Terms and conditions.

Terms and conditions of engagement.

You have contracted with Activacar, a company that installs recharging points owned by Activacar Mobility SL, with CIF: B02767036 and registered office at Calle Tabor 1, 29006, Malaga.

By contracting with Activacar you accept the following terms and conditions:

 

The predefined payment method is a first payment by bank transfer of the 50% of the previous gross amount and a second payment once the installation has been carried out and always before the installation certificate (or Engineering Project, as applicable) is sent to you.

Non-payment of any of the amounts does not give the right to claim to obtain the legalisation of the installation.

In the case of processing any type of subsidy, non-payment will result in the immediate halt of the procedures for obtaining the subsidy until the debt has been settled.

In the case of installations actually carried out and with amounts due in excess of 60 days, the company reserves the right to demand payment of the outstanding amount by legal means without prior notice.

In the event that the installation is cancelled or suspended on the day of the installation for reasons beyond Activacar's control, an extra 250 € + VAT will be charged for the travel and booking costs of the crew.

In the event that the installation is cancelled by the customer when work has started, the customer will be liable to pay 30% of the total quote.

If the cancellation is temporary, the parties will look for a new date to carry out the installation as long as this period does not exceed 60 days and the communication is not less than 72 hours, and the payment made will be retained.

At the time of sending the invoice and assigning the installation date, you will receive the information to be taken into account for your assigned day. In order for us to be able to carry out the work, it is essential that you:

- Facilitate the entry of our van into the garage.

- Have the keys to the meter panel and travel rooms ready.

- Think about where you want to install the charger, taking into account the car socket.

- If you will not be present, indicate the installation site with a cross on the wall.

- Inform the technician of the meter number.

- If the route crosses other squares, notify your neighbours to remove the vehicle.

- If you leave during installation, leave the necessary keys with the technician.

- Please note that a power cut may occur in your home.

- Notify the community about the installation.

- It is strongly recommended to be present when the installation is completed for proper explanation of the charger App.

During installation, unless explicitly requested by the technician, you are not allowed to be near the work area, in compliance with the current regulations on Occupational Risk Prevention and with the intention of minimising risks to your health and that of our technicians.

In compliance with Law 23/2003, of 10 July, on Guarantees in the Sale of Consumer Goods, the guarantee of the recharging points provided by Activacar will be 3 years, while the guarantee of the installation will be valid for 2 years from the date of purchase.

Any manipulation by third parties without the prior consent of Activacar will result in the termination of the warranty claim by the customer.

The warranty does not cover defects caused by improper use of the product and/or handling of the product other than what is necessary to establish its nature, characteristics or functioning. In such cases the consumer shall be responsible for its repair.

Our sales team will inform you of the available dates for your installation. However, these dates may change depending on the speed of confirmation, acceptance and payment of your installation.

It is not permitted to book a date less than 24 hours before acceptance and issuing of the invoice.

The time slot for the start of the installation will be indicative and managed by the Coordinator of the technical team in each area, and will be communicated at least 48 hours before the installation date. The starting time slot is not contractual and may be brought forward or delayed, always with prior notification to the client, depending on the rest of the installations of the day and the traffic.

Under no circumstances is the Activacar sales consultant authorised to grant or reserve installation hours.

Exceptionally, and due to force majeure, the planned start date may change. In such a case and in order to minimise the inconvenience, the company is obliged to inform the customer as far in advance as possible in order to carry out the installation in the best possible way.

When budgeting by video it is very important to bear in mind that the route analysed will be the one shown to us by the client, and may not be reliable on the day of installation.

In the event that there is a significant difference between the quoted and actual characteristics, the cost of the installation will need to be adjusted - always with prior notification to the customer for his agreement.

Video quotation is a tool to shorten lead times and simplify the installation process, with some flexibility for both parties involved.

1. General Conditions

Las presentes Condiciones Generales de Uso (indistintamente, el “Contrato”, las “Condiciones” o las “Condiciones Generales”) se aplican a la contratación electrónica, presencial y/o telefónica de los servicios ofrecidos (i) por la compañía ACTIVACAR MOBILITY, S.L. (en adelante, ACTIVACAR), sociedad mercantil de responsabilidad limitada, con domicilio social en C/Tabor 1, 29006 Málaga, teléfono de contacto + 34 606 50 30 25, dirección de correo electrónico direccion@activacar.com, provista del C.I.F. B02767036.

ACTIVACAR offers mobility services through the SW application developed and maintained by ECCOCAR (hereinafter, the PLATFORM). ECCOCAR offers its PLATFORM so that ACTIVACAR can offer mobility services to individuals or companies (hereinafter USERS). The services offered by ACTIVACAR in the PLATFORM can be detailed in the Particular Conditions of Use of the Operator.

2. Modification of the Conditions

ACTIVACAR will be able to modify the present Conditions at any time. In this case, the USER will have to accept them again to continue using the PLATFORM.

3. Acceptance of the Conditions by the USER

By registering on the platform, users accept all of the contractual clauses set out in these Conditions, in the operator's Specific Conditions, in the "Legal Notice" and in the "Privacy Policy", which the User acknowledges having read prior to said contracting.

4. User registration

USERS must comply with the General Terms and Conditions, not only before becoming a USER, but also during the entire period of use of the PLATFORM.

Without prejudice to the above, any USER will be able to notify ACTIVACAR at any time its intention to stop being a user of the PLATFORM. ACTIVACAR will proceed to process the cancellation under the conditions indicated in the Privacy Policy.

ACTIVACAR will be able to suspend temporarily or resolve in a definitive way the condition of USER in case it considers that the obligations of the present Conditions have not been fulfilled.

5. General conditions for rental services

The following general conditions apply to the rental of vehicles via the PLATFORM:

The reservation request through the PLATFORM grants ACTIVACAR sufficient authority to proceed to the collection of the rental price, and, if applicable, the amount of the deposit or other services, which will be charged to the debit or credit card provided by the USER.

Likewise, the USER expressly authorises ACTIVACAR to charge any cost derived from its responsibilities during the rental of a vehicle. The data provided to ACTIVACAR for these purposes are encrypted to guarantee their maximum security. In no case the data provided by the USERS through the payment gateway will be stored. ACTIVACAR does not store the card details provided by its USERS. ACTIVACAR will prepare and send through the PLATFORM the invoice to the USER corresponding to the rental service contracted through the Platform. ACTIVACAR recognises and accepts that it is the only responsible for determining any tax or fiscal obligation as a consequence of the income received for the rental of its vehicle.

6. Waiver of Activacar's Liability

ACTIVACAR makes every effort to maintain the PLATFORM, but does not assume any responsibility regarding any part of the PLATFORM that is not operative or available during a certain period of time. Likewise, ACTIVACAR does its best to keep its means of contact operative, but does not assume any responsibility if they are out of service during a certain period of time.

Likewise, ACTIVACAR is not responsible for:

6.1. The truthfulness and accuracy of the data provided by USERS.

6.2. Death or personal injury.

6.3. Any damage to or loss of any belongings left in any Vehicle.

6.4. Cost of traffic parking fines or penalties, or other additional costs.

6.5. Cancellation of any booking or removal of any vehicle or other content from the PLATFORM.

6.6. The non-compliance of local regulations by the USER, such as regulations associated with tourism or car rental. ACTIVACAR is not responsible for the result of the actions of the USERS in relation to the Contract, whether by negligence, non-compliance, misrepresentation or otherwise.

6.7. Loss or damage suffered by any USER in connection with claims made by a third party.

6.8. Loss of profits or savings, or business opportunity suffered by USERS.

6.9. Any indirect loss or damage suffered by any USER. In accordance with the previous clause, ACTIVACAR's responsibility is limited to the amount of the rental fee of each reservation made by said USERS. Each USER commits to indemnify ACTIVACAR for the losses, responsibilities, claims or demands that arise from any breach of these Conditions.

6.10. Any claim by a third party (or another USER) for any content published by USERS on the PLATFORM that violates the intellectual property rights of third parties or any of the data protection clauses of this contract.

6.11. Any theft, death or personal injury.

7. Indemnification

As long as it is not contrary to the Law, the USER exempts ACTIVACAR from responsibility for any claim related to the use of the vehicles. In addition, the USER will compensate any damage or harm that ACTIVACAR could suffer for fines and other concepts contemplated in the present Conditions or for any other that is a consequence of the acts or omissions of the USER or of the passengers of the vehicle.

8. Activacar Privacy Policy

In compliance with the article 10.2 of the Law 34/2002 of July 11th, of Information Society Services, ACTIVACAR has included the information required by the mentioned article and the one related to its privacy policy, in its PLATFORM, in the sections "Legal Notice" and "Privacy Policy". The USER, by means of the acceptance of the present Conditions, declares to know this information and to accept it.

9. Data protection

By accepting this Contract, the USER grants his/her express consent for the collection and treatment of his/her personal data in accordance with ACTIVACAR's Privacy Policy, available in the PLATFORM.

10. Partial validity of general conditions

In accordance with article 10 of Law 7/1998, of 13 April, on General Contracting Conditions, the possible nullity of any of the preceding general conditions, their legal ineffectiveness or practical inapplicability shall not affect the validity and full effectiveness of the rest of the general conditions.

11. Disputes and applicable law

These Terms and Conditions are governed by Spanish law. The parties agree to submit to the competent Spanish Courts and Tribunals in case of disagreement.

The order of priority, in case of discrepancy between the different documents, shall be as follows:

1. Privacy policy.

2. Legal notice.

3. Activacar General Conditions of Use.

1 March 2024 (version)