GENERAL CONDITIONS FOR SUBSCRIPTION AGREEMENTS
These GENERAL CONDITIONS OF VEHICLE RENTAL AGREEMENTS ON A SUBSCRIPTION BASIS (referred to hereinafter as, “General Conditions”), shall govern the contractual agreement between OK MOBILITY DEUTSCHLAND GmbH, c/o Dr. Kleeberg & Partner GmbH, Augustenstraße 10, 80333 Múnich, Alemania. (referred to hereafter as, “OK MOBILITY” or the “Lessor”) and the paying Lessee (referred to hereinafter as the, “Lessee”), pursuant to which the former lets the latter use a vehicle (referred to hereinafter as the, “Vehicle”) for the period of time, price and other conditions that are established by the parties in the subscription based rental agreement (referred to hereinafter as the, “Agreement”), which shall be drawn up and signed at the business premises of the Lessor. If there is any type of discrepancy between the content of any point of the General Conditions and those of the specific conditions signed between the parties, the latter shall prevail.
FIRST. – SUBJECT MATTER OF THE AGREEMENT.
1.1. The subject matter of this agreement is the rental of a vehicle from the category that has been selected previously by the Lessee in the vehicle booking process, in which case the Lessee assumes any liability arising from being in possession of and using the vehicle as soon as it is collected and until the vehicle is returned to the Lessor, on the collection and return dates specified in the agreement signed by the Lessee.
1.2. As soon as the booking has been formalised, the Lessor shall reserve a minimum period of 10 days to prepare and hand over the vehicle that has been selected previously by the Lessee, at the Office chosen to pick it up.
1.3. The Lessee acknowledges that they have been given a well-maintained vehicle that runs properly, it is clean, its bodywork, upholstery, tyres, headlights and accessories are in good working order and that they have been supplied with all the necessary documentation to be able to drive it. The Lessee shall be responsible for replacing any element of the vehicle that might be damaged or lost for reasons that can be attributed to the Lessee, and they shall pay all the expenses met by the Lessor, which have been incurred directly due to the Lessee using the vehicle, which the latter party is responsible for.
1.4. THE CUSTOMER clearly accepts that the rented vehicle is identified with the OK MOBILITY logo and publicity, and they agree to keep the corresponding stickers on its vehicle for as long as they rent it.
1.5. At the end of the rental period, the Lessee must remove all their personal belongings from the vehicle. The Lessor cannot be held liable for anything that has been lost or forgotten that it is informed about.
SECOND. - DURATION.
2.1. The duration of this type of subscription will be the one selected in the vehicle reservation process. The hiring period will be established in the Lessee's contract and will depend on the selected vehicle category and its availability on the date of the rental.2.2. The early cancellation or the return of the vehicle before the date established in the agreement does not entitle the Lessee to ask for any amount paid to be refunded or deducted from the cost of renting the vehicle, and they shall also be expected to pay a penalty of two months rental. If the vehicle is returned in the penultimate month of the agreement, the Lessee shall only be charged for the month pending.
2.3. The Lessor is entitled to take the vehicle away from the Lessee at any time, in which case it only has to refund any possible remaining amount for any expenses already paid in line with what has been agreed upon in the agreement or replace the vehicle for another one in the same conditions. If the vehicle is taken away due to a non-compliance of the General or specific Conditions in the Agreement, the Lessor can claim compensation for damage and loss from the Lessee.
2.4. The Lessor agrees to return the vehicle to the Lessor in the place, on the date and at the time agreed upon in their agreement. If the vehicle is returned to a different Store from where it was collected, the Lessee is entitled to charge a fee for the additional expenses that might be incurred by this procedure.
2.5. The rental shall only be considered to have ended once the vehicle, the documentation, accessories and the keys have been given back to OK MOBILITY
2.6. If the vehicle is not returned on the expiry of the agreement, a report shall be made against the Lessee immediately. The Lessor is entitled to take the appropriate legal and logistical action to recover the vehicle and the expenses incurred in doing so shall be charged to the Lessee. If the vehicle breaks down or it is involved in an accident outside the agreed rental period, the Lessee shall be held directly responsible for paying for any damage, repairs and expenses incurred by the rented vehicle as well as for any possible damage to third parties, without exclusion or limitation.
THIRD. – MODIFICATIONS TO THE AGREEMENT.
3.1. The Lessee can modify the duration of the rental agreement previously agreed upon or the category of vehicle after the first three months of the subscription.
3.2. If the modification involves a reduction in the total duration of the vehicle rental, the Lessee must pay the difference of the fee with regard to what was initially enjoyed.
3.3. If the Lessee asks to change the category of the vehicle assigned, the Lessor is entitled to charge for processing the new agreement and for the paperwork involved in the receiving and handing over the new vehicle.
FOURTH. – DRIVER.
4.1. The Lessee and the additional drivers must be at least 18 years old and they must show their European Identification Document or Passport and their driving license, both documents must be valid during the rental period, they must be in physical format, legible, in good condition and accepted by the Spanish law. Valid driving licenses of EU citizens and citizens from the EEA (Iceland, Liechtenstein and Norway) are accepted by Spanish Law to be able to drive in Spain. Driving licenses issued in third countries shall be accepted if they comply with the requirements established in article 21 of the General Drivers Regulation, as long as the driving license is in force, the holder of the driving license must be of the required age in Spain to obtain an equivalent Spanish driving license and it must be within a six month period, at the most, as from when the driving license holder acquired their normal place of residence in Spain. In other cases, an international driving license has to be shown along with the valid driving license issued by the country of origin. For more information, we recommend having a look on the website of the Spanish Traffic Authorities, Dirección General de Tráfico (DGT): In the section Permisos válidos para conducir en España (Valid Driving Licenses to be able to drive in Spain) or get directly in touch with the Spanish consulate of the country where your driving license was issued. The customer shall be responsible for making sure that their driving license is valid to be able to drive in Spain. Electronic or digital driving licenses, in the official apps, shall be accepted, but photographs or photocopies of them shall not.
4.2. The Lessee must present a credit or debit card (VISA, AMERICAN EXPRESS or MASTERCARD) that is in their name when they collect the vehicle.
FIFTH. – MAINTENANCE AND REPAIRS OF THE VEHICLE.
5.1. The Lessee is not allowed to modify any technical feature of the vehicle, equipment, its exterior and/or interior appearance in any way and if they do without getting authorisation, they shall be expected to pay all the expenses incurred in having to restore the vehicle back to its original state and pay a certain amount as compensation for the length of time that the vehicle is not roadworthy, which shall be determined according to the daily price of renting it.
5.2. The Lessor is responsible for the normal mechanical wear and tear of the vehicle. The Lessor shall pay any maintenance costs and expenses incurred by having to do repair work on the vehicle during the rental period, which is due to normal wear and tear. The Lessor shall provide the Lessee with another vehicle if the one they have rented breaks down and it must be taken off the road to be repaired. This vehicle shall be supplied in the closest Store. If the vehicle has broken down due to the Lessee’s negligence, driving offences or misuse of the vehicle, the Lessor is entitled to refuse to supply a replacement vehicle and terminate the rental agreement immediately due to the Lessee’s breach of contract and take the appropriate legal action.
5.3. Any repair work done at a garage or spare parts that are needed must be specifically authorised by the Lessor in writing beforehand. No expense incurred for any repairs shall be refunded unless the Lessor has accepted and agreed to the quote first, which is given by the mechanic who does the repair work. If it does not specifically agree to this in writing, the Lessee shall be held exclusively liable for paying these expenses, both those charged by the mechanic and also those of the repairs.
5.4. Any damage done to the vehicle, as well as the wear of the parts shall be inspected and assessed by specialised Personnel. The Lessor is entitled to get an expert’s assessment to confirm the state of the vehicle in the event of any possible incident and use thereof.
SIXTH. – INSURANCE COVERAGE.
6.1. The subscription agreement includes third party insurance and the OK PREMIUM COVER coverage. This type of insurance coverage includes wheels and windows, the elimination of the deductible, the content in the “Table of Prices for Damage, Theft and/or Loss and Related Services”, as well as the removal of the administrative fee for dealing with the damage.
6.2. This insurance coverage includes a 24 hour Road Assistance telephone service, available by phoning the telephone number: 0049 08912231546, changing or replacing the vehicle that has been involved in the accident and the roadside assistance with a tow truck, which goes to the place where the accident happened in the shortest amount of time possible (this shall not apply if the accident was due to the Lessee´s negligence or misuse of the vehicle, an accident or the vehicle being taken off the road for any type of crime or driving offence with it, only in Spain. For roadside assistance abroad, the cross-border driving (INT) coverage has to be taken out. If this is not taken out, if the vehicle is taken abroad, the Lessee shall be charged all the expenses incurred in having to recover the vehicle or provide roadside assistance, with an estimated cost of €950 plus €350 for the tow truck service and any possible damage done to the vehicle and excess mileage, in which case this agreement would be terminated immediately due to the Lessor’s breach of contract.
6.3. Any damage done to the vehicle, as well as the wear of the parts of the vehicle shall be inspected and assessed by specialised Personnel. Any damage that is not included in the insurance policy of the agreement shall be paid by the customer.
6.4. General exclusions of the coverage and the corresponding surcharges: All the coverage listed does not include the following services related to the damage done to the Vehicle, related to: Structural elements; undercarriage, the interior and exterior features of the vehicle. This list is merely for information purposes, the “Table of Prices for Damage, Theft and/or Loss and Related Services”, which includes details of all the possible types of damage, theft, and/or loss and related services together with the corresponding prices, should be consulted. This table is available for the public at the OK MOBILITY business premises and websites or on any other form of media that the Lessor considers appropriate to use, which the Lessee specifically states they are aware of when they sign this Agreement. All the prices shall be stated in Euros (€) and they shall be charged for any possible damage, theft, loss and services related to the invoice issued on behalf of the Lessor. None of the types of coverage shall include the damage done to the vehicle, which is insured as a result of: wars, natural catastrophes and phenomena (hailstones, blizzards or other extreme weather conditions), terrorism, turmoil, or riots; action of the State Security Forces and Agencies, the negligence of the Lessee, the Vehicle being abandoned, involved in an accident or stopped or seized for a driving offence committed with it and any other activity established in the points 11 y 12. The expenses incurred by this damage and the related services shall be paid by the Lessee. Under no circumstances whatsoever shall the insurance cover the personal belongings that are left, kept or transported in the vehicle.
6.5. If the vehicle breaks down or it is involved in an accident outside the agreed rental period and on the expiry of the contractual relationship between the Lessee and the Lessor, the Lessee shall be held 100% accountable for paying for the repairs and expenses incurred in the Vehicle.
6.6. If the keys and/or documents/accessories are lost, the Lessee shall be expected to pay the expenses incurred in replacing them, which shall be calculated according to the prices in force.
SEVENTH. – PAYMENT METHOD AND FEES.
7.1. The subscription fee consists in a set fee that is shall be maintained each month of the agreement, which is established according to the category of vehicle chosen and the duration of the agreement.
7.2. The Lessee must underwrite the first instalment of the subscription agreement once the booking process has been completed. Each month the following monthly instalments shall be paid using the stated bank card. Once the corresponding monthly instalment has been paid the corresponding invoice shall be sent to the address supplied by the Lessee.
7.3. If any of the monthly instalments are not paid while the agreement is in force, OK MOBILITY shall be entitled to terminate the agreement by informing the Lessee of its decision. As for the Lessee, they must return the vehicle and pay off what they owe. If they don’t, OK MOBILITY shall report this.
7.4. The Lessee agrees to pay the Lessor the total price established for the subscription agreement. The price shall include the amounts established according to the time and the mileage, where appropriate, fuel contracted or not refuelled, third party insurance, OK PREMIUM COVER coverage, MOT, vehicle maintenance, and taxes associated with the service hired.
EIGHTH. – FUEL POLICY.
8.1. Full/Full: The Lessor must supply the vehicle with the fuel tank full, and the Lessee must return it with the fuel tank full. If the Lessor does not comply with this obligation to supply the vehicle with a full tank, the Lessee can ask to have it filled up when they collect the Vehicle, if they do not make a claim when they collect the vehicle it is understood that they are satisfied with the vehicle. If on the other hand it is the Lessee who does not uphold their obligation to return the vehicle with a full fuel tank, they shall be charged for the work involved in actually filling it up and also for the litres of fuel that are needed for the tank to be 100% full.
NINTH. –MILEAGE.
9.1 The maximum mileage allowed per month will depend on the selected vehicle category and will be established in the Lessee's contract. The Lessor may charge the customer an extra amount of €0.10 for each additional kilometre.
9.2. The Lessee agrees to act in good faith and not tamper with the odometer of the car.
9.3. The Lessor is entitled to check or inspect the mileage whenever necessary while the vehicle is being rented, to guarantee that the vehicle is being used properly.
TENTH. – ACCIDENTS AND THEFT.
10.1. The Lessee must inform the Lessor immediately about any accident and fill in the accident report with all the data about the other party involved and that of any witnesses, which must be sent to the Lessor. If anyone is injured in the accident the competent authorities must be informed about this. If the Lessee does not report the accident to the Lessor in the correct manner and within the time period established, they shall be held responsible for any damage done to the vehicle, as well as any other damage claimed against the Lessor.
In the event of an accident, and whenever it is reasonably feasible, the Lessee shall not abandon the vehicle without taking the appropriate measures to protect it and keep it safe.
10.2. In the event that the vehicle is stolen, the Lessee must report this to the competent authority and send the Lessor a copy of the report within 24 hours from when it was stolen. Moreover, the keys of the vehicle must be returned. The Lessee can get in touch with OK MOBILITY by phoning the telephone number +34 871055314 (Customer service) or send it an email to suscripcion@okmobility.com and also to the fiscal address of the OK MOBILITY establishment: Gran Vía Asima, 36, A- 07009, Palma, Illes Balears.
ELEVENTH. – UNAUTHORISED USE OF THE VEHICLE.
11.1. Only the Lessee and the persons duly identified and designated to do so as stated in the contract are authorised to drive the vehicle, provided that they are holders and are in possession of a valid driving license. The Lessee and/or authorised drivers will be jointly and severally liable for the obligations arising from this contract and the applicable laws.
11.2. The Lessee agrees to drive the vehicle in accordance with the Highway Code and the specifications of use of the type of vehicle; they must always use the vehicle with due diligence and care, in and in any case, avoid any situation that might cause damage to the vehicle or third parties.
11.3. The Lessee shall only use the vehicle for their own mobility, it cannot be used to take passengers or goods for industrial or commercial purposes unless this has been specifically authorised by OK MOBILITY.
11.4. The Lessee assumes financial, personal and unlimited responsibility and they agree not to use the vehicle or let it be used in the following cases:
a) Pushing or towing any other vehicle or any other object, mobile or not.
b) Taking part in competitions, official or not.
c) Illegal races.
d) Transportation of passengers that the Lessee gets paid for.
e) Driving without permission or without a driving license, or without the authorisation of the Lessor.
f) Letting a third party use the vehicle.
g) Driving on roads that might cause damage to the undercarriage/crankcase of the vehicle.
h) Negligence when the dashboard warning lights of the vehicle go on, which the Lessee stated they were aware of when they signed this agreement.
i) Transporting furniture, apart from vehicles that have been designed for this.
j) Leaving belongings somewhere visible in the vehicle.
k) Carrying out stress tests on materials, accessories or products for automobiles.
l) Driving the vehicle when drowsy, sick or under the influence of alcohol, medication or drugs.
m) Reckless driving.
n) Transportation of illegal goods or those that violate the existing legislation or for unlawful purposes, or goods that exceed the authorised weight, quantity and/or volume that is stated in the Technical Inspection Sheet of the vehicle, or even goods that are classified as being special or dangerous.
o) Transportation of more passengers than what is authorised or stated in the Technical Inspection Sheet of the vehicle.
p) Not use the rented vehicle or allow it to be used as a way or as a means to commit crimes, punishable, prohibited activities or simply those that are penalised by law, assisting, criminals or protecting, transporting and harbouring objects related to crimes.
q) Not modify the structure or put a roof rack or equipment/goods on the roof of the vehicle.
r) Not tamper with or unseal the odometer, and OK MOBILITY must be informed about any problems with it. The mileage shall be measured using the odometer or by the road maps if the odometer breaks.
s) Not drive anywhere that is not suitable to be driven on, or that is not paved or is not included in the state road map.
t) Using the vehicle once the rental period has ended.
u) IT IS PROHIBITED TO SMOKE IN THE VEHICLE.
v) The Lessee misusing the vehicle in any other way.
11.5. Unless it is specifically authorised the rented vehicle can only be driven in Spain.
11.6. The Lessee agrees to keep the vehicle locked when it is not being used and keep the agreement and accompanying documents inside it.
11.7. The Lessee agrees to stop and immobilize the vehicle if there is any type of malfunction or if any of the warning lights go on, and duly phone the telephone number +34 871055314 (Customer Service), or send an email to suscripcion@okmobility.com.
11.8. The Lessee cannot hand over, sell, sublease, mortgage, pawn or dispose of the vehicle or any of its features in any way.
11.9. Any breach of the aforesaid terms established herein shall be understood as being unauthorised use. The Lessee shall be held responsible until the Lessor is totally satisfied and without any limitations on the damage done to the vehicle, the loss of profits and even the total right off of the vehicle, as long as it is due to using it without authorisation. If legal action is taken the Lessee shall pay all the expenses incurred in this procedure, lawyers, solicitors, and legal costs, even though their intervention in the proceedings is not mandatory.
TWELFTH. – DRIVING OFFENCES.
12.1. The Lessee shall be held responsible for any driving offence committed according to the applicable law while driving the rented vehicle.
12.2. The Lessee shall be responsible for paying any possible fines during the rental period. The Lessee must inform the Lessor about any fine imposed on the Vehicle or the driver during the rental period. The Lessor shall always charge the Lessee for having to notify them about any fines imposed and processing them. The payment of the fines is not included in any of the insurance coverage that can be taken out. If the authorities seize the Vehicle for an act or omission by the Lessee, whatever the cause, they shall be held responsible and they shall compensate the Lessor for all the expenses incurred and for the loss of profits caused by this.
THIRTEENTH. – TERRITORY ALLOWED.
13.1 If the Lessee receives express authorization from the Lessor, he may drive the vehicle, in addition to national territory, through the territory of the European Union, Andorra and Gibraltar, except for Bulgaria, Romania, Albania and the United Kingdom.
13.2 In the case of crossing borders, the car rental supplier reserves the right to charge the renter an international supplement (INT), to cover any additional expenses that may arise from driving the vehicle outside the national territory.
13.3. The Vehicle cannot be shipped or transported on any means of transport, without getting the specific authorisation in writing from the Lessor first. Whenever it is necessary, please get in touch with us by phoning +34 871055314 or by sending an email to suscripcion@okmobility.com.
13.4. Please be informed that some of our vehicles have geotags and if it is discovered that the vehicle has been taken outside the allowed territory, this shall be considered to be a breach of the Agreement, in which case the Lessor shall be entitled to charge the Lessee for any damage or loss caused, and terminate this agreement immediately due to the Lessee failing to comply with the terms and conditions established herein and it can also take the appropriate legal measures.
FOURTEENTH. – TERMINATION DUE TO NON-COMPLIANCE.
14.1. The Lessee agrees to comply with all and each of these clauses and they accept that the breach of any of these shall entitle the Lessor to terminate the rental without any request or notification being required beforehand from it, in which case the former shall be expected to comply with all and each of the obligations they assumed when signing this agreement.
FIFTEENTH. – TAXES
15.1. All the prices listed include the Value Added Tax in force. The Lessor is exempt from paying any other tax or fee that any state, autonomous community or local authority might establish while this Agreement is in force.
SIXTEENTH. – DATA PROTECTION AND PRIVACY POLICY.
16.1. Personal data processing. In accordance with the GDPR 2016/679, please be informed that the personal data obtained herein shall be stored on files owned by OK MOBILITY. The personal data that is obtained shall be processed to comply with the terms and conditions of the agreement and everything associated with it.
16.2. Third party data: When personal data about third parties is supplied, you must state that you have their consent for this and that you have informed them prior to this about the content of this privacy policy.
16.3. Marketing messages: I specifically accept that the data contained in the Agreement might be passed on to keep me informed, either by email, or another form of media, about commercial and operational information and to organise opinion polls about the products and services supplied by OK MOBILITY ESPAÑA, S.L., by the companies that are part of the OKGroup or entities from the same sector, those that it collaborates with, that are related to the sectors of leisure, insurance, finance and automobiles. There is more information about our privacy policy on our website that can be read as well.
16.4. Rights of the interested party: The interested parties can exercise their rights to access, rectify, restrict, remove or object to the processing of their data by writing to the aforesaid address or the email rgpd@okmobility.com and enclose a copy of their DNI or valid identification document with it.
SEVENTEENTH. – APPLICABLE LAW AND JURISDICTION.
17.1. This agreement is governed by the corresponding Spanish Law. The Parties agree to submit any dispute or matter that might arise, which is associated with this agreement, to the Transport Arbitration Boards, Courts and Tribunals of Mallorca, unless they are related to Consumer affairs, in which case they shall be governed by the jurisdiction established in the corresponding law.
17.2. The customer may also refer his complaint to the EU platform for online dispute resolution (ODR), in accordance with the Regulation on online dispute resolution in consumer matters (EU Regulation No. 524/2013).
EIGHTEENTH. – CUSTOMER SERVICE AND COMPLAINTS.
18.1. If you would like to make any suggestions about our services we are entirely at your disposal at the email address customerservice@okmobility.com and there are also official complaint forms available at our establishments, which our employees shall supply you with on request.
NINETEENTH. – MASTER AGREEMENT.
19.1. These conditions are part of the master agreement, which are applicable for all the rental agreements signed between the same Lessee and OK MOBILITY.
TWENTIETH. – TRANSLATION.
20.1. The Lessee is entitled to be given a copy of these general conditions in Spanish and they shall also be translated into other languages, and the Lessee shall be informed about what languages the general conditions are available in at any given time at our facilities. If there are any discrepancies over the content, the version that is written in Spanish shall prevail.
