WHEE to terminate the contract and to file the pertinent legal actions, including compensation for damages.
5.5 Infractions and breaches, non-payment of the Service, non-payment of possible penalties applied by WHEE and theft and damage to the Vehicle will be considered as serious infringements.
5.6 Under no circumstances, the Client/User will be entitled to claim the refund of any residual credit available in his virtual wallet. The residual credit does not expire and might be used for future rides.
6.1 The Client / User is solely responsible for all damages caused by the use of the Vehicle. In case of accident or theft, he/she will also be responsible for all the damages caused if he does not duly complete the corresponding complaint where the data of the Vehicles and drivers involved must be clearly stated and the conditions and circumstances in which they occur.
6.2 Is full responsibility of the Client / User, (i) the damages to people and things caused by the improper use of the Vehicles; (ii) damage to persons and things caused by a rider other than the Client / User; (iii) the loss or damage to the accessories of the Vehicle; (iv) tire blowouts caused by the use of the Vehicle by the Client / User; (v) as well as the damages to third parties, that occur as a result of riding the Vehicle in a manner contrary to traffic regulations, circulation of personal mobility vehicles, road safety and applicable regulations concenring the use of VMP .
6.3 Is also full responsibility of the Client / User, any damages caused by a negligent or fraudulent action of the Client/User, such as the deficient care of the Vehicle, its improper or illicit use, the distractions or drowsiness while riding, riding under the influence of drugs or narcotic substances, riding in areas not permitted by the National, Regional or Local Regulations, intentionally causing damage to the vehicle, concealing damage caused to the Vehicle in a culpable manner; this being a descriptive enumeration that does not constitute a closed list or numerus clausus of assumptions.
6.4 In case of fault, as legally defined in the applicable traffic regulations, the Client / User will be responsible for the damage caused to the Vehicle, so WHEE will invoice the corresponding amount.
6.5 If WHEE receives a claim for damages as a result of an accident, without having received notification and the documentation of the Client / User that used the Vehicle at the time of the accident, WHEE reserves the right to claim the costs corresponding to said accident. claim, as well as suspend the Service at any time.
6.6 In case of breach or irregular compliance by the Client / User of the obligations indicated in the Terms and Conditions of the Service, and in particular in the case of lack of diligence or fault, negligence and bad practice, the Client / User will be exclusively and personally responsible for any damages and / or losses suffered by the Vehicle or any third party.
6.7 The Client / User is responsible for the damages caused to the Vehicle, and / or to third parties during the Service and must inform WHEE when they occur, using the channels provided for this purpose (telephone, APP, Website, WhatsApp or email).
6.8 The Client / User authorizes WHEE to invoice the expenses of the loss caused or corresponding repairs or other costs derived from the damages incurred.
6.9 In the event of theft, loss or abandonment of the Vehicle during the Service, the Customer / User will be obliged to pay WHEE the amount corresponding to the value of the Vehicle or of the components stolen.
6.10 WHEE recommends Clients / Users to contract personal accident and third party liability insurance for damages to persons or things during the use of the Vehicle.
- Claims and infractions
7.1 In case of theft, fire or acts of vandalism on the Vehicles, the Customer / User must immediately inform the WHEE Customer Service and file a complaint with the police.
7.2 In case of an accident with or without a thrid party, the Client / User must complete an accident form or a friendly declaration part completely and with all the possible details, regarding the damages and the circumstances in which they occurred. The Client / User will sign and collect the signature of the counterparty, if any. If the counterparty refuses to sign, the Client / User must request the police presence for the clarification of the facts and the completion of the attestation, since otherwise, the Client / User will be considered responsible for the accident.
7.3 In the event of theft, fire, vandalism, accident or damage to the Vehicles for any other reason, the Customer / User must immediately inform WHEE Customer Service and deliver the friendly part to the Customer Service as soon as posible and the police report or complaint, within a period not exceeding twenty-four (24) hours. The non-delivery of these documents will entitle WHEE to make an additional charge of 100 Euros to the Client / User, as management expenses.
7.4 WHEE, in compliance with its legal obligations and as required by law, reserves the right to identify, and report to the competent public administration, the Client / User that has committed an administrative infraction or an offense during the use of the Service.
7.5 Non-payment of penalties and / or sanctions will result in the suspension and / or termination of the contract between the Client / User and WHEE, and WHEE may also claim any damages caused, as well as raise the actions and claim that it considers pertinent in the corresponding jurisdiction.
7.6 The Client / User is responsible for checking that there are no prohibitions of any reason in the parking area. In any case, the Customer / User must park in accordance with the provisions of these General Conditions.
7.7 In the event that the Vehicle is towed by the municipal authorities during the Service or after having completed the service because the Vehicle has not been parked where authorized , all costs and administrative fines and penalties derived shall be at Client/User account.
- Duration and Termination
8.1.1 Once the registration is finished, the Client / User will be linked to his account and the Terms and Conditions of the Service indefinitely. Both WHEE and the Client / User can resolve the contractual relationship at any time as established in this clause.
8.2 Discharge of the Service by the Client / User
8.2.1 The Client / User may unsubscribe from the Service at any time by sending an email with his request to email@example.com. The money that the Client / User has deposited in the virtual wallet will not be returned due to the Client / User's unsubscription.
8.2.2 Once the registration unsubscription has been completed, the Client / User account will be deactivated and the Client/User won’t have access to the Service.
8.3 Suspension and termination of the Service
8.3.1 WHEE, for commercial reasons or for any other reason it may consider (exception is made in case of Force Major), may terminate the contract and / or cease to provide the Service in any location. In this case, the money that the Client / User has deposited in the virtual wallet and that has not been used, will be returned, upon written request by the Client /User, if received within maximum 30 days from the event.
8.3.2 Likewise, in case of breach of the Terms and Conditions of the Service by the Client / User, WHEE may suspend the Service, in which case, it will grant a period of seven (7) days to the Client / User to correct said breach. (If this breach is corrected within the grace period, WHEE will resume the Service) or proceed directly to the termination of the contract.
- Modification of the Terms and Conditions of Service
9.1 WHEE may modify the Terms and Conditions of the Service at any time. Any modification of the Terms and Conditions of the Service will be published on the Website and in the APP, indicating the date of the update.
9.2 The modifications will be understood to be accepted by the Client / User if the Client / User continues using the Service after said modifications have been published. All this, notwithstanding that the Client/User may unsubscribe at any time.
- Limitation of liability
10.1 The Client / User shall be liable for all damages as a result of using the Application, the Website or the Vehicles in breach of the Terms and Conditions of Service or for the performance of any unlawful act or damage caused during the use thereof, and shall indemnify and hold harmless WHEE and its administrators, directors, staff, agents and representatives against any actions, causes, liabilities, claims, lawsuits, judgments, liens, awards, costs, expenses (including attorneys' fees), indemnities, and damages of any kind suffered directly or incurred as a result of any type of claim (including judicial, administrative, regulatory, or any other type of procedure directed to the obtaining compensation for damages or economic losses) that are derived or referred to in compliance or alleged breach of the Terms and Conditions of Service.
10.2 WHEE shall not be liable for damages of any nature that the Client / User or a third party may suffer in any way for the use of the Vehicles, not directly attributable to cases of wilfull misconduct by WHEE.
10.3 The implementation of any change that is necessary in the schedules, service and parking areas as well as in any internal process of the Service will not be considered a breach of the obligations of WHEE. Nor shall any failure of the computer systems, the Website and the Application, or any vicissitude in the Service, be considered as failure by WHEE to be motivated by causes attributable to the assignees, suppliers, licensees or subcontractors of WHEE.
10.4 WHEE shall not be responsible for the total or partial non-fulfillment of the obligations caused by fortuitous event or force majeure, including, acts of the public administrations, administrative or legal restrictions to the circulation, disturbances, manifestations or interruption of the communications.
10.5 The Vehicle is a recreational transport device. The Client / User will need to practice before mastering the technique completely. WHEE will not be responsible for possible injuries or damages caused by the inexperience of the Client / User to himself or to third parties. By registering and activating the Service, the Client / User declares, under his/her own responsibility, to be familiar with and possess the capacity to ride in a safe manner the Vehicle.
- Data collection through satellite devices (GPS)
11.1 Vehicles are equipped with GPS systems that allow to detect the exact location of the Vehicle at any time.
11.2 The purpose of tracking devices is to obtain, detect and prevent crimes, analyze performance, as well as monitor the status and movements of vehicles.
- Use of Google Maps
12.1 The maps that WHEE provides in the Application (APP) are based on the information provided by Google Maps, so this information may be inaccurate or incomplete. By using the maps available on our APP, you acknowledge and agree to be bound by the additional Google Maps/Google Earth Terms of Service of Google, Inc., available at https://maps.google.com/help/Terms_maps.html.
13.1. For the purposes of any type of notification, WHEE designates the following addresses and forms of communication:
Whee RideSpain SL
Bisbe Rafael J. Verger, 2
07010, Palma de Mallorca
13.2. Likewise, the Client may contact WHEE through the Website and / or Application (APP).
- Applicable Law and Jurisdiction
14.1. The Service will be governed by the Terms and Conditions of the Service and, subsidiarily, by the current Spanish legislation in force.
14.2. Any controversy that arises in relation to this contract must be resolved in the courts of Palma de Mallorca, Spain.
The following paragraph fully integrate the Terms & Condition in subject:
In case the Client/User parchases or is offered a flat rate promo, special offer, coupon, bonus, promotion or pass that allow a multi day use of the Service, the Client/User may ask a charger (subject to approval of WHEE) in order to charge the Vehicle in his premises. In such a case, the Client/User may terminate the Service outside the authorized Parking Spots and will be at all times fully responsible of any damage he or she may cause as a consequence of the use of the charger during the rental period.
WHEE shall not be liable for any damage of any nature that the Client/User, a third party or things may suffer in any way by the use of the charger. The Customer/User shall, at all times, be the sole responsible for any damage caused either during the Service and once the Service has ended and for the entire duration of the rental period to which the flat rate, special offer, bonus, promotion, coupon or multiday pass gives access.
General Terms and Conditions for Tour with Monitor
The present General Terms and Conditions applies only for tour with Monitor provided by WHEE.
This english version is for information purpose only and is not part of the contract. Only the Spanish version of these General Terms and Conditions will be legally binding.
To be able to carry out activities with WHEE, the User will agree with these general conditions and with the corresponding legal effects. The User must have read them since it is mandatory to accept them before operating the tour.
The reservation through direct sales channels of WHEE or through third parties (Tripadvisor, Get Your Guide among others) will be the confirmation of having read and accepted these General Terms and Conditions. The User's failure to comply with the rules, obligations and legal conditions, exempts WHEE from any responsibility for possible damages that may occur both to the User and to third parties, as well as damages to persons or properties, falls or any other incident that may occur.
The User agrees to indemnify and hold harmless WHEE and its administrators, personnel, agents and representatives against any actions, causes, liabilities, claims, lawsuits, judgments, liens, awards, costs, expenses (including attorneys' fees), indemnities, and damages of any kind suffered by those directly or incurred as a result of any type of claim (including judicial, administrative, regulatory or any other type of procedure aimed at obtaining compensation for damages or economic losses) arising from or resulting from the breach or alleged breach of these General Conditions.
ELECTRIC SCOOTERS (VEHICLES) AND COMPANY EQUIPMENT
The electric scooters (Vehicles) are identified and well mantained, and , are meeting all legal and technical requirements. WHEE procedures state that the Vehicle will be checked at the time of delivery to the User and upon return of the Vehicle, to identify any damage and determine any responsability.
When the User picks up his electric scooter, the WHEE Monitor or Guide or another person in charge of accompanying the User during the excursion, must check the Vehicle and note any damage he has identified. When the User returns the Vehicle, it must be rechecked and the damage compared to the Vehicle's departure list. If the entry list shows damages that were not on the exit list, these damages will be assumed by the User. The activity will be carried out with a protective helmet; WHEE will provide one, but if the User wishes, he may bring his own as long as it is approved and CE certified. WHEE will not be responsible for the loss or damage of objects that the client brings to the activity. WHEE material is checked before the activity and in good condition. Therefore, from the moment of delivery until its return, the User is responsible for it and must return it in perfect condition. The User is obliged to make good use of the material delivered, committing himself to its use in accordance with the guidelines established by WHEE. In the event of loss or damage, payment will be requested to the User. In case of damage to the Vehicle or accident, the User is obliged to complete an accident report whether or not he is responsible, with or without identification of a third person and must refer it to the Monitor or Guide.
The User undertakes : a) to do not transport persons or goods, b) to do not allow the Vehicle to be rode by persons other than the User. c) to do not ride the Vehicle in bad physical conditions due to fatigue, illness or under the effects of alcohol or drugs. d) to do not use the Vehicle to tow or push other vehicles e) to do participate with the Vehicle in any type of sports events, races, training of any kind, official or otherwise, f) to do not carry out any type of intervention, modification, manipulation, repair or replacement of any part or accessory of the Vehicle, without the express and prior approval of WHEE. Failure by the User will result in payment of the costs of reconditioning the Vehicle to its original state and payment of an amount as compensation for immobilization of the vehicle. g) to do not ride outside established circuit h) to do not transport any type of inflammable, dangerous, radioactive, toxic or harmful goods. l) to do not ride outside the bicycle lane or outside the spaces indicated by the Monitor or Guide m) to park the Vehicle in suitable, adequate and safe places when it is not being used. n) to follow the monitor's instructions at all times. o) to weight less than 100kg. p) to ride at all times with the helmet properly fastened.
WRONG USE OF THE VEHICLE
Any action that contravenes traffic rules, the specifications of the Vehicle's manufacturer and the indications of the Monitor are strictly prohibited.
The User agrees to ride the Vehicle following the instructions of the Monitor at all times.
If due to mechanical reasons the Vehicle is not able to complete the tour, the User understands that the reason for the breakdown has been due to causes beyond the control of WHEE, therefore WHEE will only be responsible for refunding proportionally the amount of the tour not enjoyed.
RULES FOR THE CORRECT USE OF THE MATERIAL
The User will receive the instructions of use with the explanations and personalized instructions, besides general instructions and safety rules.
The User, before starting the tour, has checked with the Monitor that the Vehicle is working properly. In the event that the Monitor verifies that the User does not meet the requirements or does not comply with the rules, he may agree to immediate cancel the tour without the right of reimbursement.
The User who accepts the contracting of the service with WHEE, accepts the risks derived from the use of the Vehicle, and hold harmless WHEE from any incident that may occur, whether it be a fall, collision, etc.
FINES AND OTHER CHARGES
The User undertakes to pay all fines for any infringement of the laws and regulations duly in force as well as the costs arising from the removal of the Vehicle from the public road by the police authorities. The User shall be responsible for the legal costs and legal defense incurred by WHEE as a result of accidents, as well as the amount of the days on which WHEE cannot freely dispose of the Vehicle due to breakdown or damage caused to the Vehicle attributable to the User.
WHEE must be notified in advance (before the arrival of the group) if any of the participants require specific medication or present any health risk that may affect the normal development of the program.
The User admits not having any physical or psychological problems or any illness prior to the activity. In the event of any illness, disease, previous injury, taking medication or pregnancy, he or she is obliged to inform WHEE, in order to assess his or her ability to do the activity, to plan actions or to refuse to make the activity. Under no circumstances will WHEE be responsible for any illness or injury prior or during the activity. The User admits that he or she has not consumed drugs or alcohol and is in good physical condition. In case the User is not aware of the activity, is not in sufficient physical shape or is not in optimal conditions for the development of the tour, he/she will be excluded from the activity and no money will be refunded.
The User must be in normal physical condition and have knowledge of the activity to be performed.
The User will wear suitable footwear for the activity, which must be comfortable and sporting shoes.
To carry out the tour, the User will use comfortable clothes and must protect himself from the sun's rays with protective cream. The maximum weight allowed to ride the Vehicle is 100kg. The User confirm to be 18 years old or older at the time the tour takes place. In case of being a minor, he/she will always have to be accompanied by at least one of his/her parents, tutors or legal representative, who will be responsible for the minor at any time. Minimum age allowed: 15 years.
The tour will not start until all participants have developed the basic skills to be able to make the route safely.
DAMAGE TO THE RIDERS AND THEIR BELONGINGS
The User hold harmless WHEE from any responsibility for any damage that he may suffer, either physical or material, derived from the normal or abnormal use of the Vehicle. He expressly declares that he is aware of the risks of damages that the use of the Vehicle may cause. Likewise, the User holds harmless WHEE for all responsibilities for loss or damage to objects left or transported in the Vehicle by the User, either during the the activity or after the return of the Vehicle. The User must ride with the appropriate and required equipment and wear the helmet at all times.
THIRD PARTY LIABILITY AND LIMITATIONS
WHEE shall not be liable for any claims for an accident, body injury or damage suffered by the User and/or members of his group and/or things and/or third parties. WHEE shall not be responsible for any loss or damage to personal belongings of the User or members of his group. It is under User's responsibility and obligations to respect the applicable traffic rules; the User will be the sole responsible if he is sanctioned or caught by an authority breaking any rule or breaching the law.
RULES OF BEHAVIOUR IN THE NATURAL ENVIRONMENT
The User accepts the rules and prohibitions of the different regulations in force, in the different natural areas where the tour takes place. Likewise, the User accepts the measures taken by the Monitor with respect to the conservation of the environment (natural environment, rural environment, etc.).
Some of the rules and measures taken for the conservation of the environment are to do not throw rubbish or organic waste in the urban environment or in natural surroundings, to do not pick up plants, animals or rocks, to do not disturb or shout absurdly in bird nesting areas, do not scratch or paint on walls, rocks, information panels etc., do not break, scratch or damage urban furniture, to do not leave the group, do not smoke or talk on the phone and to do not use headphones.
CHANGE OF ROUTE(S)
WHEE reserves the right to change the program or route in part or in full.
- BY THE USER OR MOTIVATED BY THE USER
In case the User, by his own will, lack of physical form or any other reason decides not to do partecipate at the activity or is not allowed to do it for safety reasons, the money will not be refunded.
- BY WHEE
If the activity has to be suspended and cannot be replaced by another of a similar nature, due to extreme causes or adverse weather, adverse climatology, adverse hydraulic flows or for safety reasons, the user will be refunded 50% of the cost of the activity, the remaining 50% shall be paid as management and administration fee.
WHEE has a company liability insurance in order to carry out the activities according to the established law. The insurance is only and exclusive for the tour carried out by WHEE and does not cover any third party liability of the Users. It is advisable that the User get his private third party insurance.
The User declares, whatever his nationality, to have read and understood the General Conditions written in Spanish. This english version is for information purpose only and do not bind the parties.
AUTHORIZATION FOR THE PUBLICATION OF IMAGES
With the inclusion of new technologies within the communications, publications and commercial actions that WHEE RIDE SPAIN S.L. carries out. and the possibility that these may include images that have been provided or taken during the tour, and given that the right to one's own image is recognized in Article 18 of the Constitution and regulated by Law 1/1982 of 5 May and Regulation (EU) 2016/679 of the European Parliament and Council, of 27 April 2016 on the protection of individuals with regard to the processing of personal data , with the acceptance of these General Terms and Conditions , the User gives his express consent to Whee to publish the images in which they appear individually or in groups
To resolve any doubt or disagreement that may arise from the interpretation and performance of the contract, the applicable Court will be the Court of Palma de Mallorca.