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These GENERAL CONDITIONS OF CONTRACTING FOR THE RENTAL OF VEHICLES BY SUBSCRIPTION (hereinafter, "General Conditions of Subscription") regulate the contractual relationship between OK MOBILITY ESPAÑA S.L.U. (hereinafter, "OK MOBILITY or "Lessor") and the customer (hereinafter, "Customer"), who may be a consumer, businessman or professional according to the definitions established in article 3 of the General Law for the Defense of Consumers and Users and other complementary laws (Royal Legislative Decree 1/2007, of November 16), by virtue of which the former grants to the latter the temporary use of a vehicle (hereinafter referred to as "Vehicle") for the term, price and other conditions stipulated by the parties in the rental agreement (hereinafter referred to as "Contract").
The subscription of vehicles with OK Mobility is governed by (I) these General Terms and Conditions of Rental Subscription (the "General Subscription Terms and Conditions"); (ii) the OK Mobility Spain General Rental Terms and Conditions ("General Rental Terms and Conditions") as in effect at the time the subscription is confirmed. Both Terms and Conditions are available in several languages at OK Stores and can be viewed at www.okmobility.es.
In the event of any contradiction between the "General Terms and Conditions of Subscription" and the "General Rental Terms and Conditions", the "General Subscription Terms and Conditions of Subscription" shall prevail over the "General Rental Terms and Conditions".
Upgrades: OK Mobility reserves the right to update these "General Terms and Conditions of Subscription " from time to time during the term of the subscription. OK Mobility will inform the Customer of those modifications that may affect it well in advance, informing them of their right to reject these modifications, giving them a reasonable period of time to exercise their right of termination if they do not accept the modifications and informing them where the Customer should send their non-acceptance and what consequences will occur if the Customer does not reject these modifications. Modifications are deemed accepted if the Customer does not reject them within thirty (30) days. The aforementioned communications between OK Mobility and the Customer shall be made through the use of an appropriate means of communication, leaving a written record of the same.
1. Object of the contract: The purpose of the subscription contract is the lease of a vehicle belonging to the category indicated in the subscription confirmation. OK Mobility presents a range of vehicles available for subscription at selected OK Stores to encourage the Customer to submit a binding Offer. The Customer may complete the required information and submit a binding Subscription Offer by clicking on the "Submit" order button in order to enter into a subscription contract. For the subscription contract to become effective, OK Mobility must send the Customer the subscription confirmation, in which it will inform that the Customer's request has been correctly received (confirmation of receipt) and that the contract has been concluded. In accordance with current legislation it is not possible for the Customer to revoke its declaration of intent to enter into the subscription contract. In this regard, Article 103 section "l" of Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, excluding the right of withdrawal.
2. Preparation, delivery and return of the vehicle:
2.1 Time of preparation and delivery: The Binding Offer submitted by the Customer shall be conditional upon OK Mobility's Confirmation of the subscription. The delivery of the vehicle will take place on the date and at the Store OK Mobility (hereinafter referred to as "the Store") indicated in the Subscription Confirmation. A vehicle belonging to the category indicated in the Subscription Confirmation will be delivered, without being guaranteed to receive a specific vehicle model.
2.2 Duration of the contract: The duration of this type of subscription contract shall be one (1) month, starting on the date of delivery of the vehicle confirmed by OK Mobility to the Customer.
The term of the Contract shall be extended from month to month, automatically, upon payment of the established fee. The subscription shall not be renewed if either party terminates the contract in accordance with the conditions set forth in these "General Terms and Conditions of Subscription".
The Customer may communicate their desire to terminate the subscription before the start of a new monthly payment by giving notice at least fifteen (15) days prior to the end of the current monthly payment. To do so, please send an e-mail to suscripción@okmobility.com. If the Customer communicates their desire to terminate the subscription by failing to comply with the fifteen (15) day notice period, the subscription will terminate at the end of the following monthly payment.
The return of the vehicle to a Store by the Customer without prior notice and without observing the fifteen (15) day period prior to the end of the current monthly payment is considered a unilateral termination of the existing contract and effective as of the end of the following monthly billing period.
OK Mobility may notify the Customer of its intention to terminate the subscription by giving notice at least fifteen (15) days prior to the end of the monthly billing period in which the notice of termination is received.
2.3 Vehicle ownership: From the time of delivery and until the vehicle is returned to OK Mobility, the Customer assumes all responsibilities associated with the possession and use of the vehicle. The Customer assumes all responsibilities arising from their behavior, whether intentional, reckless or negligent, in connection with the care and use of the Vehicle. It is forbidden to transfer the use of the vehicle to a third party.
It is the Customer's responsibility to carry a copy of the contract in the Vehicle at all times.
The Customer shall be liable for damages and all expenses caused by the use and possession of the vehicle. If any third party asserts against OK MOBILITY any claim for such damages or such expenses, the Customer shall assume its liability, exonerating and holding OK MOBILITY exempt and indemnified from such claims.
2.4. Change of vehicle: In order to offer its customers a high-quality fleet of vehicles, OK Mobility reserves the right, during the term of the subscription, to exchange the vehicle delivered to the Customer if the vehicle has already remained in the OK Mobility fleet for a certain period of time or has already reached a certain mileage. In such cases, it may be necessary for the Customer to change vehicles, and another vehicle belonging to the category indicated in the subscription confirmation will be delivered to the Customer. The Customer will be informed well in advance and is obliged to return the vehicle at the time and date indicated in the communication of the need to change, as well as to comply with the other aspects that may be requested to proceed with the change of vehicle. Vehicle exchange at OK Mobility's request is not considered an unauthorized vehicle return, and is not considered a termination of the contractual relationship.
Upon termination of the subscription, the Customer agrees to return the vehicle to OK Mobility at the place, date and time agreed with OK Mobility. In case of return of the vehicle to a different Store than the one agreed upon, OK Mobility reserves the right to charge a fee for any additional costs that may arise from such management.
2.5. Information on kilometers driven (mileage): For safety reasons and to ensure the contractually agreed number of kilometers, the Customer is obliged to inform OK Mobility in each monthly period of the current mileage of the vehicle, upon prior request of OK Mobility. The Customer agrees to submit to OK Mobility specific mileage information upon request (normally once per monthly billing period). If the Customer exceeds the contractually agreed mileage for a monthly billing period, they will be charged for the additional kilometers driven in accordance with the agreed rate. The kilometers not consumed within a month may be accumulated to the kilometers of the following month.
2.6. Return of the vehicle: If the vehicle is not returned at the end of the subscription within a maximum period of 48 hours, the Customer will be immediately charged with misappropriation of the vehicle. OK Mobility reserves the right to exercise all legal and logistical actions necessary for the recovery of the vehicle, the costs of which will always be borne by the Customer.
If the vehicle has not been returned at the end of the subscription, in the event of breakdown or accident, any additional coverage contracted shall cease to have effect, and the Customer shall be solely and directly liable for the payment of damages, repairs and expenses, as well as for the repair of possible damages to third parties, without exclusion or limitation.
2.7. The Customer undertakes to comply with each and every one of the obligations assumed under these clauses and agrees that failure to comply with any of them will give rise to OK Mobility to declare the subscription terminated without the need for any prior notice and/or intimation, leaving the Customer in charge of each and every one of the obligations it has assumed and it must proceed to the immediate return of the vehicle subject of the lease.
3. Modifications, changes and/or cancellations:
3.1. Modifications: If the Customer needs any change in their subscription, they must request it by sending an email to suscripción@okmobility.com. The modifications are subject to the availability of the category of vehicle or service to be modified.
The change in the category of the assigned vehicle entails the application of a fee of 43.99€. Any change will always be subject to availability.
If the new vehicle belongs to a different category than the one reflected in the subscription confirmation, the monthly rate will be recalculated as follows:
1. The change to a higher category result in the higher category being charged for the entire monthly billing period already initiated.
2. A change to a lower category will result in a price adjustment in the next monthly billing period.
3.2. Replacement vehicle warranty. The Customer may additionally contract the optional service of a replacement vehicle in the event of damage to the vehicle not caused by negligence and which makes it impossible to drive. With the payment of this additional voluntary service, the Customer will be provided with another vehicle at no additional cost. The amount of this service is detailed in the List of Additional Charges. OK Mobility reserves the right to refuse delivery of the replacement vehicle if it observes clear indications that the damage may have been caused by negligence on the part of the Customer, thereby voiding the warranty.
3.3 Cancellations: Early cancellation or return of the vehicle prior to the end of the current monthly period does not entitle the Customer to a refund or deduction of any amount from the monthly payment already made. In addition, if the termination does not occur at least fifteen (15) days prior to the beginning of the following monthly billing period, the Customer shall pay for the following month.
4. Conductor(s):
Only the person/s identified and accepted by OK MOBILITY in the Subscription contract and/or any attachment thereto are authorized to drive the Vehicle. Failure to comply with this condition will result in legal action being taken by OK MOBILITY, and possible damages may be claimed from the Customer owner. The Customer and additional drivers must be at least 18 years of age (or 21 years for certain vehicle categories). They must present proof of address, European ID card or passport and driver's license, which must be valid for the entire subscription period, in physical format, legible, in good condition and accepted by Spanish law (photocopies will not be accepted). Current driving licenses of EU and EEA (Iceland, Liechtenstein and Norway) citizens are accepted by law and valid for driving in Spain. Licenses 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 license is in force, the holder is of the age required in Spain to obtain an equivalent Spanish license and that a maximum period of six months has not elapsed since the holder acquired normal residence in Spain. In all other cases, it will be necessary to present an international permit together with the valid driver's license issued by the country of origin. For additional information, we recommend consulting the web page of the Spanish Directorate-General for Traffic (DGT, by its Spanish acronym): DGT - Permits valid for driving in Spain or directly contacting the consulate in Spain of the country where the license was issued. It will be the Customer's responsibility to make the necessary verifications to know if their driving license is valid for driving in Spanish territory. Driving licenses will be accepted in electronic or digital format in the official applications.
OK Mobility has incorporated in its fleet vehicles for people with reduced mobility (PRM): vehicles with steering wheel controls and vehicles with lowered floors and access ramp (L1 and L2). Vehicles with lowered floors and access ramp can be driven by any person with a B driving license. Cars with steering wheel controls may be driven with active adaptations by persons with driving licenses containing, in item 12, the following codes: 25.04-20.06-32.01. These same cars with controls may also be driven by anyone with a B license when, and only when, the adaptations are not active.
5. Vehicle Condition, Maintenance and Repairs:
5.1 Upon receipt of the vehicle and after checking it, the Customer acknowledges that they have received the vehicle in a perfect state of maintenance for its correct operation. The Vehicle is delivered clean, with the bodywork, upholstery, tires, headlights and accessories in optimal conditions. The Customer is provided with all the necessary documentation to circulate. The Customer shall be responsible for the replacement of any element of the vehicle that is damaged or lost, and shall pay all the corresponding amounts paid by OK Mobility that derive directly from the use of the vehicle by the Customer in accordance with the law in force.
5.2 It is expressly forbidden for the Customer to vary any technical characteristics of the vehicle, equipment or exterior and/or interior appearance, and in case of doing so without authorization, the Customer shall bear all the costs of restoring the vehicle to its original state and shall pay an amount as compensation for the immobilization of the vehicle, which shall be equivalent to the daily rental price, according to the current rate, for the days it is immobilized.
5.3 OK Mobility assumes normal mechanical wear and tear of the vehicle. The costs of maintenance and repair of breakdowns suffered by the vehicle during the lease period, if they are due to normal wear and tear, shall be borne by OK Mobility. OK Mobility will, if necessary, replace the Customer's vehicle if as a result of the breakdown it has to be stopped for repair. The replacement vehicle will be delivered to the nearest Store. If the breakdown of the vehicle was caused by negligence, infringements or improper use of the vehicle by the Customer, OK Mobility reserves the right not to replace the vehicle and to immediately terminate the subscription contract for breach of contract by the Customer and to take appropriate legal action.
5.4 It is the Customer's responsibility to notify OK Mobility of the illumination of any warning lights on the dashboard or inside the vehicle; failure to do so will result in the Customer being liable for any damages that may arise from this omission.
5.5 Repairs in a repair shop or replacement of parts may only be made with the express written authorization of OK Mobility. No repair costs will be reimbursed except with OK Mobility's prior express consent and acceptance of your estimate and the shop performing the repair. In the absence of such express written consent, the Customer shall be solely responsible for the payment of such expenses, both workshop and spare parts.
5.6 Damage to the vehicle, as well as wear and tear of parts, will be subject to review and assessment by specialized personnel. OK Mobility reserves the right to make an expert report to verify the condition of the vehicle in case of any possible incident and the use given to the same.
5.7 In the event that OK Mobility requires the Customer to go to a Store to exchange the vehicle, the Customer shall 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 steps to repossess the vehicle in question.
6. Vehicle identification:
The customer expressly agrees that the leased vehicle will be identified with the OK Mobility logo and advertising, and undertakes to keep the corresponding stickers and license plate holders on the vehicle during the entire subscription period. The removal of these elements will entail a restitution surcharge plus the payment of the possible administrative penalty imposed for this concept. According to certain municipal ordinances, you must also place in a visible place the document given to you to prove that the vehicle is rented. In case of non-compliance with this obligation, you must assume the costs in the event of a penalty and pay the management fees set out in point 12.
7. Objects found:
At the end of the rental period, the Customer must remove their personal belongings from the vehicle. OK Mobility is not responsible for items reported as lost or forgotten.
8. Prices and rates:
All prices will be indicated and valued in euros (€).
8.1 Monthly fee: The subscription fee will consist of a fixed monthly fee based on the category of Vehicle selected, to which any additional services contracted will be added.
Fees and other payments due will be paid by credit card. Once payment has been made, the Customer may obtain their invoice from the invoices section of the OK Club.
The amount of the fee may be updated or modified during the term of the Subscription Agreement, with prior notice to the Customer by e-mail or by any other means deemed appropriate. In this case, the Customer shall have a period of thirty (30) days to object to such update. If after this period the Customer has not exercised their right of objection, it will be understood that the variation has been fully accepted by them.
In the event that the Customer wishes to object to the notified price update, they must communicate this within the aforementioned period and at the address provided for this purpose at the time of notification. In such cases, the Customer shall have the option to terminate the contract without penalty, provided that the price update was 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 desire to terminate the Subscription Contract.
8.2 Deposit: The Customer shall pay as a guarantee or deposit the amount equivalent to a monthly fee at the time OK Mobility confirms the subscription. The deposit will be paid in the payment method provided (credit card). The deposit amount will be returned to the Customer at the end of the subscription, provided that the vehicle has actually been returned and all outstanding payments and items have been paid. OK Mobility is entitled to use the deposit to settle any outstanding payments. The posting of the deposit shall in no event waive payment of the Monthly Fee or any other amounts. The application of the deposit to any outstanding payments shall not preclude OK Mobility's right to demand any additional amounts that may be due, including any applicable liquidated damages.
8.3 In case of breach of contract by the Customer (for non-payment of any installment or for breach of the obligations set forth in the "General Conditions of Subscription", in the "General Conditions" or in the Contract) OK Mobility may terminate the subscription with immediate effect, which will be communicated to the Customer by the usual means of communication. The Customer, for its 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 vehicle.
8.4 The Customer agrees to pay OK Mobility the full price set for the subscription contract.
9. Coverages:
The subscription contract includes third party insurance, OK PREMIUM COVER and Roadside Assistance (CAR). These coverage modalities include Wheels and Windows, elimination of the franchise, in addition to the elimination of the charge for the processing of damage management files. It also includes the 24-hour roadside assistance service, the change or replacement of the vehicle in case of breakdown or accident and roadside assistance by tow truck to the place of the mishap in the shortest possible time by calling the following phone number: +34 971 928 603. These coverages shall not apply if the breakdown or accident is the result of negligence or improper use by the Customer, or due to the commission of crimes or infractions by the Customer. In case of border crossing, it will be necessary to previously inform the Store and pay the corresponding price.
9.1 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 specialized personnel. Damages not included in the coverages contracted or due to negligence of the Customer shall be paid by the Customer.
All coverages detailed do not include the following services related to damage to the Vehicle, in connection with: structural elements, underbody, interior and exterior equipment. This list is for information purposes only, due to its length we refer to the table attached to the contract, where the possible damages are specified along with their respective prices. This table is available to the public at OK MOBILITY's facilities, websites or any other means that OK Mobility considers accessible prior to sending the binding Offer. None of the coverage modalities covers damage caused to the insured Vehicle as a result of: wars, catastrophes and natural phenomena (hail, blizzards or others), terrorism, tumult, or riot; actions of the State Security Forces and Corps, negligence on the part of the Customer, abandonment, accident or paralysis of the Vehicle due to crimes or infractions carried out with it and any other activity established in points 10 and 11. These damages and related services will be the responsibility of the Customer. The coverage in no case covers personal effects left, stored or transported in the vehicle.
9.2 Breakdown or accident after subscription ends: Once the contractual relationship between the Customer and OK Mobility has ended, the Customer will be responsible for 100% of the payment of repairs and expenses incurred to the Vehicle.
9.3 In the event of loss of keys and/or documents/accessories, the costs related to their replacement will be charged to the Customer according to current rates.
10. Accidents, thefts, acts of vandalism.
In the event of an accident, theft, a criminal act or vandalism (see point 10.1) committed against the vehicle, the Customer is obliged to:
A. Report what happened to the police immediately.
B. Complete a friendly accident report according to the official model found in the Vehicle, indicating at least the registration number, the name and address of the opposing party in addition to the name of the insurer and, when possible, the policy number of the vehicle.
C. Concisely and precisely, describe the accident and, if applicable, note the names of the witnesses.
D. Do not prejudge or acknowledge any responsibility for the accident.
E. Do not leave the Vehicle without taking appropriate measures to protect it against further damage by leaving it closed and without disturbing the traffic.
F. Immediately report the incident to OK Mobility, calling the emergency number +34 971 928 603. In the event of non-compliance by the Customer with the obligation to notify OK MOBILITY of a loss within a maximum period of twenty-four (24) hours, the Customer will assume all costs associated and derived from the repair and pay an amount as compensation for immobilization of the vehicle, which will be set at the daily rental price, according to the current rate, for the days it is immobilized.
10.1 Examples of criminal or vandalism acts 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, tires or seats. Forceful theft causing damage to the windows or body of the Vehicle. Vandalism against the Vehicle. The above list is written for mere exemplary, non-limiting purposes.
In the event of theft, the Customer must file a report with the competent authority and send a copy to OK Mobility within 24 hours of the incident occurring. Likewise, they must hand over the key to the vehicle. The Customer may contact OK Mobility by calling: + 34 910 300 416 (Customer Service) or by email: sucripcion@okmobility.com.
11. Unauthorized use of the vehicle:
11.1 Only the Customer and the persons duly identified and designated for this purpose as stated in the subscription contract are authorized to drive the vehicle, with the condition that they are holders and in possession of a valid and current driving license. The Customer and/or authorized drivers will be jointly responsible for the obligations arising from this contract and the applicable laws.
11.2 The Customer undertakes to drive the vehicle in accordance with the rules of the Highway Code and the specifications of use of the type of vehicle, always acting with due diligence and care and avoiding, in any case, any situation that could cause damage to the vehicle. or to third parties.
11.3 The Customer will use the vehicle exclusively for their mobility, and it may not be used for the transport of passengers or goods for commercial or industrial purposes unless expressly authorized by OK MOBILITY.
Subleasing of the vehicle is expressly prohibited.
11.4 The Customer assumes financial, personal and unlimited liability and undertakes not to use the vehicle or allow it to be used in the following cases:
- Push or tow any vehicle or any other object, whether rolling or not.
- Participate in competitions, official or not.
- Ilegal races.
- Paid transportation of passengers.
- Driving without a permit or driving license, or without the authorization of OK Mobility.
- Transfer of the vehicle to a third party.
- Driving on roads that could cause damage to the vehicle's underbody/casing.
- Negligent action in response to the turning on of warning lights or warning signs on the vehicle's dashboard that the Customer declares to be aware of by signing this contract.
- The transportation of furniture, except vehicles designed for this purpose.
- Leaving objects visible in the vehicle.
- Performing resistance tests on automotive materials, accessories or products.
- Driving the vehicle in a state of fatigue, illness or under the influence of alcohol, medication or narcotics.
- Reckless driving.
- Transporting goods that violate the law or current legal provisions or for illicit purposes, or in weight, quantity and/or volume greater than that authorized in the Technical Inspection Sheet of the vehicle, or even classified as special or dangerous.
- Transporting passengers in excess of the number authorized and indicated in the vehicle's Technical Inspection Sheet.
- Not using or allowing the rented vehicle to be used as a means or instrument for the commission of crimes, punishable actions, prohibited or simply sanctioned by Law, assistance to criminals or protection, transportation and shelter of objects originating from crimes.
- Not making any modifications to the structure or mounting a roof rack or luggage/goods on the roof.
- Not manipulating or unsealing the odometer, and must notify OK MOBILITY of any fault in it. Mileage will be measured by the odometer or by road maps if the odometer breaks.
- Not driving on roads that are not adapted to road use, or that are not paved and that are not on the state highway map.
- Using the vehicle after the rental period has ended.
- SMOKING IS PROHIBITED IN THE VEHICLE.
- Any other improper use that the Customer makes with the vehicle.
11.5 Unless expressly authorized, the leased vehicle may only circulate within the national territory.
11.6 The Customer agrees to keep the vehicle closed when not in use and to keep the contract and attached documents inside.
11.7 The Customer undertakes to stop and immobilize the vehicle when it detects any anomaly in its operation or a warning light comes on, and must contact the telephone number +34 910 300 416 (Customer Service), or by email: suscripcion@okmobility.com.
11.8 The Customer may not assign, sell, sublease, mortgage, pledge or dispose of the vehicle or its elements in any way.
11.9 Any failure to comply with that described in this Clause will be understood as unauthorized use. The Customer will be liable to OK Mobility to its complete satisfaction and without limit for any damage caused to the vehicle, loss of profits and even total loss of the vehicle. In the event of a claim through judicial means, the Customer will pay all the expenses derived from such procedure, lawyers, solicitors, and costs, even if their intervention is not procedurally mandatory.
12. Traffic violations:
The Customer will be responsible for any traffic violation and/or any violation of current applicable legislation that may be incurred while driving the rented vehicle during the rental period.
Within current legislation, OK Mobility may charge an amount for file processing for each sanctioning file. The payment of fines is not included in any of the coverages that can be purchased additionally. In the event that the authorities retain the vehicle due to an act or omission of the Customer, regardless of the cause, the Customer will be responsible and must compensate OK Mobility for all costs and lost profits incurred for such reason.
13. Solidarity liability: All Customers and/or additional drivers will be jointly and severally liable for all obligations assumed by the Customer in the Contract and for all legislation applicable to it.
14. Fuel policy: Full: Upon delivery of the vehicle, OK Mobility is obliged to deliver the Vehicle tank full, for its part the Customer will also be obliged to return it full. If OK Mobility fails to comply with the filling obligation, the Customer may demand the Vehicle with a full tank at the time of delivery; if they do not claim it at that time, it will be understood that they agree. If, on the other hand, it is the Customer who fails to return the Vehicle, an expense will be charged for refueling management plus the missing liters for replacement according to the current rate, up to 100% of the deposit.
15. Permitted Territory: The vehicle may only be driven within the national territory. In case of cross-border crossing, the Customer must inform the Store; in this case, the vehicle may leave national territory and circulate through the territory of the European Union, Andorra, Gibraltar, Romania, Albania and Turkey, except Bulgaria and the United Kingdom.
The vehicle may not be loaded or transported by any means of transport, except with prior written authorization from OK Mobility. If necessary, contact customer service by phone: +34 910 300 416 or email address: suscripcion@okmobility.com.
It is reported that some of our vehicles have geolocators. The geolocation function may be activated to control driving within the “Allowed Territory”. If it is detected that the vehicle has exceeded the permitted territory, it will be considered a breach of the Contract, and OK Mobility may claim from the Customer the damages caused, immediately resolving this contract due to breach of contract by the Customer and taking the appropriate legal measures. The geolocation function can also be activated to locate the vehicle in case it is necessary to recover its possession.
16. Mileage: The maximum mileage allowed per month will depend on the category of vehicle selected and will be set out in the Customer's contract. OK Mobility may require the Customer to charge an amount of €0.10 for each extra kilometer that has been exceeded.
16.1 The Customer undertakes to act in good faith and not make any alterations to the car's mileage control system.
16.2 OK Mobility reserves the right to carry out any mileage checks or reviews that are necessary during the rental period of the Vehicle in order to guarantee it’s proper use.
17. Additional services or Extras: The Customer may consult all the additional services subject to voluntary contracting and their amount in the attached Annex called “Table of extras and deductibles”.
18. Resolution and non-compliance:
The Vehicle Subscription Contract may be terminated for the following reasons:
a) By either Party granting the prior notice referred to in clause 2.2.
b) For just cause in accordance with current legislation, the complying party may demand the corresponding compensation for any damages that may have been caused.
c) OK Mobility reserves the right to terminate the contract in the following cases:
- For non-payment of one (1) monthly fee. In that case, OK Mobility will require the return of the vehicle to the Customer and will carry out the actions and/or actions that are convenient and necessary for the correct recovery of the vehicle, among which are the filing of a complaint for misappropriation if the Customer does not proceed to the return of the vehicle, as well as the claim to the Customer for any damages that are estimated to have occurred.
- When the payment method provided by the Customer is not valid or sufficient credit or guarantee is not provided.
- For the violation of applicable laws and regulations by the Customer.
- In cases where the Customer is not in possession of a valid driving license; or enters or attempt to enter a country or geographical area to which it is not possible to move the specific vehicle.
- In cases where the Customer neglects their duties of care towards the vehicle, putting its value at risk.
- In the event that there is sufficient evidence to understand that there is a risk of loss, abandonment, theft or damage to the rented Vehicle.
- For serious breach by the Customer of any of the obligations contained in these “General Conditions of Subscription”, or in the “General Rental Conditions” or the contract, and, having been required by OK Mobility to cease doing so, it does not remedy it immediately.
- For damage/s caused to the vehicle as a consequence of negligent actions or behavior on the part of the Customer.
- If the Customer transfers the vehicle to a third party not authorized to drive it.
- In cases of use of the Vehicle by the Customer in a negligent manner or in contravention of the contractually agreed use or permitted uses.
- If the Customer does not deliver the vehicle following the instructions of OK Mobility.
- In cases of cross-border crossing without the consent of OK Mobility.
Consequences of the resolution: In the above cases, OK Mobility is authorized to remove the Vehicle from the Customer and to invoice and collect from the Customer the repair costs and/or any other amounts derived from the damages caused to the Vehicle, to OK Mobility or to any third party. The claim for all damages caused may include not only consequential damage but also loss of profits due to the lack of availability 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 imposed on the leased Vehicle as a result of the requirements made by public administrations for the purpose of identifying the violator of those or to clarify other circumstances in relation to possible infractions or crimes. It may also include expenses incurred in towing, repatriations, expert reports and legal costs.
OK MOBILITY will have the right, in accordance with the provisions of clause 2.5. of these conditions, to initiate a judicial procedure in order to claim the immediate return of the Vehicle if it is not delivered on time or after OK MOBILITY's request within a period that may not exceed 48 hours. In such case, the protections and other additional contractual Services will have no effect.
19. Payment: All services will be paid by credit card (VISA, MASTERCARD or AMEX) and the Customer must present said credit card (VISA, MASTERCARD or AMEX) of their ownership when collecting the vehicle.
20. Currency: The rates established by OK Mobility are valued in euros (€), converted into any other currency using the converter: https://www.google.com/finance/converter, disassociating OK Mobility from any conversion error. Payment can be made in all our facilities in the currency you contracted, only with the credit cards established in the previous point.
21. Taxes: All prices detailed in the rates include the current Value Added Tax (VAT). OK Mobility is exempt from paying any other fee or tax that any state, regional or local authority may establish during the course of this Contract.
22. Jurisdictional submission and applicable law: This contract is governed by Spanish Legislation. The Parties expressly submit to the Transportation Arbitration Boards, Courts and Tribunals of the country, for any incidents and issues arising from this contract.
22.1. In accordance with the regulation on online dispute resolution in consumer matters (EU Regulation No. 524/2013) reference must always be made to the EU platform for online dispute resolution. It also applies if there is no willingness to participate in said procedure.
23. Customer service and complaints: If you would like to make any suggestions regarding the improvement of our services, we are at your disposal by emailing customerservice@okmobility.com and all our facilities also have official complaint forms that will be kindly delivered to you when you request them from our employees. We value your feedback and strive to continually improve our offering based on our customers' feedback.
24. Language: These “General Conditions of Subscription” are written in Spanish, and may be translated into other languages. In case of discrepancies, ambiguities and/or contradictions between the Spanish version and other languages, the Spanish version will prevail.
25. Privacy Policy.
25.1. Processing of personal data. In accordance with RGDP 2016/679 and other applicable data protection regulations, the Customer is informed that the personal data collected in connection with the execution of this Contract will be processed by OK MOBILITY ESPAÑA, S.L.U., in its capacity as Controller of the Treatment (hereinafter, the “Controller”).
25.2. Purpose and basis of legitimation of the treatment. The personal data collected will be processed for the execution of the contract and all processing related to it. The basis of legitimacy is the execution of the contract.
The Customer is informed that some of the OK Mobility vehicles have geolocators. The geolocation data will be processed for the purpose of vehicle recovery, in accordance with the provisions of Clause 2.5 and for driving control within the “Allowed Territory” (Clause 15), all based on the execution of the contract signed. between Lessor and Customer.
25.3. Recipients. The data of the interested parties will not be transferred to third parties, except under legal obligation or with their consent.
25.4. Third Party Data. In the case of providing personal data owned by third parties, the Customer states that it has the consent of those affected to do so, having previously informed them of the content of this data protection information and the privacy policy of the Controller.
25.5. Rights of the Interested Party. Interested parties may exercise their rights of access, rectification, limitation, deletion and opposition by writing accompanied by a copy of their identification document and addressed to the address indicated at the beginning of these General Conditions for vehicles in the Subscription mode or by email: rgpd@okmobility.com.
25.6. Additional Information. Interested parties can consult additional and detailed information about the processing that the controller carries out of their personal data in the Privacy Policy, located on our website.
Version March 21, 2024
