LEGAL NOTICE

LEGAL NOTICE 

The website www.cooltra.com (hereinafter the "Website") is owned by the company COOLTRA MOTOS, SL (hereinafter "COOLTRA") established in REINA CRISTINA, 2 -2-2, 08003 ,, BARCELONA, CIF number B-64146632, registered at the Mercantile Register Office of Barcelona, ​​Volume 38,623, Folio 69, Sheet B329.118, 1st entry. 

COOLTRA welcomes you and invites you to read carefully the General Conditions of Use of this Web Site (henceforth referred to as, the "General Conditions") which describe the terms and conditions that apply to your navigation thereof, in conformity with the applicable regulation in Spain. Given that COOLTRA could change these Terms in the future, we recommend you to visit them regularly so as to be informed of the changes.

In order that the use of the Website is in conformity with the criteria of transparency, clarity and simplicity, COOLTRA informs the user that any suggestions, questions or concerns about the Terms and Conditions will be received and resolved by contacting COOLTRA through tel. 0034937066912 or email: info@cooltra.com.

The User agrees to use the services, products and utilities offered by this Website in accordance with the law, the content of these General Conditions and in accordance with morality, generally accepted good practices and public order.

1. Purpose

 COOLTRA provides content and services available on the Website, subject to these General Conditions and the Policy for the processing of personal data (hereinafter the "Privacy Policy").

 The access to this Web Site or use in any form gives the status of "User" and implies the unreserved acceptance of each and every one of the General Conditions available on the Website, and COOLTRA reserves the right to modify them at anytime. Therefore, it is the responsibility of every user to carefully read the General Conditions in force at each of the times accessing this Website, if you disagree with any of the matters set forth herein, you should refrain from use.

In addition, the user is warned that sometimes may establish special conditions for using the Website content or specific services, the use of such content or services implies the acceptance of the particular conditions specified therein. 

2. Services

 COOLTRA MOTOS offers the user the ability to:

  • Knowing all the services provided by COOLTRA through the Web Site its shops, delivery points and partners.
  • Know the location of all the COOLTRA shops, delivery points and partners where you can make reservations, pickups and returns bikes.
  • Get detailed information about COOLTRA fleet and to filter models, brands, manufacturers, price, and type and engine power in the interests of the user.
  • Meet all requirements and necessary for the rental and purchase of motorcycles documentation.
  • Rent scooters and accessories in the city and shop that suits the location of the user, according to the availability, dates and times that best suit the interests of the Client.
  • Combine the scooter rental with Ferry ticket booking, excursions, tours, guided tours, rollerblade rental, scooters, quads and bikes.
  • To proceed with the payment of the reservation or contracted service through the procedure for such purpose on the website.
  • Get information about where to rent the scooters.
  • To know the conditions for a long term scooter rental and the information related to the "Rent to Buy" service.
  • Access the press area to obtain information of interest.
  • Subscribe to COOLTRA Newsletter to receive news, offers and promotions related to the services provided.
  • Send the Curriculum Vitae to be part of our recruitment processes.
  • Go to the FAQ section of ​​the Website.
  • Contact COOLTRA shops, delivery points and partners in order to make reservations and to resolve any inquiries related to the services rendered.
  • Link to other websites owned by COOLTRA and to acquire other related services.
  • Access our corporate social profiles.
  • Make inquiries via the Contact Form, email, phone or chat of ​​the Website.  

(Hereinafter  the "Services"). 

3. Privacy and Data
When accessing certain content or services it is necessary to provide personal information, therefore, the User guarantees the truthfulness, accuracy, authenticity and validity. COOLTRA will give to these data the corresponding computerized treatment according to their nature or purpose, in the terms stated in this Privacy Policy, and in any case under strict compliance with current legislation on personal data protection. 

In the event that the User considers that COOLTRA makes personal data misuse, it may exercise their rights under the law of Personal Data Protection (Correction, Access, Opposition and Cancellation) sending to COOLTRA a written communication to the address indicated above.

4. Intellectual and Industrial Property
You acknowledge and agree that all content displayed on the Website and in particular, designs, text, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial or business use are subject to intellectual property rights and all other trademarks, trade names or logos, all rights of intellectual property, the contents or any other elements inserted in the webpage, are the exclusive property of COOLTRA who has the right to use them for commercial purposes. Therefore, the User agrees not to reproduce, copy, distribute, make available or communicate, transform or modify such contents , keeping COOLTRA undamaged {1for }any claim arising from the breach of such obligations.

In no case shall access to the Website imply any waiver, license or total or partial assignment of such rights, unless otherwise expressly stated. These Terms do not confer on the User any right to use, alteration, reproduction, distribution or public communication of the Website or its various contents expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for that purpose by COOLTRA, or the third party owner of the rights. 

The contents, texts, photographs, designs, logos, images, computer programs, source codes, and in general, any intellectual creation in this Web Site as well as the site itself together, as multimedia artwork are protected as Copyright by legislation on Intellectual Property. COOLTRA holds the elements that make up the graphic design of the website, menus, navigation buttons, HTML code, text, images, textures, graphics and other contents of the Web Site or in any case has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any system of information retrieval, in any form or by any means, unless you have obtained prior written permission from the counterparty.
Also it is forbidden to remove, ignore or manipulate the "copyright" as well as technical protection devices or any information mechanisms that might have the contents. Users of this website agree to respect the rights and avoid any action that could damage, in any case reserving COOLTRA to exercise whatever means or legal actions in defence of its legitimate rights of intellectual and industrial property.

5. Duties and Responsibilities as a Website User

The User agrees to:

a) Make an appropriate and lawful use of the Website and the content and services, in accordance with: (i) the current applicable law; (Ii) the General Conditions of the Website; (Iii) the morality and generally accepted good practices and (iv) the public order. 

b) Provide all the means and technical requirements needed to access the Web Site and use the services available through it. 

c) Provide accurate information to fill in their personal data forms contained on the Website and to keep them updated at all times so that it responds at all times to the actual situation of the user. The User shall be solely responsible for any false or inaccurate statements made ​​and the damage caused to COOLTRA for the information provided. 

The User will also refrain from: 

a) Making an unauthorized or fraudulent use of the Website and the contents with illegal purposes, prohibited in the General Conditions, prejudicial to the rights and interests of others, or in any way damage, disable, overburden, impair or impede the normal use of the services or the documents, files and all type of contents stored in any computer. 

b) Access or attempt restricted areas of the Website, without fulfilling the conditions for such access. 

c) Cause damage to the hardware or software of the Website, its suppliers or others. 

d) Introduce or spread computer viruses or any other physical or logical systems that are capable of causing damage to the physical or logical COOLTRA or third parties systems. 

e) Try to access, use and manipulate data belonging to COOLTRA and other Users. 

f) Reproducing or copying, distributing and allowing public access through any form of public communication, to transform or modify the contents, unless you have permission from the copyright holder or it is legally permitted. 

g) Delete, hide or manipulate the notes on intellectual or industrial property and other data identifying the rights of COOLTRA and third parties included in the content as well as technical protection devices or any information mechanisms which fit the contents.

h) Obtain or attempt to obtain the contents using means or procedures other than those, as appropriate, have been made ​​available for this purpose or have been expressly provided in the websites where the content is found or, in general, those commonly used on the Internet and do not pose a risk of damage or disable the Website and the contents.

In particular, and merely indicative and not exhaustive, the User agrees not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, pictures, sound files and images, photographs, recordings, software and, generally, any kind of material which:

(I) In any way contrary to, or undermines fundamental rights and public freedoms recognized in the Constitution, international treaties and other applicable law.

(II) Induce, incite or promote criminal, slanderous, libellous, violent or, in general, contrary to law, morals, good customs generally accepted and public order.

(III) Induce, incite or promote actions, attitudes or discriminatory thoughts on sex, race, religion, creed, age or condition.

(IV) Incorporate, make available or allow access to products, elements, messages and criminal, violent, offensive, harmful or, in general, contrary to law, morals and good customs generally accepted public order.

(V) Induce or could induce an unacceptable state of anxiety or fear.

(VI) Induce or incite involvement in adverse health and mental well dangerous, or hazardous.

(VII) It is protected by the legislation on intellectual property owned byCOOLTRA, without having been authorized the use envisaged.

(VIII) Be contrary to honour, personal and family privacy or image of individuals.

(Ix) It constitutes any kind of advertisement without prior consent.

(X) Include any virus or program that prevents normal operation of the Website. 

Occasionally it is necessary for the User / Customer to be registered on the website, besides providing us some data, the user will be provided with a Password to access some of the services and contents of the Website, the password, is obliged to use it diligently and always keeping it secret. The User is responsible for its custody and confidentiality, agreeing not to transfer to any third party, temporarily or permanently, or to allow access to those services and content by outsiders. Similarly, COOLTRA is obliged to notify any facts that may constitute a misuse of the user’s password. While the User is not making the report above, COOLTRA will be released from any liability that may arise from misuse of the User’s password, with its responsibility for any illegal use of contents and services on the Website for any unauthorized third party. 

The access to the services or content provided through the Web Site will be under the sole responsibility of the users. If the case of minors or incapacitated, the responsibility borne by their parents, guardians or legal guardian, shall accompany, supervise or take appropriate precautions while browsing the website.

If you negligently or intentionally breach any of its obligations under these Terms of Use shall be liable for all damages arising from such failure to COOLTRA.

6. Responsibilities

COOLTRA will be responsible for ensuring, unless force majeure, the proper functioning of the Web Site, avoiding technical hassles, maintenance work during business hours, and any other actions that may limit and partially disrupt the usability of it by Users.

The company does not guarantee access to correct viewing; downloading or use of the elements and information contained on sites linked to this Site, and may be hindered or interrupted by factors or circumstances that are beyond your control. COOLTRA is not responsible for decisions that might be taken as a result of access to the content or information offered by such linked sites.

COOLTRA may interrupt the service or immediately terminate the relationship with the user if it detects that your use of the Web Site or any of the services offered on it, is contrary to the present General Conditions. The company is not liable for damages, losses, claims or expenses arising from the use of the Website. It will only be liable to remove as soon as possible, the contents that may cause such damage, provided that such notification. In particular shall not be liable for any damages that may arise, among others, by:

  1. Interference, interruptions, errors, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloading and errors in the lines and telecommunication networks, or any other cause beyond the control of COOLTRA.
  2. Unlawful interference with the use of malware of any kind and by any means of communication, such as computer viruses or any other.
  3. Improper or inadequate Website Abuse.
  4. Security or navigation errors caused by malfunction of the browser or the use of non-updated versions.

COOLTRA excludes all liability for damages of any kind that may result from the misuse of services and unrestricted use by Users of the Website. Also COOLTRA is exonerated from any responsibility for content and information that may be received as a result of a wrongful or improper use of such services.
The User will defend, indemnify and hold harmless against any COOLTRA damages arising from claims, actions or demands resulting from the use of the Website. Also, the User agrees to indemnify COOLTRA against any damages arising from the use of "robots," "spiders," "crawlers" or similar tools to gather or extract data or any other action on their part that imposes an unreasonable burden on the operation of the Website.


7. Hyperlinks

The User agrees not to reproduce in any way, not even through a hyperlink, the Web Site COOLTRA and any of its contents without written permission of COOLTRA.
The Website may include links to other websites operated by COOLTRA or third parties associated to COOLTRA. In line with this, the company is not responsible for websites content of other companies, nor is in a position of guarantor or the party offering the services or marketed by the same products. So any claims related to the services provided by them, must be addressed to the holders of such websites.

It grants the User a limited, revocable, and nonexclusive right to create links to the Website home page right, exclusively for private use and not commercial. The websites including links to our Site (i) may not imply that COOLTRA recommends this website or its services or products; (Ii) may not misrepresent its relationship with COOLTRA or state that has authorized the link or include trademarks, trade names, logos or other distinctive signs of COOLTRA; (Iii) may not have content that could be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public policy or unlawful; (Iv) it may not link to any page of the Website other than the home page; (V) it should link to the home address of the Website, without allowing the website containing the link to reproduce it as part of the website or in one of their "frames" or create a "browser" on any of the Website pages. COOLTRA may ask, at any time, to remove any link to the Website, whereupon immediately proceed to their elimination. The company can not control the information, content, products or services provided by other web sites that have links to theirs.

8. Duration and Termination

Services provided through the Website are in principle indefinitely. However, COOLTRA may terminate or suspend any of the services provided through the Web Site. When it is possible COOLTRA announce the termination or suspension of the service given. 

9. Force Majeure

COOLTRA will not be responsible if any failure to provide the services available through this Website, whether it is due to prolonged power outages, telecommunications lines, social conflicts, strikes, revolt, explosion, flood, acts and omissions Government, and in general all cases of force majeure or fortuitous. 

10. Resolution of Disputes. Applicable Laws and Jurisdiction

These Terms and the use of the Website will be governed by the Spanish law. Any dispute will be resolved in the courts of COOLTRA.
In the event that any provision of these Terms and Conditions unenforceable or invalid under applicable law or pursuant to a judicial or administrative decision, such unenforceability or invalidity will not make these Terms and Conditions unenforceable or invalid as a whole.  In such cases, COOLTRA shall amend or replace such provision with one that is valid and enforceable and that, to the extent possible, achieve the goal and intention reflected in the original provision