terms and conditions
These Terms and Conditions (hereinafter, the “Terms”) regulate the use of the services offered through the “canarias.celering.com” website and the “Celering” mobile application (hereinafter, the “Website”, the “Application” or jointly the “Platform”) that CELERING CARSHARING, S.L. (hereinafter, “Celering”) made available to internet users (hereinafter, the “User” or “Users”).
The current version of these Terms and Conditions is available to everyone who visits the website or downloads or uses the Application. Additionally, these Terms must be read and accepted during the download and installation processes, the first time the Application is opened and the first time the Website is visited.
- About Celering.
According to Spanish Act 34/2002, of 11 June, on information society services and electronic commerce, Spanish Act 7/1998, of 13 April, on general conditions of contracts, and Spanish Royal Legislative Decree 1/2007, of 16 November, which approved the revised text of the General law for the protection of consumers and users, we hereby provide the following information about Celering:
- Name: CELERING CARSHARING, S.L.
- Address: Paseo de la Castellana no. 43, 28046 MADRID
- Spanish tax ID no.: B-88.056.866
- Registration in the Commercial Registry of Madrid: Volume: 37,394, Page: 145, Section: 8, Sheet: M-666682, Entry: 1.
You may contact us using the form available on our Platform or sending an email to this address: firstname.lastname@example.org
- General conditions.
2.1. Celering’s services
Through the Platform, Users may access the vehicle rental service without a driver (hereinafter, the “Services”) offered by Celering, the particular terms of which may be found in the Services Conditions (both for companies and for private users), which you may access after registering on the Platform in your personal area.
2.2. Acceptance of the Terms and Conditions.
Access to and use of the Platform implies acceptance of these Terms.
2.3. Changes to the Terms and Conditions.
The Terms and Conditions may be amended at any time. Any change or modification shall be notified to the Users when accessing the Platform for the first time following the change to the Terms and Conditions. The new Terms and Conditions shall be applicable from the moment they are communicated.
- Conditions to access the Platform.
To use the Services offered on the Platform, the User should register by:
- Entering his/her full name in the boxes specified for this purpose;
- Entering his/her email address;
- Creating a username and a password and indicating his/her gender and date of birth;
- Associating a valid method payment to that User and password;
- Accepting these Terms and Conditions and the particular terms of the vehicle rental service without a driver.
The User is expressly responsible for the accuracy of the data provided during the registration process and for communicating any change to the data registered as soon as possible.
In the case of loss or theft of the password, unauthorised use of the Application or the Website in the name of the User or security violation, the User is required to report the incident through the means established on the Website and the Application as soon as he/she becomes aware of it.
The User shall not provide his/her username and password to third parties and is responsible for the confidentiality of the passcodes he/she sets.
Celering waives all responsibility for damage that may be caused to the User or any third party as a result of the loss or theft of the username and/or password and/or as a consequence of their use by a third party.
Furthermore, Celering assumes no obligation and has no technical means to verify the identity of those who have registered on the Application. Accordingly, it shall not be held liable in case of a User’s identity theft.
These Terms and Conditions shall be of an indefinite duration as long as the User maintains this status.
- Service pricing.
The price of the Services provided by Celering to be paid by the User is established in the Pricing Policy, available here.
- User’s duty to make good use of the Application and the Website.
The User shall refrain from any action or omission that infringes applicable legislation, morality and public order or third-party rights. In particular, he/she shall refrain from:
- Accessing or using the Services and content of the Platform for illicit purposes that may harm the rights and freedoms of third parties or damage or prevent in any way access to them to the detriment of Celering or third parties.
- Totally or partially using the Services to promote, sell, contract or spread advertising or own or third party information.
- Carrying out any action that promotes or incites the commission of criminal, xenophobic, terrorist or degrading acts on the grounds of age, sex, religion or beliefs; or any action of a pornographic, rude or violent nature that goes against law, morality or decency.
- Using the services and contents offered through the Platform in breach of these Terms and Conditions or any other applicable regulations.
- Carrying out any action that prevents or hinders access to the Platform and its content by other Users, including the hyperlinks to the Services and content offered by third parties through the Platform.
- Using any kind of computer virus, code, software, computer program or computer or telecommunications equipment that may cause damage or unauthorised changes to the content, programs or systems accessible through the Services and content provided on the Platform or in the computer and files of its Users; or the unauthorised access to any of the Platform’s content and/or Services.
- Removing or modifying in any way the protective or identification devices of Celering or their legitimate owners that the content embedded on the Platform may have, or the signs that Celering or the legitimate third party holders incorporate into their creations that are subject to intellectual or industrial property rights existing on the Platform.
- Reproducing, in whole or in part, the Application or the Website on another site or webpage, irrespective of whether this involves unfair competition or an attempt to confuse.
- Using trademarks, trade names or any other distinctive sign that is subject to intellectual or industrial property rights without the prior express authorisation in writing of their owner or licensee.
- Carrying out any action that involves the reproduction, distribution, copy, rental, public communication, transformation or any other similar action that results in the total or partial modification or alteration of the content and Services of the Platform or their economic exploitation, without prior written authorisation from Celering or the third-party holder of the corresponding intellectual and industrial property rights.
- Open source software and third party libraries.
The Application and the Website may include open source software tools and third party libraries. The open source software and/or third party libraries shall be governed by the terms of their particular licences and the User shall be subject to the terms and conditions of that licence in relation to the use of that software or libraries and agrees to comply with their content.
- Celering’s responsibility.
Celering only guarantees the suitability of the Platform for the uses discussed and for its use in the environment of the operating system for which it has been developed or enabled.
Celering waives responsibility for third party Services and content that may be accessed through the Platform.
Celering waives responsibility for the delays or failures in access and/or operation of the Services or the Platform caused by force majeure.
Celering’s maximum liability to the User for any circumstance related to the Services, the Application, the Website and/or these Terms and Conditions shall be limited to proven damage directly caused by a legal or contractual infringement attributable to Celering and, in any event, to a maximum amount equivalent to the price of the Services paid by the User during the six (6) months prior to the date on which Celering’s infringement took place.
Except for cases of fraud, Celering shall assume no liability with the Users for moral, indirect or consequential damage such as loss of profits, loss of sales, profits or similar intangible damages.
- Intellectual and industrial property.
Celering is the licensee or exclusive owner of the Platform, including the texts, graphics, images, animations, musical creations, videos, sounds, drawings and photographs included in it and, in general, of all the creations expressed in any manner or on any medium, whether tangible or intangible, presently known or which may be invented in the future.
All the content on the Platform - including trademarks, trade names or distinctive signs - are protected by intellectual property law.
The provision of the Services and the publication of the content through the Platform does not under any circumstances imply the assignment, waiver or transfer, either in part or in full, of the corresponding intellectual property rights.
The reproduction, distribution, transmission, copy, public communication or transformation, either in part or in full, of the Platform without Celering’s consent by any system or manual, electronic or mechanic method (including photocopying, recording or any backup and information storage system) through any currently known support or which may be invented in the future is prohibited.
The User shall be responsible and indemnify and hold Celering harmless for the damages, losses, obligations, costs of any nature, sanctions, coercive measures, fines and other amounts derived from or arising out of any claim, complaint, action, lawsuit or proceedings (either civil, criminal or administrative) brought by any third party against Celering as a consequence of any action or omission directly or indirectly attributable to the User in relation to an alleged infringement of that third party’s intellectual and industrial property rights.
- Personal data protection.
- Other conditions.
Access to the Platform implies that the User acquires a series of rights and obligations in order to guarantee adequate enjoyment of the Services and content found therein and freely placed at the User’s disposal by Celering.
The User accesses the Platform and uses its contents and Services under his/her sole and exclusive responsibility. The User is expressly informed of the possible responsibilities that he/she may incur from using the Platform for illicit purposes, in particular, for the commission of criminal offences or possibly infringing the legislation on intellectual and industrial property.
The User must bear in mind that the Internet is not completely secure, so the User shall have to establish technical security measures designed to avoid unwanted actions in his/her information system, files and computer used to access the Internet and, particularly, Celering’s Application or Website.
- Entire document.
These Terms and Conditions and other Celering policies available on the Platform contain all the conditions governing the Services, without prejudice to any other obligations provided for by the laws in force.
- Nullity and voidability.
If any clause of these Terms and Conditions is declared totally or partially null and void, such nullity or voidability shall not affect the validity of the rest of the document, which shall remain fully effective and enforceable, unless the part invoking the nullity or invalidity evidences that the purposes of the Terms and Conditions may not be fulfilled without the null or void clause.
- Jurisdiction and applicable legislation.
Any disputes that may arise from the application, compliance, non-compliance or interpretation of these Terms and Conditions as well as the relationship between Celering and the User shall be governed by Spanish legislation. Celering and the User agree to submit to the express jurisdiction and competence of the courts of Madrid.