Juridische Kennisgeving

The present Web portal and all its content, including the provided services, belong to COOLTRA MOTOS, SLU. (henceforth “COOLTRA MOTOS”), holding CIF B-64146632 and registered at C/ Reina Cristina, 2, 2-2, 08003, Barcelona. Registered in the Mercantile Registry of Barcelona, Tome 38.623, Folio 69, Page B329.118, Registration 1^st, contact email info@cooltra.com.

1.- OBJECT

COOLTRA MOTOS (henceforth also the provider) as a responsible of the web site, puts at the disposal of the users the present document which regulates the use of the website cooltra.com, that aims to fulfill the obligations under the Law 34/2002, regarding Services of the Information Society and E-commerce (LSSICE o LSSI), as well as inform all the users of the web page about the terms and conditions of the use of the web page.

Through the Web, COOLTRA MOTOS gives the users access and use of different services and contents at the disposal through the web.

Each person who accesses the web is assumed to be a user (henceforth the user) and implies full acceptance, without any reservations, each one of the regulations included in this Legal Notice, as well as other applicable regulations.

As users, they must read this Legal Notice attentively when visiting the web, since this Legal Notice can subject to change, since the provider reserves the right to change any type of information which appears at the web, without the obligation to notify or forewarn the users about these obligations, remaining sufficient the publication on the website of the provider.

Currently COOLTRA MOTOS offers:

Motorcycle rental service by minutes / hours whose particular contracting conditions you will find in this link
Motorcycle rental service for days / months whose particular contracting conditions you will find at this link: https://cooltra.com/en/rental-conditions/
Other services: CONSULT directly through the communication channels established for this.

2.- CONDITIONS FOR ACCESS AND USE OF THE WEB

2.1. Free Access and use of the web.

The presentation of the services from the part of COOLTRA MOTOS is free for all the users. Nevertheless, some of the services offered by the provider through the web are subject to pay the price determined at the general conditions of the contract. You can access the conditions through the following link: https://cooltra.com/en/rental-conditions/

2.2. User registration.

In general, the Service performance does not require any previous subscription or registration of the users. Still, COOLTRA MOTOS qualify use of some services to the previous complementation of the user registration. This registration shall be made in the manner expressly indicated in proper service section.

2.3. Veracity of the information.

All the information provided by the user must be truthful. In this sense, the User guarantees the authenticity of the data transmitted through the forms necessary for subscribing the Services. It will be responsibility of the User to support all the information facilitated to COOLTRA MOTOS permanently updated in the appropriate manner regarding the real status of the user. In any case, the User will be responsible for any false or inaccurate declarations and the damages cased to the provider or the third parties,

2.4. Underage.

For the use of the services, underage users must obtain in advance parent´s, guardian´s or legal representative´s consent who will be held responsible for all acts performed by children in their care. The liability regarding the determination of the contents which are accessed by the underage corresponds to those responsible for them, therefore, if they access not appropriated contents in Internet, they must establish in their computers the mechanisms, particularly informatic programs, filters and blockers, that help in limiting access to available contents and infallibles ones, that are considerably useful in controlling and restricting the materials that can be accessed by underage.

2.5. Obligation to make proper use of the web.

The User agrees to use the website in compliance with the Law and this Legal Notice, and in accordance with generally accepted moral standards and good practice. To do this the User will abstain using the web with for illicit or forbidden purposes or damaging to the rights and interests of third parties or causing damage, unabling, overcharging or spoiling the normal use of computing equipment or documents, archives and any class of stored contents on any of the computer equipment of the provider.

In particular, as tentative rather than exhaustive, the User agrees not to transmit, diffuse, store or make available to third parties the information, data, contents, messages, graphics, design, audio archives or images, photos, videos, software and, in general, any kind of materials which:

in any way which contravene, denigrate or threaten fundamental rights and public liberties constitutionally recognized public freedom, contemplated in international treaties and other current norms;
induces, incites or fosters criminal, degrading, defamatory, defaming, violent actions or whatsoever in general is contrary to the Law, to the morality and to the public order;
induces, incites or promotes actions, attitudes or thoughts which are discriminatory based on sex, race, religion, beliefs, age or condition;
it is in opposition to the right to the honor, the personal and familiar privacy or the self-image of the people;
in any way prejudice the credibility of the provider or of third parties; and represent illegal, misleading or false advertising.

3. CLAIMS

Any claim that the User deems appropriate will be attended as soon as possible, and can be declared to the following contact addresses:

1. Postal: REINA CRISTINA, no. 2, flat 2º-2ª, 08003 – BARCELONA

2. Mail: info@cooltra.com

3. Online Dispute Resolution – (“ODR”). In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the User and COOLTRA MOTOS, without needing to resort to the Courts of Justice, through the intervention of a third party, called the Dispute Resolution Body (“ODR”), which acts as an intermediary between the two. Without the resolution being binding on the parties, this body is neutral and will dialogue with both parties to reach an agreement and may finally suggest and/or impose a solution to the conflict. Below stated is the link to the application or claim form: https://ec.europa.eu/consumers/odr/main/?event=main.home.show Below stated is the search link of the European Commission to the list of conflict resolution bodies: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

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Please access the form to exercise your right of withdrawal Online, following this link:

https://cooltrasftp.ecooltra.com/TERMS_CONDITIONS/formulario-desistimiento-cooltra.pdf

4.- EXCLUSION OF GUARANTEES AND RESPONSIBILITIES.

The provider is exempt from any responsibility arising from the information published on our website, if that information has been manipulated or introduced by a third party.

This website has been revised and tested to work properly. In consequence, the correct operation can be guaranteed 365 days a year, 24 hours a day. However, the provider does not exclude the possibility that there are certain programming errors, or that there are causes of force majeure, natural disasters, strikes, or similar circumstances that make it impossible to access the website.

COOLTRA MOTOS does not guarantee and is not responsible, in any case, for damages of any kind that may arise from the lack of availability, maintenance and effective operation of the website or its services and contents; for the existence of viruses, malicious programs or harmful contents; for the illicit, negligent, fraudulent use or contrary to this Legal Notice and conditions of use; or the lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and gestures available to users on the website.

The provider under no circumstances is not responsible for any harm that might result from the illegal or improper use of this website.

5.- COOKIES

The provider’s website may use cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the proper functioning and visualization of the place. The cookies used have, in any case, a temporary nature, with the sole purpose of making navigation more efficient, and they disappear when the user’s session ends.

Under no circumstances cookies will be used to collect personal information.

For more information, check our Cookies Policy.

6.- LINKS

From the website is possible redirection to contents of third party websites. Considering that from the web we cannot always control the contents introduced by third parties, COOLTRA MOTOS does not assume any type of responsibility for these contents. In any case, the provider states that it will proceed to the immediate withdrawal of any content that may contravene national or international legislation, morals or public order, proceeding to the immediate withdrawal of the redirection to these websites, informing the competent authorities about the content in question.

The provider is not responsible for the information and stored content, including without limitation forums, chats, blog generators, comments, social networks or any other medias that allows third parties to publish content independently of the website of the provider. However, and in compliance with the provisions of art. 11 and 16 of the LSSICE, the provider makes available to all users, authorities and security forces, and actively collaborating in the withdrawal or, when necessary, the blocking of all content that may affect or contravene the national, or international legislation, rights of third parties or morality and public order. In the event that the user considers that some content that may be susceptible to this classification may exist, please notify the administrator of the website immediately.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website, exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that COOLTRA MOTOS recommends that website or its services or products; (ii) they cannot falsify their relationship with COOLTRA MOTOS or affirm that COOLTRA MOTOS has authorized such link, nor include brands, denominations, trade names, logos or other distinctive signs of COOLTRA MOTOS; (iii) may not include content that may be considered distasteful, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website’s own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. COOLTRA MOTOS may request, at any time, to remove any link to the Website, after which it must be proceeded immediately to its elimination. COOLTRA MOTOS cannot control the information, content, products or services provided by other websites that have created links to the Website.

7.- PROTECTION OF THE PERSONAL

The provider is deeply committed to compliance with protection of personal data end ensure full compliance with the obligations provided for, and implementation of security measures provided in the European Data Protection Regulation and the Spanish regulations of the protection of personal data. For more information, check our Privacy Policy .

8.- INTELECTUAL AND INDUSTRIAL PROPERTY

The website, including but not limited to the programming, editing, compilation and other elements necessary for its operation, the designs, logos, texts, photographs and/or graphics are the property of the provider or, if necessary, has the license or express authorization on the part of the authors. All the contents of the website are adequately protected by the rules of intellectual and industrial property.

Regardless of the purpose for which they were intended, the total or partial reproduction, use, distribution and public communication require prior written authorization from the provider. Any use without previous authorization of the provider will be considered a serious breach of the intellectual or industrial property rights of the author.

The designs, logos, texts and/or graphics of the third parties and that may appear on the website of the provider, belong to their respective owners, being themselves responsible for any possible dispute that may occur regarding them. In any case, the provider has express and prior authorization from them.

The provider acknowledges in favor of its owners the corresponding rights of industrial and intellectual property, not implying the mention or appearance on the website, the existence of rights or any responsibility by the provider on them, as well as endorsement, sponsorship or recommendation by the same.

To make any kind of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you can use the email above.

9.- DURATION AND TERMINATION OF THE SERVICES

The services provided through the Website have in principle an indefinite duration. However, COOLTRA MOTOS may terminate or suspend any of the services provided through the Website. When it is possible, COOLTRA MOTOS will notify the termination or suspension of the provision of the determined service.

10.- FORCE MAJEURE

COOLTRA MOTOS will not be responsible in case of impossibility to provide the services available through this Website, if this is caused by prolonged interruptions of power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the government, and in general, all cases of force majeure or fortuitous events.

11.- APPLICABLE LAW AND JURISDICTION

For the resolution of disputes or issues related to this website or the activities developed in it, Spanish law will be applicable, to which the parties expressly submit, being competent for the resolution of all disputes arising or related with use the Courts and Tribunals of Barcelona.

12. DISPUTE RESOLUTION. Applicable law and jurisdiction
These General Conditions, as well as the use of the Website, will be governed by Spanish legislation.
In the cases of civil contracting, that is, in cases in which one of the contracting parties acts in the position of CONSUMER, the specific regulations for the Defense of Consumers and Users will be applicable.
Consumers and users may resolve any dispute before the competent court according to their place of residence or at the registered office of COOLTRA MOTOS.
In the event that COOLTRA MOTOS initiates a legal action against a consumer, the courts of the jurisdiction of the domicile of said consumer will be competent.
In all cases of commercial contracting, the parties agree to submit to the exclusive jurisdiction of the courts of BARCELONA.