TERMS AND CONDITIONS FOR SUBSCRIPTION VEHICLES
These TERMS AND CONDITIONS FOR VEHICLE LEASING BY SUBSCRIPTION (hereinafter, "Subscription Terms and Conditions") regulate the contractual relationship between OK MOBILITY ESPAÑA S.L.U (hereinafter, "OK MOBILITY or "Lessor"), with registered office at Avda. Gran Vía Asima, 36, Polígono Son Castelló, 07009 Palma de Mallorca, Balearic Islands, with Tax ID B57334609 and the holder of the contract (hereinafter, "Client"), who may be a consumer, businessperson or professional according to the definitions established in article 3 of the General Law for the Defence of Consumers and Users and other complementary laws (Royal Legislative Decree 1/2007, of 16 November), by virtue of which the former grants the latter the temporary use of a vehicle (hereinafter, "Vehicle") for the term, price and other conditions stipulated by the parties in the lease contract (hereinafter, "Contract").
Vehicle subscription with OK MOBILITY is governed by (i) these General Terms and Conditions for leasing by subscription (hereinafter referred to as "Subscription Terms and Conditions"); (ii) the General Leasing Terms and Conditions of OK MOBILITY España ("Leasing Terms and Conditions") in the version valid at the time the subscription is confirmed. Both Terms and Conditions are available in several languages at OK offices (hereinafter "Store") and can be viewed at www.okmobility.es.
In the event of any contradictions between the "Subscription Terms and Conditions" and the "Leasing Terms and Conditions", the "Subscription Terms and Conditions" shall prevail over the "Leasing Terms and Conditions".
1. Purpose of the contract
The purpose of the subscription contract is the lease of a vehicle belonging to the category indicated in the subscription confirmation, in compliance with the Terms and Conditions contained in this document.
OK MOBILITY has a range of vehicles available for subscription for the purpose of enabling the Client to submit a binding Offer.
To conclude the subscription contract via the OK MOBILITY website, the Client must fill in the required information and send a binding subscription Offer by clicking the "Send" order button. Once the Client has been sent confirmation of the proper receipt of their request, the contract is settled and comes into effect at the time of the vehicle collection.
1.2. In accordance with current legislation, pursuant to article 103 section "l" of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the Client has no right of withdrawal. The Client cannot revoke their declaration of intention to enter into the subscription contract.
In the event of early termination, the Client will be penalised with a one-month payment.
In cases of a one-time payment that includes a discount on the amount to be paid, and in the event of early termination, the amount deducted from the final price as a one-time payment discount will be added to the total amount to determine the penalty of one monthly payment.
2. Term of the contract
The term of the subscription shall be as agreed with the Client in the Subscription Contract, starting on the date of OK MOBILITY’s handover and/or provision of the vehicle to the Client.
The term of the Contract shall be automatically extended from month to month upon payment of the established fee. The subscription shall not be renewed if either party terminates the contract in accordance with the conditions set out in these "Subscription Terms and Conditions".
The Client may communicate their wish to terminate the subscription before the start of a new monthly billing period by giving notice at least fifteen (15) days prior to the end date of the monthly billing period underway. To do so, an e-mail must be sent to suscripción@okmobility.com. If the Client communicates their wish to terminate the subscription without giving fifteen (15) days' notice, the subscription will be terminated at the end of the subsequent monthly billing period, which shall be payable by the Client.
The Client’s return of the vehicle to a Store without prior notice and without observing the fifteen (15) day period prior to the end of the monthly term underway shall be considered a unilateral termination of the existing contract and shall take effect from the end of the subsequent monthly billing period and shall be payable by the Client.
OK MOBILITY may notify the Client of its intention to terminate the subscription by giving notice at least fifteen (15) days prior to the end date of the monthly billing period in which the notice of termination is received.
3. Vehicle preparation, handover and return
3.1. Preparation and handover period: The binding offer submitted by the Client shall be conditional upon Confirmation of Subscription by OK MOBILITY. The vehicle will be handed over at the date, time and OK MOBILITY Store indicated in the Confirmation of Subscription. A vehicle belonging to the category indicated in the Confirmation of Subscription will be handed over, with no guarantee of receiving a specific vehicle model. The category indicated shall be the same throughout the term of the Subscription Contract and may not be modified throughout the term of the Contract.
If the Client does not show up to collect the vehicle (no-show) within six (6) hours of the collection time indicated in the confirmation of subscription, the Contract shall be terminated, with OK MOBILITY retaining the amount corresponding to the first instalment paid by the Client at the time of making the subscription reservation via the website. In cases where a single payment includes a discount on the amount to be paid, in addition to the penalty of one monthly payment, the amount deducted from the final price by way of a discount will be added to the single payment in the event of early termination.
3.2. Vehicle possession: From the time of the handover and until the vehicle is returned to OK MOBILITY, the Client assumes all responsibilities associated with the possession and use of the vehicle, which must be looked after with due diligence. The Client assumes all responsibilities arising from their behaviour, whether intentional, reckless or negligent, in relation to the care and use of the Vehicle. Use of the vehicle must not be transferred to a third party.
It is the Client's responsibility to carry a copy of the contract and mandatory documentation in the Vehicle at all times.
The Client shall be liable for all damages and expenses incurred as a result of the use and possession of the vehicle. Should a third party assert a claim for such damages or expenses against OK MOBILITY, the Client shall assume their responsibility, exonerating and holding OK MOBILITY harmless from such claims.
3.3. Exchange, information on kilometres covered and return of the vehicle: In order to offer its clients a fleet of high quality vehicles, OK MOBILITY reserves the right to exchange the vehicle delivered to the Client during the term of the subscription if the vehicle has already been in the OK MOBILITY fleet for a certain period of time, for maintenance reasons or if it has already reached a certain mileage. In such cases, the Client may need to exchange the vehicle, and another vehicle belonging to the category indicated in the confirmation of subscription will be handed over to the Client, subject to availability. The Client will be informed sufficiently in advance and is required to return the vehicle at the time and date indicated in the notification of the need to exchange and also to comply with any other aspects that may be requested to proceed with the exchange of vehicle. The exchange of the vehicle at the request of OK MOBILITY shall not be considered an unauthorised return of the vehicle and shall not be considered a termination of the contractual relationship.
3.4. Information on kilometres travelled (mileage): For safety reasons and to ensure the contractually agreed number of kilometres, the Client is required to inform OK MOBILITY of the current mileage of the vehicle in each monthly period, upon request by OK MOBILITY. The Client undertakes to submit the specific mileage information to OK MOBILITY upon request (normally once during each monthly billing period). If the Client exceeds the contractually agreed number of kilometres for a monthly billing period, they will be charged for the additional kilometres driven in accordance with the agreed rate. Any kilometres not used within a particular month may be added to the kilometres of the subsequent month.
3.5. Return of the vehicle: At the end of the subscription period, the Client undertakes to return the vehicle to OK MOBILITY at the place, date and time agreed with OK MOBILITY. If the vehicle is returned to a Store other than that agreed, OK MOBILITY reserves the right to charge a fee for any additional costs that may arise from said action.
If the vehicle is not returned within a maximum period of forty-eight (48) hours at the end of the subscription period, the corresponding complaint for misappropriation of the vehicle will be filed against the Client immediately. OK MOBILITY reserves the right to take whatever legal and logistical action may be necessary to recover the vehicle, the costs of which shall always be borne by the Client.
If the vehicle has not been returned at the end of the subscription period, in the event of breakdown or accident, any additional cover contracted shall cease to have effect, and the Client shall be solely and directly liable for the payment of damages, repairs and expenses, and also for the repair of any damages to third parties, without exclusion or limitation.
4. Modifications, changes and/or cancellations by the Client
4.1. Modifications: If the Client requires any changes to be made to their subscription, they must request these by sending an email to suscripción@okmobility.com. Modifications are subject to vehicle availability within the subscribed category or service to be modified. Category changes are not permitted.
A change of model within the subscribed vehicle category entails the application of a fee of one hundred (100.00) euros and said change may only be made at the beginning of the invoicing periods. Any change shall always be subject to the availability of vehicles and the needs of OK MOBILITY.
In the event of a change in vehicle model, the price increase or decrease shall apply from the actual change of the vehicle.
4.2. Cancellations: Early cancellation or return of the vehicle prior to the end of the monthly period underway does not entitle the Client to a refund or deduction of any amount from the monthly payment already made. Furthermore, if the cancellation is not made at least fifteen (15) days prior to the start of the next monthly billing period, the Client must pay for the subsequent month.
5. Updates
The contract with the Client is subject to these "Subscription Terms and Conditions" and the Leasing Terms and Conditions of OK MOBILITY España in the version valid at the time the subscription is confirmed. OK MOBILITY reserves the right to update these "Subscription Terms and Conditions" from time to time during the term of the subscription, insofar as these do not place the Client at an inappropriate disadvantage. OK MOBILITY will inform the Client of any modifications that may affect them sufficiently in advance, informing them of their right to reject these modifications, granting them a reasonable period of time to exercise their right of termination if they do not accept the modifications and informing them about where the Client must send their non-acceptance and what consequences will arise if the Client does not reject these modifications. The modifications are deemed to be accepted if the Client does not reject them within thirty (30) days. The aforementioned communications between OK MOBILITY and the Client must be carried out using suitable means of communication, leaving a written record of the same.
6. Driver(s)
Only the person(s) identified and accepted by OK MOBILITY in the Subscription Contract and/or any annex thereto are authorised to drive the Vehicle. Failure to comply with this condition will result in legal action being taken by OK MOBILITY, and any damages may be claimed from the Client. The Client and additional drivers must be at least 18 years of age (for certain categories of vehicles, a higher age may be required). They must present proof of address, a European ID card or passport and a physical driving licence that is legible, in good condition and accepted by Spanish legislation (photocopies will not be accepted). Valid driving licences of EU and EEA (Iceland, Liechtenstein and Norway) citizens are accepted by law and are valid for driving in Spain. Licences issued in third countries will be accepted if they comply with the requirements of Art. 21 of the General Regulations for Drivers; provided that the licence is valid, the holder is of the age required in Spain to obtain an equivalent Spanish licence and that no more than six months have elapsed since the holder acquired normal residence in Spain. In all other cases, an international licence will need to be presented, together with the valid driving licence issued by the country of origin. For further information, we recommend checking the website of the Spanish Traffic Department (DGT) "DGT - Permisos válidos para conducir en España" or directly contacting the consulate in Spain of the country where the licence was issued. It is the Client's responsibility to check whether their driving licence is valid for driving in Spain. Electronic or digital driving licences will only be accepted in the official DGT application.
OK MOBILITY has incorporated vehicles for people with reduced mobility (PRM) into its fleet: vehicles with steering wheel controls and vehicles with lowered floors and access ramps (L1 and L2). Vehicles with lowered floors and access ramps can be driven by anyone with a category B driving licence. Cars with steering wheel controls may be driven with the adaptations activated by persons holding a driving licence containing the following codes in section 12: 25.04-20.06-32.01. These same cars with controls may also be driven by any person holding a category B licence when, and only when, the adaptations are not activated.
7. Vehicle Condition, Maintenance and Repairs:
7.1. After receiving the vehicle and checking it, the Client thereby acknowledges that they have received the vehicle in a perfect state of maintenance for proper operation. The Vehicle is delivered clean, with the bodywork, upholstery, tyres, headlights and accessories in optimum condition. The Client is provided with all the documentation necessary to drive the vehicle. It will be the Client who will be responsible for the restoration of any part of the vehicle that is damaged or lost, and the Client who must pay all the corresponding amounts paid by OK MOBILITY that derive directly from the use of the vehicle by the Client in accordance with current legislation.
7.2. The Client is expressly forbidden from changing any technical features of the vehicle, equipment or exterior and/or interior appearance, and in the event of doing so without authorisation, the Client shall bear all the costs of reconditioning the vehicle to its original state and shall pay an amount as compensation for the immobilisation of the vehicle, which shall be set according to the calculation of the daily subscription price, taking the last subscription fee paid as a reference, for the days that it is immobilised.
7.3. OK MOBILITY shall take responsibility for the normal mechanical wear and tear of the vehicle. The costs of maintenance and breakdown repairs suffered by the vehicle during the subscription period shall be borne by OK MOBILITY if they are due to normal wear and tear. If necessary, OK MOBILITY shall replace the Client's vehicle if it is paralysed for repairs as a result of a breakdown, depending on availability. The replacement vehicle will be delivered to the nearest store indicated by OK MOBILITY. If the vehicle breakdown has been caused by negligence, infringements or the Client’s improper use of the vehicle, OK MOBILITY reserves the right not to replace the vehicle and to immediately terminate the subscription contract due to a breach of contract by the Client and to take appropriate legal action.
7.4. It is the responsibility of the Client to notify OK MOBILITY of the illumination of any warning light on the dashboard or inside the vehicle. Failure to do so will result in the Client being liable for any possible damages that may arise from this omission.
7.5. Repairs at a garage or the replacement of spare parts may only be carried out with the express written authorisation of OK MOBILITY. No repair costs shall be reimbursed unless prior express written authorisation has been given by OK MOBILITY in writing to the estimate and to the garage that is to carry out the repair. In the absence of such prior, express and written authorisation, the Client shall be solely responsible for the payment of these costs, both in terms of the garage and spare parts.
7.6. Damage to the vehicle, as well as the wear and tear of parts, shall be subject to review and assessment by specialised personnel. OK MOBILITY reserves the right to carry out an expert report to verify the condition of the vehicle in the event of an incident and the use given to it.
7.7. In the event that OK MOBILITY requires the Client to go to a Store to exchange the vehicle, the Client must do so without delay. In the event of non-compliance, OK MOBILITY reserves the right to terminate the subscription contract and to take the necessary measures to recover possession of the vehicle in question.
8. Vehicle identification
The Client expressly accepts that the leased vehicle is identified with the OK MOBILITY logo and advertising and undertakes to keep the corresponding stickers and number plate holders on the vehicle throughout the subscription period. The removal of these elements will entail a restitution charge plus the payment, if applicable, of any administrative sanctions imposed for this matter. According to certain municipal by-laws, the contract sent to them by e-mail must also be displayed in a visible place to prove that the vehicle is leased. In the event of non-compliance with this obligation, they must bear the costs in the event of a penalty and pay the administrative costs.
9. Objects found
At the end of the lease period, the Client must remove their personal belongings from the vehicle. OK MOBILITY cannot be held responsible for objects reported as forgotten or lost.
10. Price and deposit
All prices shall be quoted and valued in euros (€).
10.1. Monthly fee: The subscription fee shall consist of a fixed monthly instalment which shall be set according to the category of Vehicle selected, to which any additional services contracted shall be added. The first monthly instalment shall be paid when the Client makes the subscription reservation through the website.
Instalments and other payments due shall be paid by the payment method presented in the Store. Once payment has been made, the Client will be able to obtain their receipt from the "Receipts" section of the Club OK.
The instalment amount may be updated or amended during the term of the Subscription Contract, notifying the Client by e-mail or by any other means deemed appropriate in advance. In this case, the Client shall have a period of thirty (30) days to object to this change. If, after this period has elapsed, the Client has not exercised their right to object, it shall be understood that the amendment has been accepted by the Client in full.
If the Client wishes to object to the notified price change, they must communicate this within the aforementioned period, to the address provided for this purpose at the time of notification. In such cases, the Client shall have the option to terminate the contract without penalty, provided that the price update is the sole reason for the objection. To communicate their opposition and exercise their right of termination, the user must send an e-mail to the address specified in the notification, clearly indicating the reasons for their opposition and their wish to terminate the Subscription Contract.
10.2. Security deposit: The Client shall pay the amount established for the vehicle in question (see the Appendix attached to these Subscription T&Cs) at the Store when collecting the vehicle, by way of a security deposit. It must be paid by a credit card provided by the Client when collecting the vehicle and formalising the contract. In the event of a change of vehicle, regardless of the reason, the security deposit amount shall be adjusted accordingly, if necessary.
The security deposit amount shall be returned to the Client at the end of the subscription period within thirty (30) days provided that the vehicle has been properly returned and all outstanding instalments, amounts, extras and items have been paid. OK MOBILITY is entitled to use the deposit to settle any outstanding payments. The provision of the deposit does not, in any case, exempt the Client from paying the monthly instalment or any other amounts. The application of the deposit to cover any outstanding payments shall not exclude OK MOBILITY's right to demand any other additional amounts that may correspond to it, including the corresponding compensation for damages.
10.3. In the event of a breach of contract by the Client (due to the non-payment of an instalment or a breach of the obligations set out in the "Subscription Terms and Conditions", the "Leasing Terms and Conditions" or the Contract), OK MOBILITY may terminate the Subscription with immediate effect, notifying the Client through the usual means of communication. The Client, for their part, must return the Vehicle within forty-eight (48) hours and settle the outstanding debt. Failure to do so will result in OK MOBILITY filing the corresponding complaint for misappropriation of the vehicle.
10.4. The Client undertakes to pay OK MOBILITY the total price fixed for the subscription contract.
11. Insurance:
The Subscription Contract includes third-party insurance, OK PREMIUM COVER and the Roadside Assistance (CAR) service. These types of cover include Wheels and Windows, waiver of the excess, as well as the elimination of the charge for processing damage management files. It also includes a 24-hour roadside assistance service, the exchange or replacement of the vehicle in the event of a breakdown or accident and roadside assistance by means of a tow truck to the place of the incident in the shortest possible time by calling the following telephone number: +34 971 928 603. This cover will not apply if the breakdown or accident is the result of negligence or improper use by the Client, or if the Client has committed any offences or crimes or if they have not visited the Store and received the relevant express authorisation to cross borders.
11.1. General exclusions of the coverages and their corresponding surcharges: All damages to the vehicle, as well as the wear and tear of its parts, shall be subject to review and appraisal by specialised personnel. Any damage not included in the coverages taken out or due to negligence on the part of the Client, are payable by the Client.
All the coverages mentioned do not include the following services relating to damage to the Vehicle, in relation to: Structural elements, underbody, interior and exterior equipment. This list is for information purposes only, and all the information is available in the table attached in the Appendix to the contract, where the damages are specified together with their respective prices. This table is available to the public at OK MOBILITY's premises, on OK MOBILITY's website or through any other means that OK MOBILITY considers appropriate, which is accessible prior to the submission of the binding offer.
None of the types of coverage cover damage to the Vehicle as a result of: war, catastrophes and natural phenomena (hail, blizzards or others), terrorism, riots or mutiny; actions of the State Security Forces, negligence on the part of the Client, abandonment, accident or stoppage of the Vehicle due to crimes or offences carried out with the same and any other activity established in points 12 and 13. Under no circumstances does the coverage cover personal belongings left, kept or transported in the vehicle.
11.2. Breakdown or accident once the subscription has ended: Once the contractual relationship between the Client and OK MOBILITY has ended, an assessment shall be made of any damages and breakdowns that may have occurred during the period in which the contractual relationship was in force, and the Client shall be responsible for the full payment of the repairs and expenses that may have resulted. The Client shall be notified of these within thirty (30) days of returning the vehicle.
11.3. In the event of loss of keys and/or documents/accessories, the costs relating to their replacement shall be charged to the Client at the rates in force.
12. Accidents, robberies, vandalism
12.1. In the event of an accident, theft, criminal act or vandalism (see point 12.2) committed against the vehicle, the Client is required to:
A. Report the incident to the police immediately.
B. Fill in an accident report according to the official form in the vehicle, indicating, as a minimum, the registration number, name and address of the other party as well as the name of the insurer and, where possible, the insurance policy number.
C. Concisely and accurately describe the accident and, where appropriate, record the names of any witnesses.
D. Do not prejudge or acknowledge responsibility for the accident.
E. Do not abandon the Vehicle without taking adequate measures to protect it from further damage, leaving it locked and ensuring it is not disrupting traffic.
F. Immediately inform OK MOBILITY of the claim by calling the emergency telephone number +34 971928603. If the Client fails to adhere to the requirement to notify OK MOBILITY of the claim within a maximum period of twenty-four (24) hours, the Client shall be responsible for all the costs associated with and derived from the repair and must pay an amount as compensation for the immobilisation of the vehicle, which shall be set according to the daily subscription price calculation, taking the last subscription fee paid as a reference for the days the vehicle is immobilised.
12.2. Some examples of criminal acts or vandalism committed against the Vehicle are: Theft or robbery of the Vehicle. Theft or robbery of exterior or interior parts of the Vehicle such as wheels, tyres or seats. Theft with force causing damage to the windows or bodywork of the Vehicle. Vandalism against the Vehicle. The above list is for illustrative purposes only and is not exhaustive.
In the event of theft, the Client must file a report with the relevant authority and send a copy to OK MOBILITY within twenty-four (24) hours of the event occurring. They must also hand over the vehicle key. The Client may contact OK MOBILITY by telephone: + 34 871055313 (Customer Service Telephone) or by e-mail suscripcion@okmobility.com.
13. Unauthorised use of the vehicle:
13.1. Only the Client and individuals duly identified and designated for this purpose, as stated in the subscription contract (hereinafter referred to as "Additional Drivers"), are authorised to drive the vehicle on condition that they hold a valid driving licence in accordance with the provisions of Clause 6. The Client and the Additional Drivers shall be jointly and severally liable for the obligations arising from this contract and the applicable laws.
13.2. The Client undertakes to drive the vehicle in accordance with the rules of the Highway Code and other applicable regulations, as well as the usage specifications for the type of vehicle, always acting with due diligence and care, as well as avoiding, in any case, any situation that could cause damage to the vehicle or to third parties.
13.3. The Client shall use the vehicle exclusively for their own mobility. It must not be used to transport passengers or goods for commercial or industrial purposes, unless expressly authorised by OK MOBILITY.
The subletting of the vehicle is expressly prohibited.
13.4. The Client assumes full and unlimited personal liability and undertakes not to use the vehicle or allow it to be used in the following circumstances:
- Pushing or towing a vehicle or any other object, rolling or not.
- Participating in competitions, official or otherwise.
- Illegal racing.
- Paid passenger transport.
- Driving without a valid driving licence.
- Driving without the express written authorisation of OK MOBILITY where applicable.
- Transferring the vehicle to a third party.
- Driving on roads that could lead to damage to the vehicle's underbody/crankcase.
- Negligent behaviour when warning lights or warning signs on the vehicle's dashboard illuminate, which the Client declares to be aware of when signing this contract.
- Transporting furniture, except in the use of vehicles designed for this purpose.
- Leaving objects in view inside the vehicle.
- Performing endurance testing of automotive materials, accessories or products.
- Driving the vehicle while tired, ill or under the influence of alcohol, medication or narcotics.
- Reckless driving.
- Transporting goods in violation of the law or legal provisions in force or for illegal purposes, or with a weight, quantity and/or volume greater than that authorised in the vehicle's Technical Inspection Card, or goods classified as special or dangerous.
- Carriage of passengers in excess of the number authorised and indicated in the vehicle's Technical Inspection Certificate.
- Transporting persons or goods which directly or indirectly involves payment to the Leaseholder (e.g. using the Vehicle as an illegal "Taxi").
- Do not use or allow the leased vehicle to be used as a means or instrument for the commission of crimes, actions that are punishable, prohibited or simply sanctioned by law, assistance to criminals or the protection, transport and shelter of objects originating from crimes.
- Do not make any modifications to the structure and do not mount roof racks or luggage/goods on the roof.
- Do not tamper with or unseal the odometer and notify OK MOBILITY of any damage to it. The mileage will be measured by the odometer or by road maps if the odometer is damaged.
- Do not drive on roads that are not suited for road use, or that are not paved and are not on the state road map.
- Use of the vehicle after the end of the lease period.
- SMOKING IS NOT PERMITTED INSIDE THE VEHICLE.
- Any other improper use of the vehicle by the Client.
13.5. Unless expressly authorised, the leased vehicle may only be driven on national territory. In the event of a border crossing, prior authorisation must be obtained from the Store, which must expressly authorise this, and the amount corresponding to this extra must be paid.
13.6. The Client undertakes to keep the vehicle locked when not in use and to keep the contract documents and attachments inside the vehicle.
13.7. The Client undertakes to stop and immobilise the vehicle if they detect an anomaly in its operation or if a warning light comes on, and should contact the Customer Service Department on +34 871055313, or by e-mail at suscripcion@okmobility.com.
13.8. The Client may not assign, sell, sublet, mortgage, pledge or dispose of the vehicle or its components in any way whatsoever.
13.9. A breach of the provisions in this Clause shall be understood as unauthorised use. The Client shall be liable to the full satisfaction of OK MOBILITY and without any limit whatsoever for damage to the vehicle, loss of profit and even the total loss of the vehicle. In the event of a legal claim, the Client shall pay all expenses arising from such proceedings, lawyers, solicitors and costs, even if their intervention is not procedurally obligatory.
14. Traffic offences and penalties
The Client shall be responsible for the payment of any fines and penalties that have occurred during the term of the Subscription Contract and must inform OK MOBILITY of any infringement and/or penalty imposed on the vehicle or driver during this period. To the extent permitted by current legislation, OK MOBILITY will charge up to a maximum of 25 euros for managing the costs incurred in processing any requirements that the investigating authorities or other third parties send to OK MOBILITY in relation to administrative offences, potential criminal acts or other illicit acts committed during the lease period, for each record. The payment of fines, and the management of these, is not included in any of the coverages that may be taken out, unless otherwise indicated. If OK MOBILITY has paid the amount relating to an infringement or other type of sanction committed during the term of the Subscription Contract, the Client shall be responsible for this amount. It shall be debited from the same means of payment presented by the Client at the time that the contract was formalised.
If the authorities detain the Vehicle due to an act or omission on the part of the Client, whatever the reason, the latter shall be liable and shall compensate OK MOBILITY for all expenses and loss of profit that may have been incurred for this reason. Likewise, the means of payment presented at the time that the lease contract is formalised will be debited with a charge for immobilisation of the vehicle for an amount of €250 to cover the payment of taxes and/or towing charges which will enable OK MOBILITY to recover possession of the vehicle, without prejudice to claiming other amounts if the amount of these taxes and/or cranes is higher than the aforementioned charge. If the amount is lower, it will be reimbursed.
15. Joint and several liability
All Clients and additional drivers shall be jointly and severally liable for all obligations assumed by the Client in the Contract and for all legislation applicable to the Contract.
16. Fuel policy
Full/Full: OK MOBILITY undertakes to hand over the vehicle with a full tank, and the Client shall also be required to return the vehicle with a full tank. Should OK MOBILITY fail to comply with the requirement to hand over the vehicle with a full tank, the client may demand that the vehicle be handed over with a full tank at the time of handover. If they do not demand it at that time, it shall be understood that they accept this. If, on the other hand, it is the Client who fails to return the vehicle as required, they will be charged a refuelling management fee plus the number of litres needed as per the prevailing tariff, until the tank is 100% full.
17. Permitted territory
The vehicle may only be driven within national territory. In the event of a border crossing, the Client must notify the Store.
Below is the list of authorised countries and territories for the use of our vehicles:
Germany, Andorra, Austria, Belgium, Spain, France, Gibraltar, Greece, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Poland, Portugal, Czech Republic, Sweden, and Switzerland.
Unless expressly authorised, the vehicle must not be moved from the mainland to an island and/or from an island to the mainland.
The vehicle may not be shipped or transported by any means of transport without prior written and verifiable authorisation from OK MOBILITY. If necessary, please contact customer service at +34 871055313 (Customer Service Phone) or via email at suscripcion@okmobility.com.
Crossing borders outside the European continent is prohibited, including travelling to Ceuta and Melilla.
Additionally, it is forbidden to drive in the following countries, as well as in any other country not mentioned above:
Albania, Belarus, Bosnia and Herzegovina, Kosovo, North Macedonia, Moldova, Ukraine, Russia, Turkey, United Kingdom.
Territorial restrictions may vary depending on the country where the vehicle is rented.
Please note that some of our vehicles are equipped with geolocation devices, and the geolocation function may be activated to monitor driving within the "Permitted Territory." If it is detected that the permitted territory has been exceeded due to fault or negligence, this will be considered a breach of the Contract, and the present contract will be immediately terminated due to contractual non-compliance by the Lessee. The Lessee will be subject to a penalty of €950 under the concept "Crossing into unauthorised territory," and the Lessor may also claim compensation from the Lessee for any damages or losses incurred exceeding this amount, should they be greater. The geolocation function may also be activated to locate the vehicle if its recovery is necessary.
18. Permitted mileage
The maximum permitted mileage per month will depend on the category of vehicle selected and will be set out in the client's contract. OK MOBILITY may require the client to pay a charge of €0.10 for each extra kilometre exceeded.
18.1. The Client undertakes to act in good faith and not to make any alterations to the car's mileage control system.
18.2. OK MOBILITY reserves the right to carry out as many checks or mileage reviews as necessary during the lease period of the Vehicle to ensure proper use of the Vehicle.
19. Additional Services or Extras
The Client can view all the additional services that are subject to voluntary contracting and the amount thereof in the attached Appendix entitled "Table of extras and exemptions". Any services and extras contracted must be paid for by the Client.
20. Termination and breach:
The Client undertakes to comply with each and every requirement assumed by virtue of these clauses and agrees that failure to comply with any of these shall lead to OK MOBILITY declaring the subscription terminated without the need for prior notice and/or intimation, with the Client being responsible for each and every requirement it has assumed and having to proceed to the immediate return of the vehicle that is the object of the lease.
Similarly, the Vehicle Subscription Contract may be terminated for the following reasons:
a) By either Party giving the notice referred to in clause 2.
b) For just cause in accordance with current legislation, and the party in compliance may demand the corresponding compensation for any damages and losses caused.
c) OK MOBILITY reserves the right to terminate the contract in the following circumstances:
- For non-payment of one (1) monthly instalment. In this case, OK MOBILITY shall require the return of the vehicle and shall carry out the appropriate and necessary actions for the correct recovery of the vehicle, among which are filing a complaint for misappropriation if the Client does not return the vehicle, as well as making a claim to the Client for the damages that are deemed to have occurred.
- When the means of payment provided by the Client is invalid or insufficient credit or collateral is provided.
- For violation of applicable laws and regulations by the Client.
- In cases where the Client is not in possession of a valid driving licence; or enters or attempts to enter a country or geographical area to which it is not possible to move the specific vehicle.
- In cases where the Client neglects his duties of care towards the vehicle, putting its value at risk.
- If there are sufficient indications to understand that there is a risk of loss, abandonment, theft or damage to the leased Vehicle.
- For serious breach by the Client of any of the obligations contained in these "Subscription Terms and Conditions" or in the "Leasing Terms and Conditions" or in the contract and, having been requested by OK MOBILITY to cease doing so, does not remedy it immediately.
- For damage(s) to the vehicle as a result of negligent actions or behaviour on the part of the Client.
- If the Client transfers the vehicle to a third party who is not authorised to drive it.
- In the event of negligent use of the Vehicle by the Client or in contravention of the contractually agreed use or permitted uses.
- If the Client does not hand over the vehicle according to OK MOBILITY's instructions.
- In the event of a border crossing without going to the Store and without the express authorisation of OK MOBILITY.
Consequences of termination: In the above circumstances, OK MOBILITY is entitled to withdraw the Vehicle from the Client and to invoice and charge the latter for the repair costs and/or any other amounts arising from damages to the Vehicle, OK MOBILITY or any third party. The claim for all damages to it may include not only consequential damage, but also loss of profit due to the unavailability of the Vehicle. These damages may include, but are not limited to, the value of the Vehicle, as well as all fines, tolls, penalties or sanctions that fall to the leased Vehicle as a result of the requirements made by public administrations for the purpose of identifying the violator thereof or to clarify other circumstances in relation to possible infractions or offences. It may also include expenses incurred in towing, repatriation, expertise and legal costs.
In accordance with the provisions of clause 2.5. of these conditions, OK MOBILITY shall be entitled to initiate legal proceedings in order to claim the immediate return of the Vehicle if the Vehicle is not handed over on time or upon request by OK MOBILITY within a period of no more than 48 hours. In this case, protections and other additional contractual Services shall have no effect.
21. Payment
21.1. The Client undertakes to pay OK MOBILITY the total price fixed for the subscription contract, services and extras associated with it, as well as the security deposit.
21.2. All services shall be paid for by the payment method chosen by the Client when booking the Subscription or, where applicable, by means of the credit card provided when collecting the vehicle. The payment methods accepted are Instant Credit from Banco Sabadell and, in the case of credit cards, the following are accepted: VISA, MASTERCARD or AMEX. The Client must present a credit card in their name when collecting the vehicle.
21.3. In the event of a breach of contract by the Client (due to the non-payment of an instalment or a breach of the requirements set out in the "Subscription Terms and Conditions", the "Leasing Terms and Conditions" or the Contract), OK MOBILITY may terminate the subscription with immediate effect, notifying the Client by the usual means of communication. The Client, for their part, must return the Vehicle within 48 hours and settle the outstanding debt. Failure to do so will result in OK MOBILITY filing a complaint for misappropriation of the corresponding vehicle.
22. Currency
The rates established by OK MOBILITY are valued in euros (€), being converted into any other currency by means of the converter: https://www.google.com/finance/converter, and OK MOBILITY dissociates itself from any conversion error. Payment can be made at all our facilities in the currency contracted by the Client, only with the credit cards established in the previous point.
23. Taxes
All the prices detailed in the rates include the Value Added Tax (VAT) in force or a similar tax that replaces it.
24. Jurisdiction and applicable law: This contract is governed by Spanish law. The Parties expressly submit to the Transport Arbitration Boards, Courts and Tribunals of the country for any incidents and issues arising from this contract.
24.1. According to the Regulation on Online Dispute Resolution in Consumer Matters (EU Regulation No. 524/2013), reference should always be made to the EU platform for online dispute resolution. This also applies if there is no willingness to participate in such a procedure.
25. Customer service and complaints
If you would like to make any suggestions about improving our services, we can be contacted by emailing customerservice@okmobility.com and all our facilities have official complaint forms which will be given to you on request. We value your feedback and strive to continually improve our provision based on the opinions of our clients.
26. Language
These "Subscription Terms and Conditions" are written in Spanish and may be translated into other languages. In the event of any discrepancies, ambiguities and/or contradictions between the Spanish version and other languages, the Spanish version shall prevail.
27. Personal data
27.1. Processing of personal data: In accordance with EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC ("GDPR") , Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights ("LOPDGDD") and other applicable regulations, the Client is informed that the personal data collected when contracting our products and services will be processed by OK MOBILITY ESPAÑA, S.L.U., in its capacity as Data Controller (hereinafter, the "Controller").
27.2. Purpose and bases of legitimising data processing: The personal data collected will be processed for the execution of the subscription contract and all services and products related to the same, as well as the procedures prior to formalising the contract. The bases of legitimacy of the various processing operations are the execution of the contract, the consent given by the Client, compliance with legal obligations and the legitimate interest of OK MOBILITY.
The Client is hereby informed that some of the OK MOBILITY vehicles are fitted with geolocators. The geolocation data will be processed for the purpose of recovering the vehicle and for ensuring driving is restricted to the "Permitted Territory" (Clause 15), all based on the execution of the contract signed between the Leaseholder and the Client.
27.3 Recipients: Data subjects' data will not be disclosed to third parties, unless legally required, with their consent, in order to fulfil our contractual obligations, as well as to comply with our legitimate interests.
27.4. Third-Party Data: In the event of providing personal data belonging to third parties, the Client declares that it has the consent of the affected parties to do so, having previously informed them of the content of this information on data protection and of the Data Controller's Privacy Policy.
27.5. Rights of the Interested Party: Interested parties may exercise their rights of access, rectification, limitation, erasure, objection, portability and, where appropriate, not to be subject to automated individual decisions, by writing to the address indicated at the beginning of these Terms and Conditions or to the following e-mail address: rgpd@okmobility.com.
Data subjects may also lodge a complaint with a supervisory authority in the Member State where they reside, where their place of work is or where the alleged infringement has been committed. In Spain, the relevant supervisory authority is the Spanish Data Protection Agency, located at C/ Jorge Juan, 6 28001 - Madrid.
27.6. Additional information: Interested parties may view additional and detailed information on the processing that OK MOBILITY ESPAÑA, S.L.U. carries out with regard to their personal data in the Privacy Policy, which can be found on our website.
29th of November 2024
