These Legal Terms and Conditions regulate the use of the website www.motion4rent.com and the conditions for purchasing products and contracting services offered through it. Accessing and browsing this website (hereinafter, Website) and contracting any of the reserved products and services implies acceptance as a user of each and every one of the terms, communications, conditions and other legal notices contained. in the present document.
GENERAL CONDITIONS OF USE
1 GENERAL INFORMATION OF THE COMPANY
This website is property of TimetoMobility, S.L., with address at Passeig Gallifa, 1 Sant Joan de Vilatorrada, 08250, (Barcelona), Spain, and registered in the Mercantile Registry of Barcelona, dated 06/02/2022, number of inscription 1, volume 48332, folio 69, section, sheet 580348, with CIF number B10698660 (hereinafter “M4R”). With authorization code for the online rental of reduced mobility products, such as wheelchairs, scooters, knee walkers and / or similar.
M4R operates through the Website, providing brokerage services in the following countries, including but not limited to: Argentina, Armenia, Andorra, Australia, Austria, Belgium, Burkina Faso, Cambodia, Canada, Chile, China, Colombia, Costa Rica , Croatia, Cyprus, Czech Republic, United Arab Emirates, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Kyrgyzstan, Laos, Lithuania, Malaysia, Malta, Mexico, Mongolia, Montenegro, Morocco, Namibia, Nepal, the Netherlands, New Caledonia, New Zealand, Nicaragua, Panama, Peru, Poland, Portugal, Romania, Russia, Senegal, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Thailand, Tunisia, Turkey, Ukraine, United Kingdom, United States, Uruguay and Vietnam (hereinafter, the “Territory”).
M4R makes the following contact form available to users, https://www.motion4rent./es/contacto (hereinafter, “Website”) and the customer service numbers +34 6000000, with customer service hours. public from Monday to Friday from 8:00 a.m. to 8:00 p.m. (UTC+1). In any case, access to www.motion4rent.com by any Internet User implies acceptance and compliance with these Conditions of Use (hereinafter, "CU") and any other particular condition of the product or service reserved for which , prior to accessing and/or using said content, the User must carefully read the CU. For the purchase of the products or services reserved on the website, through the Reservation search service and its formalization, M4R will previously provide the specific conditions of the same on the web, understood as "specific conditions / client email" the following data:
Reservation number, date and time of collection, date and time of return, number of days, model and range of the item, deposit, availability, physical address of collection and return of the equipment, telephone and email of the collaborator (Final Service Provider ), contracted extras, insurance in case of contracting and cancellation policy. As particular conditions that must be expressly accepted by the user and that will form an integral part of these Legal Conditions.
2 SERVICE DESCRIPTION
M4R is a web platform for the rental of technical aids and adapted and inclusive mobility equipment, by the company TimetoMobility S.L.
The website offers its users the possibility of enjoying the rental service of technical aids and adapted and inclusive mobility equipment from any of the associated collaborators (with an enunciative and non-limiting nature for a certain period of time and valid within a territory determined (hereinafter, the "Reservation").
M4R does not provide any of the reserved services, nor is it the owner of the technical aids or of the reserved equipment and items.
www.motion4rent.com is a website with free access and free visits for all Internet users, without the need to register until the start of a purchase or the request for a Reservation budget (hereinafter, "Visitors").
Users who want to reserve or contract any of the services offered by M4R, must provide their data prior to the reservation, at the following url https://www.motion4rent.com/ which is acquired by completing at least the mandatory fields marked and sending the form in the "Continue" section or any other form sent by M4R directly or through third parties (hereinafter, "Registered User").
Additionally, the Registered User agrees to receive WhatsApp messages with pertinent information about the reservation, ensuring efficient and direct communication.
4 ACCESS AND STAY ON THE WEB. OUR CONTENT
4.1 Website Content
Registered Users and Visitors ("User/s", in general) are fully responsible for their conduct when accessing the information on the website, while browsing it, as well as after having accessed it. The user agrees to diligently and faithfully observe the recommendations established by M4R regarding the use of the website.
The user undertakes not to use any of the content that M4R makes available to them, whether or not produced by M4R, published or not officially under its name, to carry out activities contrary to law, morality or public order. Those who access the website must observe the applicable legislation, the codes of ethics or conduct that may be subscribed to, and the general rules of use of the website. In accordance with these, they will refrain from carrying out conduct that, by way of example and not exhaustive:
They contravene, underestimate or attempt against the fundamental rights and public freedoms recognized constitutionally, in international treaties and in the rest of the legal system;
Induce, incite or promote criminal, denigratory, defamatory, infamous, violent actions or, in general, contrary to the law, morality and generally accepted good customs or public order;
Induce, incite or promote discriminatory actions, attitudes or ideas based on sex, race, religion, beliefs, age or condition;
Incorporate criminal, violent, pornographic, degrading messages or, in general, contrary to the law, morality and generally accepted good customs or public order;
Induce or may induce an unacceptable state of anxiety or fear;
Induce or incite to engage in dangerous, risky or harmful practices for health and mental balance;
Are false, ambiguous, inaccurate, exaggerated or extemporaneous, in such a way that they may mislead about their object or about the intentions or purposes of the caller;
They are protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from their owners the necessary authorization to carry out the use made or intended to be made;
Violate the business secrets of third parties;
Are contrary to the right to honor, personal and family privacy or the image of people;
Violate the regulations on secrecy of communications;
Constitute illicit, misleading or unfair advertising and, in general, that constitute unfair competition;
Cause, due to their characteristics (such as format, extension, etc.) difficulties in the normal operation of the service or fail to comply with the technical requirements or specifications established for access to the Website;
Or that in any way may damage, disable or deteriorate the website or its services or prevent normal enjoyment by others.
The User will be liable for the damages that M4R may suffer as a result of the breach of any of the obligations determined herein.
M4R reserves the right to update the contents when it deems it appropriate, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as deny access to the website to Users who misuse the contents and/or fail to comply with any of the conditions that appear in these CU, without this generating in any case any right of compensation or compensation for the User who is denied access.
4.2 Responsibility of the Users regarding the content generated on the Website
Users are solely responsible for the content that they themselves post on the website, especially when it is false, malicious or defamatory, if it infringes intellectual or industrial property rights, or if it contains illicit material and infringes or favors the infringement of any law or regulation. Likewise, Users acknowledge that they have the necessary rights or authorizations regarding the content they post on the website and, additionally, authorize M4R to make use of said content. In no case does M4R sponsor in any way or support the content posted by any user. Users must respect and comply in all cases with these conditions of Use of the Website and undertake not to use the contents of M4R, refraining from carrying out conduct expressly prohibited in the terms set forth in this section.
4.3 Use by M4R of the content generated by the Users on the Website
The Users authorize M4R to use the content that they themselves pour into the Website; that is that Users grant M4R, without any exclusion, all rights, royalty-free of the content generated by them on the M4R Website, being able to license and sublicense, transfer and assign, as well as empowering M4R to show it publicly, reformat it, incorporate it into advertisements and other works, create derivative works from it, promote it, distribute it, and allow others to do the same in connection with their own websites and other media platforms. The User, through these CU, irrevocably waives any claim or claim against M4R of moral rights or attribution with respect to the aforementioned content.
4.4 Ownership of the content generated on the Website
Users are the only owners of the content posted by them on the Website. For its part, M4R is the owner of the website's own content, which includes, but is not limited to: visual interfaces, interactive functions, graphics, design, compilation, programming code, products, software, set of User comment ratings and other elements and components of the Site, excluding User's own content and content generated by third parties.
M4R holds the ownership of the copyright, trademarks, service marks, trade names and other intellectual and industrial property rights associated with the content of the website owned by M4R, which are protected by the laws of copyright, image commercial, patent, trademark and the rest of the rights and laws of intellectual and industrial property. The User may not modify, reproduce, distribute, create derivative works of the M4R content or adaptations, display it publicly or in any way exploit it in part or in its entirety, unless expressly authorized by M4R. M4R does not grant the User any express or implicit right over the content of the Website.
4.5 Website Content Guidelines
M4R allows Users to contribute different types of content, including comments, ratings, recommendations and/or advice. We ask Users to read and respect the rules of use of the website that are detailed below, in order to try to guarantee the peaceful use and enjoyment of all users of this website:
Inappropriate content: From M4R we consider that threats, harassment, lewd expressions, hate messages are not necessary or appropriate for the environment we want to promote.
Impartiality: User contributions must be impartial and objective. For example, Users who, in turn, promote their services through the web, should not write reviews about their own business, about the company where they work, about the business of friends or relatives, about the competition in their sector or about the businesses that are part of your network. Business owners should not ask customers to write reviews.
Purpose: The purpose of M4R through the possibility of commenting on advertising services and products is that these contributions are relevant and appropriate for the forum in question. We want to avoid comments or reviews about political ideologies, or matters that are not related to the service experience.
Intellectual property: We ask Users not to appropriate the content of other sites or Users. Reproductions or copies of material published by another user are not allowed.
Privacy: We ask Users not to publish private information and personal data of other
4.6 Notifications or Removal of Content.
M4R provides its Users with a procedure for notification and removal of content. In the event that the User has any complaint or objection about the content of the web, including messages or comments from other Users or in the event that the User considers that the material published on the web violates any industrial or intellectual property right of its ownership, M4R puts at your disposal the following url: https://www.motion4rent.com/es/contacto. Once the complaint or objection has been notified, M4R will carry out the pertinent procedures and investigations so that, where appropriate, the contents are removed within a reasonable period of time.
From M4R we encourage our Users to let us know if they believe that another User has violated these conditions. In any case, M4R reserves the right to unilaterally investigate and take the actions it deems appropriate. On the other hand, the Users of the website accept, by accessing it, the following restrictions on the use of the website: Not to use, or help, encourage or facilitate the use of the website to:
Violating our basic content standards, for example, by writing false or defamatory comments, compensating or seeking compensation for writing or deleting a comment, as well as requesting information from minors, submitting pornography, threatening, harassing others, or promoting racism or discrimination.
Infringe any third party right such as copyright, trademark, patent, trade secret, right of privacy or any other intellectual property right. This will also include any action that involves modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works of the website or its content or adaptations of it, as well as publicly displaying, selling, marketing or exploiting the website or its content in any way. content (except for the content of each User and except as expressly authorized by M4R).
In the same sense, eliminate or modify any notice of copyright, registered trademark or other property rights that appear in any fragment of the web or any printed material of the same.
Access, retrieve or index any fragment of the web in order to build or establish databases of comments.
Attempt to gain unauthorized access to the website, User accounts, computer systems or networks connected to the website through hacking, password extraction or any other.
Use the website or any content on it to transmit any virus, worm, defect, Trojan horse or other computer element of a destructive nature (collectively, "Viruses").
Use the web to violate the security of any computer network, crack passwords or security encryption codes; destabilize or interfere with the security of the web. Eliminate, evade, disable, damage or interfere with security functions of the web, functions that prevent or restrict the use or copying of the content of the web or functions that impose limitations on the use of the web.
Spam emails, surveys, or other mass messaging, whether commercial in nature or not.
Record, process or extract information about others.
Violate any Law.
The foregoing restrictions apply only to the extent permitted by applicable law. However, the User undertakes not to act against him, even if permitted by current law, committing to notify 30 days in advance, providing any necessary information so that we can offer alternatives or satisfy the User in any other way, at our discretion.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
"M4R" is a registered trademark, so any use by third parties of it, or of any similar identifying sign that may lead to confusion about its origin or ownership, without prior written authorization from M4R, is expressly prohibited, the Web is a domain registered by M4R; this domain may not be used, unless expressly authorized in advance, in connection with other services that are not M4R in any way that may cause confusion among our customers or discredit M4R.
M4R holds all rights to the content, design and source code of this web page and, especially, including but not limited to, photographs, images, texts, logos, designs, trademarks, trade names, buttons, files of software, color combinations and data that are included in the web. Users are warned that such rights are protected by current Spanish and international legislation relating to intellectual and industrial property. In no case does access to the Website imply any type of waiver, transmission or total or partial transfer of the rights granted by Spanish and international legislation on intellectual and industrial property.
Likewise, and without prejudice to the foregoing, the content of this website is also considered a computer program, and therefore, all current Spanish and European Community regulations on the matter are also applicable. Reproduction (except temporary downloading from the Website to the User's computer hard drive or proxy servers), copying, use, distribution, reuse, exploitation, making second copies, sending by mail, the transmission, modification, transfer or any other act that is done with all or part of the information contained in this website that has not been expressly authorized by M4R.
The User undertakes to use the contents diligently, correctly and lawfully and, in particular, undertakes to refrain from deleting, evading or manipulating the "copyright" and other data identifying the rights of M4R or its owners incorporated into the content, as well as the technical protection devices or any information mechanisms that may be included in the content. Likewise, the User will refrain from using the contents and, in particular, the information of any kind obtained through the Website to send advertising, communications for commercial purposes, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to refrain from marketing or disclosing said information in any way.
M4R informs that it does not grant any implicit license or authorization on intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included on the website.
6. PERSONAL DATA PROTECTION
In accordance with the provisions of current legislation on the protection of personal data (Regulation (EU) 2016/679 of April 27, 2016 (RGPD), Organic Law 15/1999 of December 13, on the Protection of Character Data Personal, and Royal Decree 1720/2007, development of the LOPD), we inform you that the data contained in this communication is included in a data processing file owned by TIMETOMOBILITY S.L. Said data will be used exclusively for sending communications that may be of interest to you. Your data will not be transferred to third parties, except by legal obligation, and will be kept as long as you do not request its cancellation or opposition. This commercial communication is sent under the protection of Law 34/2002, on Services of the Information Society and Electronic Commerce. If you wish to stop receiving commercial communications, revoke your consent or exercise your rights of access, rectification, portability, opposition, limitation or cancellation, you can request, at any time, by sending an email to the address email@example.com indicating in the subject "Unsubscribe commercial communications", or by communicating in writing, always indicating your personal data to Passeig Gallifa, 1 Sant Joan de Vilatorrada, 08250, (Barcelona), Spain,. If you consider that the processing of personal data does not comply with current regulations, you can file a claim with the Control Authority (www.agpd.es).
7. LIABILITY OF M4R
7.1 Liability for content
The descriptions of the products or services reserved on the Website are made based on the information provided by the Collaborators or Users of M4R and most of the photographs and images that appear in the descriptions of the Reservation are provided to M4R directly by said Collaborators or by the Users.
The photographs or videos related to the products and services and the trade names, trademarks or distinctive signs of any kind contained on the M4R website are about the real products or services Reserved and put up for sale in order to give the most information about the product or service and its characteristics.
M4R rejects any responsibility for the information not prepared directly by M4R or not published in an authorized manner by it under its name, as well as the responsibility that derives from the misuse of the contents, as well as reserves the right to update, eliminate, limit or prevent access to them, temporarily or permanently.
Part of the web may contain advertising content or be sponsored. Advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion in www.motion4rent.com complies with the laws that may be applicable in each case. M4R will not be responsible for any errors, inaccuracies or irregularities that may be contained in the advertising or sponsor content.
For Reserve availability issues, M4R reserves the right to modify its prices at any time. The Products will be charged to the Customer at the price announced at the time of booking confirmation. Prices will be valid except typographical error or until run out of stock
M4R reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these CU. For this reason, M4R recommends that the Registered User and Subscriber User read them carefully each time they access the Website. Registered Users and Subscriber Users will always have the CU in a visible place, freely accessible for as many queries as they wish to make. In the event that any clause of these CU is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these CU. M4R may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them unless expressly recognized by M4R or prescription of the action that corresponds in each case.
9. APPLICABLE LAW AND JURISDICTION
These CU are governed by Spanish law. These Conditions of Use are subject to the provisions of Law 7/1998, on General Conditions of Contract, Royal Legislative Decree 1/2007, of Consumers and Users, Royal Decree 1906/1999, which regulates the Contract Telephone or Electronic, to Organic Law 15/1999, on the Protection of Personal Data, to Law 7/1996, on the Regulation of Retail Trade, and to Law 34/2002, on Services of the Information Society and Electronic Commerce. In accordance with article 29 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, contracts concluded electronically in which a consumer is involved as a party, will be presumed to be concluded in the place where he has his habitual residence. Electronic contracts between businessmen or professionals, in the absence of an agreement between the parties, will be presumed to be held in the place where the service provider is established. In case of controversy arising from these general conditions and for the resolution of conflicts, the parties submit, at their free choice, and waiving any other jurisdiction, to the courts and tribunals of the User's domicile. Finally, we inform you that the European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/. Consumers will be able to submit their claims through the online dispute resolution platform.
2. GENERAL CONDITIONS OF SERVICE CONTRACTING.
1. RESERVATION INFORMATION
Each reservation will include the parameters, details and specific conditions of the reserved services and/or products and the use of the "Confirmation Email”. Specifically, it will contain the specific and necessary information for the enjoyment of the Reservation, the validity periods, the location or place of enjoyment, and in an exclusively informative manner, the requirements, restrictions, limitations or technical warnings that will be considered as particular conditions and that must be expressly accepted at the time of purchase by Registered Users.
The descriptions of the products or services reserved on the Website are made based on the information provided by the M4R providers (hereinafter referred to as "Partner/Partners"). M4R rejects any responsibility for the information not prepared directly by M4R or not published in an authorized manner by it under its name, as well as the responsibility that derives from the misuse of the contents, as well as reserves the right to update them, eliminate them , limit or prevent access to them, temporarily or permanently.
Each purchase made by the Registered User requires the acceptance of the General Conditions of Contract (hereinafter, "CGC") and expressly implies knowledge and acceptance of the particular conditions and details of the services and/or products of the reserve.
In all Reservations, the price of the products and/or services is indicated. The prices presented on the Website include VAT and other taxes that may apply.
3. AVAILABILITY AND DURATION OF THE RESERVATION
M4R is a web platform of adapted and inclusive mobility and technical aid brokerage services. All updated information on the availability and duration of the reservation will be available to Registered Users of the website during the validity of the reservation, in the "My Reservation" section. In the particular conditions of the Reservation, the Registered Users will be indicated, among others, from which moment they can use the service, as well as the validity period of the same.
4. PAYMENT AND SECURITY
The amount of the transaction will be charged to the credit or debit card provided by the Registered User (Visa, Mastercard, American Express, Visa Electron and/or other similar cards) or to their PayPal account, at the time the purchase is made. . At the time of placing the order and/or acceptance of the Reservation, the Registered User will provide the credit or debit card information, the expiration date, the CVV2/CVC2 (the three (3) security digits that appear in the back of the card), as well as the name of the cardholder. In the payment through the PayPal service or account, the Registered User will be redirected to the official PayPal website to enter the payment method and the necessary data for its effectiveness. Similarly, when paying by credit card, the Registered User will be redirected to a secure environment Stripe (service platform specialized in electronic commerce and authorized by our Company). M4R does not store the information related to the bank details of the Registered User. In any case, for each purchase, the Registered User must provide the requested information that will be processed through "secure online payment gateways" through Stripe.
M4R has the highest security measures commercially available in the industry. In addition, the payment process works on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the computer of the Registered User and that of the Website. In this way, when using the SSL protocol, it is guaranteed:
That the Registered User is communicating their data to the M4R server center and not to any other that tries to impersonate it; Y
Between the Registered User and the M4R server center, the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
The banking entities with which M4R has signed agreements to provide the payment service through what is known as a "secure online payment gateway" are the only ones that can have access to this data by way of managing payments and When a payment is made, the Registered User is directed to the secure interface (https) of the bank, where their card data is entered and the operation is validated, in a way that is inaccessible to third parties.
M4R may cancel payments and/or orders, in the event that our detection systems for presumably fraudulent conduct classify the transactions carried out and/or the means of payment used as likely to be considered as such. M4R may share the information it has about the User, which necessarily includes personal data and purchase history, among other data, with the competent authorities, in order to stop any activity that could be criminal and collaborate in investigations related to the prevention of fraud. Likewise, in the event that it is necessary, M4R may verify by any means it deems appropriate those User accounts that are the subject of suspicion.
5. PRODUCTS AND SERVICES
As a reminder, no action by M4R should be considered as acceptance of other terms or conditions than those set forth herein. The verbal acceptance of the services or the signing of any of the agreements will be considered as conclusive proof that you, as a User, accept the terms of the General Conditions of M4R. When our collaborators provide you with an article, as a User, M4R is acting at all times as an intermediary platform and not as a service provider. At no time is the Collaborator providing the service linked or subordinate to M4R.
Although M4R constantly strives to keep the information on its website up to date, it is not responsible for the accuracy of such information. The Collaborators, suppliers or agents that intervene in the provision of the service will not be responsible either. It is at all times, the User's responsibility to evaluate the accuracy, completeness and usefulness of all information provided to our website.
M4R will not be responsible for any charges derived from the signing of agreements at the rental office. M4R will also not be held responsible for any person who, but is not limited to, is under the influence of alcohol or drugs or causes willful damage, drives on unpaved roads or without the required care and attention. The User will accept all responsibility in relation to these allegations.
The collection of the equipment will be considered made from the moment in which the Registered User appears at the Collaborator's facilities on the day and at the time agreed in the confirmation email, and the delivery by the latter is made effective. Collection by the User must be carried out punctually according to the dates and times established in the confirmation email. Up to 2 hours of margin will be given, to pick up the equipment. After this time, the Collaborator and M4R reserve the right to cancel the reservation, without refund to the Registered User. The Registered User is recommended to verify the good condition of the equipment with the Collaborator/service provider. In the event of detecting any incident at the time of the effective delivery of the equipment (for example, by way of example and not exhaustive: poor condition of the equipment, absence of any of the contracted accessories, among others) we ask the Registered User to notify the problem the Collaborator, and if their requests are not met, we recommend that they immediately contact M4R to communicate the incident to the M4R Customer Service Department by calling the telephone number +34 60000000 or by sending an email to firstname.lastname@example.org.
Currency exchange. The collection of the reservation will be made with the reference currency at the exchange value of the day of the place where the service is provided. In case of currency exchange, the exchange rate of the day of the reservation shown on the confirmation email will be used.
The provision of the purchased service will be carried out solely and exclusively by the Collaborator, according to the particular conditions established in the Reservation, establishing the legal relationship for the provision of the service between the buyer / Registered User and the Collaborator. M4R, in its capacity as intermediary, will not be responsible for the service provided. In the confirmation email the customer will find the details of the Collaborator so the customer can contact them directly.
When the User reserves a mobility device or technical assistance through this website, he expresses that he has read, understood and accepted the corresponding terms. If there is any section that you do not clearly understand, or you have any questions about renting the equipment, you can contact us through the M4R Customer Service Department, by calling the telephone number +34 6000000 or by sending an email to M4R email@example.com.
M4R reminds you that you, as a Registered User, will be ultimately responsible for consulting the particular regulations of each country and for acting in accordance with them.
5.2 Service provision policy
Each Collaborator or rental company with which M4R works has its own service policy, which we recommend consulting prior to the Reservation and which should be required at the time of picking up the equipment or technical assistance. However, as a reminder and suggestion, M4R indicates the following information that you must take into account when contracting and reserving M4R rental services:
5.2.1 Equipment with limited availability or under confirmation:
M4R always works to offer the chosen equipment and model on the platform for the selected location, and during the indicated period of time. However, it may happen that, for certain models, it is not possible to ensure their availability at the time of booking. In these cases, the Registered User will receive an email confirming the availability of the selected equipment within a maximum period of 72 business hours from the moment the reservation was made.
In the case of not having the brand and model selected at the time of making the reservation, M4R will try to propose an alternative equipment of a similar or higher category, for its subsequent evaluation and acceptance. In the event that the Registered User does not accept the alternative equipment proposed by M4R, the Reservation will be canceled and M4R cannot claim anything from the Registered User.
It is important to bear in mind that the reservation is not valid until it is confirmed by means of the confirmation email, and it may take up to 72 business hours from the moment of making the reservation to obtain it.
5.2.2 Possible equipment changes before reception
If the User, once in person at the offices of the Collaborator or Service Provider, is not satisfied with the quality, brand or model of the delivered equipment, he must inform M4R of this before withdrawing it.
Even when the Reservation is confirmed, it may happen that, due to force majeure, such as mechanical breakdowns, theft or other unforeseeable circumstances, the Collaborators cannot attend to the choice of category, brand and/or model chosen, as well as any other contracted service.
M4R will try to ensure the delivery of the equipment that the User has contracted, and if this is not possible, it will ensure that the Service Provider delivers another of similar characteristics, if this is not possible, and the delivery is of a lower category model, Efforts will be made to pay the difference in favor of the User.
5.2.3 Suggested requirements for the effective delivery of the equipment.
By way of example and not limitation, M4R sets out the requirements to which the User could be affected for the effective delivery of the equipment to the Service Partner:
Presentation of a credit card with a sufficient balance to make last-minute supplementary service charges or payable at destination, as well as deposits or franchises.
In case of not having all the documents and/or minimum requirements at the time of presentation to the Collaborator, the latter may cancel the Reservation without the right to a refund of the amount of the services.
The User will be responsible for paying all administrative fines or sanctions that are attributed to their use of the adapted mobility equipment during their rental period.
5.2.4 Equipment use conditions:
M4R reminds Users that the following behaviors are strictly prohibited:
Driving under the influence of alcohol, drugs or other substances that affect concentration.
Reckless or negligent driving in accordance with the road safety education regulations of each country.
Pawn or sell the equipment in its entirety or in parts, equipment, accessories and documentation, in any way that violates the Collaborator's property rights or any other right that the Collaborator has over the rented vehicle.
Aesthetic or mechanical modification of the equipment is not allowed without the permission of the collaborator.
5.2.5 Prices and Services.
Included in the rental prices of technical aids and adapted mobility equipment, within the days assigned in blocks of 24 hours or calendar days (depending on the Collaborator), state taxes, third-party civil liability insurance (except mention express), the delivery of the equipment at the Collaborator's counter, as well as the instructions for use.
Not included, optionally contracted online:
Not included in the price are all the extra equipment that M4R offers to Users for contracting through its intermediation web platform. By way of example and not limitation, extra equipment is understood as: extra services available, personal accident coverage insurance, cancellation or bail reduction insurance, among others.
Not included and payable on arrival:
The following expenses are not included in the Reservation price of technical aids or mobility equipment, and must be paid directly to the destination Partner. Among them, by way of example and not exhaustive: expenses for consumption and electrical charge, repair expenses, expenses for delivery of the vehicle outside of working hours or days and fines or penalties, etc.
If you want any other service, such as airport pick-up or delivery to other locations, please do not forget to mark it as extra when making the online reservation and for security, write it down in the comments section of the Website. The charges for these services will be added as an extra (not all providers give this option). This service is not always available and the price may vary between partners.
The rental does not cover the cost of repairs and damage or other damage attributable to driving by the Registered User, who must bear the costs of the repair to the Collaborator. M4R will not be responsible for personal or material damage. Any claim for damages or possible withholding of funds for its repair, must be agreed directly with the Service Partner.
5.2.6 Deposit and cautions
In most rentals, you must pay a deposit by credit card, or pre-authorization in the same, this deposit will vary depending on the equipment and country chosen, this amount and method of deposit is defined in your confirmation email
This amount will be returned by payment or cancellation of the pre-authorization on the same credit card.
M4R will not be responsible for damage to the equipment, reimbursement of the surety bonds between the User and the Collaborator. Please check the condition of the equipment at the time of delivery and once you complete the return procedures, check that the deposit has been returned.
6. General conditions for contracting optional insurance:
When formalizing a reservation or the purchase of insurance through M4R, you enter into a direct and exclusive contractual relationship with the insurance companies. From the moment you formalize your purchase, we act as intermediaries between the Registered User and the service providers, transmitting the data in your name and sending you a confirmation email with the particular conditions of the policies provided by the companies.
Therefore, if you use the coverage, you must contact the insurance company directly through the nearest customer service telephone number and provide the necessary documentation to process the assistance and collect the coverage.
At the time of the Reservation, M4R offers you a cancellation and refund insurance of 100% of the contracted amount, this insurance only acts in specific and justified conditions, such as illness, attendance at trials, etc., consult the specific conditions for your hiring, payable at the time of the equipment reservation and 100% non-refundable.
Incidents / accidents / mechanical difficulties
M4R has no direct supervision over the condition or age of the equipment at the time of delivery, please check the general condition at the time of signing the rental contract and note any defect in it. M4R does not assume any responsibility in relation to the state of conservation of the equipment of the Collaborators with whom it works.
During the rental and in case of mechanical problems, you must contact the collaborator. You will have contact telephone numbers for this use. Under no circumstances should you attempt to repair the fault yourself.
Extension and reduction of rental periods
If you wish to extend the rental period after the date of contracting, you must notify the local Partner two days in advance. M4R cannot guarantee rates beyond the contract period.
On the other hand, if you want to advance the return, M4R will not refund the rental days paid and not used. Check with the local Partner.
Modification or cancellation of your Reservation
Before formalizing your reservation, consult the particular cancellation conditions of each Collaborator.
Please note that weather conditions are variable. M4R reminds you that in case of cancellation due to weather conditions or other causes beyond the control of the organization, no refunds will be made. Please contact the Collaborator in the event of encountering any setback.
To modify or cancel your Reservations, please contact one of the agents in our reservation center, or contact us through the form or via email. The modification or cancellation of the complementary services to the Reservation, may be susceptible of cancellation expenses, the specification of which will be included in the confirmation email.
Complaints and claims against the Collaborator or M4R
In the event that the User is not satisfied with their rental or with the M4R brokerage service, they may contact our Customer Service Department, writing at firstname.lastname@example.org, as soon as possible. M4R will act as an intermediary between you and the Collaborator. In no case, M4R will be responsible for the costs or compensation of the claims.
The prices may only be increased by M4R up to 20 calendar days prior to the rental. In addition, this increase may only be carried out to adjust the amount of the rental price to the following variations:
Of the applicable currency exchange rates.
The level of taxes or fees on the services included in the contract.
The contract will indicate the date on which the concepts set out in the previous section have been calculated so that the client is aware of the reference for calculating price revisions.
Only in the event that the price increase represents an increase of more than 8% of the rental price, the client may terminate the contract without penalty.
M4R will not be responsible for rentals that are rejected due to lack of documentation and/or requirements necessary for driving.
M4FR will not accept any responsibility for the charges that may derive from the signing of the agreements carried out with the collaborator.
7 PRIOR RESERVATION DOCUMENTATION “CONFIRMATION EMAIL”.
Once the Registered User has confirmed his data through the M4R website, he will receive a confirmation / presentation email that will be equivalent to the confirmation in which he will be indicated in detail, the information of his Reservation and the address of the Service Collaborator to whom you must go so that you can pick up the rented equipment.
Once the purchase has been made, a printable email will be issued and charged as proof or purchase receipt, which is essential to validate the reservation of the rented equipment.
As the email is the proof of purchase and contains the particular conditions of the Reservation, it constitutes, together with these GTC, the contract with the registered user and the Collaborator
The confirmation email will contain the following content: […]
The reservation number, the date and time of collection, the date and time of return, the number of days, the deposit, availability, the physical address of collection and return of the equipment, the telephone and email of the collaborator, the contracted extras, insurance in case of contracting and the cancellation policy.
The address that appears in the Reservation email, and that M4R supplies through its intermediation platform to the email address indicated by the Registered User at the time of making the reservation. This data will be provided to the Collaborator, and the Collaborator may, in turn, provide them to third parties in charge of delivering the equipment. The delivery time of the equipment and the geographical scope of its distribution will be specified in the emails of each Reservation. The delivery period will begin to compute from the day of collection of the equipment that the Registered User has indicated at the time of making the Reservation, and at the time that appears reflected in the confirmation email. M4R will not be responsible for errors caused in the delivery of the equipment when the delivery address indicated on the email does not coincide with that of the Collaborator for reasons not attributable to it.
The confirmation email is unique for each purchase made and is identified with a number and name of the user, which will serve to identify its validity , as well as to confirm Reservations for the enjoyment of the service, in those cases in which it is indicated as mandatory.
The confirmation email can be printed and will also be available by accessing the Website within the corresponding section of "My Reservation", which will send a copy of this email confirmation to the User's email with that information, so it is accessible to the User at all times and is archived. in that section. Regarding the CGC, the Users will always have the CGC in a visible place, freely accessible for as many queries as they wish to make. In any case, the acceptance of the CGC will be a previous and essential step to the acquisition of any product or service available through the Website.
The confirmation email and these CGC, as well as the rest of the content published on the Website, are written and available by way of example and not limitation, at least in the following languages: English, Spanish.
If after making the purchase, the Registered User notices the existence of some type of formal error in the introduction of their data during the contracting procedure, they must contact the M4R customer service through https ://www.motion4rent.com/es/help or by phone at +34 6000000
Practices and activities that use the confirmation emails issued by M4R for commercial and/or lucrative purposes are expressly prohibited.
It is prohibited for any person to use any device or computer program to interact directly or indirectly with our website, in order to collect any type of content or information, including prices. Interfering or attempting to interfere with the normal working of the website is also prohibited, and any activity that overloads the system will be terminated.
9. Data Protection
The use of your personal information by M4R and its service providers and the sending by M4R of promotional emails related to your reservations and budgets.
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11. Applicable Law and Jurisdiction.
These General Terms and Conditions are subject to Spanish law.
In the event of any doubt or divergence that may arise in relation to the interpretation or execution of these General Terms and Conditions, the parties, waiving the jurisdiction that may correspond to them, will submit to the Courts and Tribunals of the city of Manresa, Catalonia, Spain.
12. Disclaimer of Liability of M4R
In accordance with these General Terms and Conditions, M4R will only be liable for direct damages that the Registered User suffers due to defects attributable to an obligation in reference to its intermediation services up to the total amount of the cost of the reservation. M4R is not responsible and disclaims any liability arising from the use/quality of the service offered by the Partner. By contracting the reservation, the Registered User accepts that the Collaborator is solely responsible and liable for the provision of the rental of adapted mobility equipment.
All this, without the mediation by M4R between the Collaborator and the Registered User, being an element that binds the parties.
If any provision or clause of these General Terms and Conditions becomes invalid or non-binding, the Registered User is bound by the rest of the provisions. If this happens, the provision or clause not applied must be complied with up to the maximum limit permissible by applicable law.
13. Customer Feedback
The evaluations of our clients will be displayed on our website with the sole purpose of informing other Users of their real opinion about the service and quality of the rental company that provided them with the adapted mobility equipment, and M4R will make full or partial use of them. on our website, in social networks, newsletters, special promotions, mobile applications or other that M4R has, manages, uses or controls. We reserve the right to adapt, reject or remove any comments at our discretion.
The comments received express the personal opinion of the M4R clients who have completed the survey once their rental has finished. These opinions do not necessarily represent the opinions of M4R.
All rights reserved. TimetoMobility S.L.
Passeig Gallifa, 1 Sant Joan de Vilatorrada, 08250 (Barcelona), Spain
Registered in the Mercantile Registry of Barcelona, in volume 48332, folio 69, sheet no. 580348, registration 1, with CIF number B10698660