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Terms and Conditions

 

  1. Application of the General Terms and Conditions

1.1 PANOT MOBILITY S.L. ("PANOT"), pioneer in the new culture of sustainable urban mobility, offers the rental of electric bicycles ("Product", "Bike" or “Bus”).

1.2 The customer ("Customer/s") shall be responsible for informing himself/herself about the traffic regulations, laws, regulations and ordinances that are applicable to the circulation and parking of the Bike or Bus in the territorial area in which he/she foresees its use, without any obligation of information or responsibility assumed by PANOT in this regard.

1.3 This document ("General Terms and Conditions") shall apply to all Customers who decide to have a PANOT Bike or a PANOT Bus on a "subscription" (lease) basis, by paying a monthly fee ("Subscription Contract").

1.4 The Customer's specific data, the chosen product and accessories, as well as the particularities of the subscription (choice of protection etc.) will be indicated or selected by the Customer in the contracting process (described in sections 3 and 4 below), all of which will form the Contract that will govern the relationship with PANOT.

1.5 Any other offer requests, quotations, inquiries regarding PANOT Products, or information exchange communications other than those confirmed by the Customer at the time of contracting, shall not be binding for any of the Parties.

1.6 The Customer may contact PANOT for any matter related to the Contract by the following means:

  • E-mail: hey@panotmobility.com
  • Telephone: 931 03 33 66.
  • In person at our facility located in Barcelona, calle de Balmes 362, 08006.

 

  1. Components and technical information

2.1 The description and technical information of the Bike is available to the Customer on the PANOT website: www.panotmobility.com ("PANOT Website").

2.2 The Bike is delivered by PANOT to the Customer including a charger, a removable battery, a lock, a set of keys and a basket. The Bus is delivered by PANOT to the Customer including a charger, a removable battery, a lock, a chain, a set of keys and a padded bench. In addition, the Customer may opt for accessories offered on the PANOT website whose description and technical information is also available on the PANOT website.

2.3 The technical data sheet of the Bike and Bus available on the PANOT website indicates the maximum load capacity that the Bike can support and the rest of its characteristics (autonomy, speed, anti-theft system, capacity and charging time, size). It is forbidden to use any e-bikes (Bike or Bus) exceeding its load limit indicated by PANOT and any damage caused to the Customer, third parties or to the e-bike itself by its use in contravention of such indication or any other technical/use that PANOT has provided to the Customer shall be borne exclusively by the Customer, exempting PANOT from any liability in this regard.

 

  1. Contracting Process

3.1 The Customer must be a physical person, be at least 18 years old and be capable of entering into legally binding contracts.

3.2 The Customer must have his residence in Spain and foresee the use of the Bike only within the national territory.

3.3 The Subscription contracting process will be carried out online on the PANOT website, through which the Customer may contract the Bike or the Bus Subscription, its accessories, the type of protection and the type of subscription plan chosen (the steps to be followed are detailed in section 4 below).

3.4 The Customer, at the beginning of the online subscription contracting process, must carefully review these General Terms and Conditions and, subsequently, if he/she is satisfied with them, he/she may accept them and continue with the online subscription contracting process.

3.5 The Customer, by accepting these General Terms and Conditions and after completing the online Subscription contracting process (process detailed in section 4 below), will be confirming its willingness to enter into the Subscription Agreement with PANOT.

3.6 After the acceptance of the Subscription Contract, the Customer will have three (3) days to pick up the Bike or the Bus in person at the PANOT Store located in Barcelona, 362 Balmes Street, 08006 ("Store"), after verification by the Customer of the perfect condition of the Bike/Bus.

3.7 Seventy-two (72) hours after the online formalization of the Subscription Contract, the amount of the first monthly installment will be charged by PANOT to the current account associated to the credit card provided by the Customer, notwithstanding that the Customer has not picked up the Bike or the Bus at the Store.

3.8 All information provided by the Customer to PANOT for the reservation and purchase of the Bike or the Bus must be truthful, and the Customer shall indemnify PANOT for any damages that the falsity of their information may cause.

 

  1. Formalization of the online Subscription Contract and reservation of the Bike

4.1 The Customer may formalize the Subscription Contract through the PANOT website. After the procedure indicated in section 4.2 and 4.4 below, the Customer will only have to go to the Store to pick up the contracted Bike or Bus.

4.2 Steps to follow to formalize the online Subscription Contract through the PANOT Web:

  • Select the "Subscribe now" section.
  • Select the subscription plan that the Customer wishes to choose "Monthly", "Quarterly", "Annual", "1 Month Professional” or "3 Month Professional" (the options are described in sections 5 and 6 below).
  • Select (optional) the desired accessories that are available according to the subscription plan. For 1, 3 or 12 month plans: "child seat", "additional battery", "additional battery charger", "smartphone holder", "rear-view mirror" and/or "double kickstand". For 1 month or 3 month professional plans: "additional battery", "additional battery charger", "smartphone holder", "rear-view mirror" and/or "double kickstand".
  • Select protection mode "Comfort" or "Total", which differ in terms of the percentage of coverage of the total price of the Bike and its accessories in case of theft (these are described in sections 6.2 and 6.4 below and information about them is shown to the Customer at the time of purchase by selecting the "more information" option indicated for each protectio plan, which can be consulted before confirming the choice).
  • Select "terms and conditions", after reviewing the terms and conditions and if you agree, select "I accept the terms and conditions" to confirm that you wish to continue the subscription process.
  • Enter personal data (name, email, telephone) and data related to the requested payment method.
  • Select "Privacy Policy" and, after having reviewed it and in case of conformity, select "I accept the privacy policy" to confirm the Customer's consent to share such data with PANOT.
  • Select date and time slot for appointment at the Store to pick up the Bike (the Customer will have several options within three (3) days after the online execution of the Subscription Contract).
  • Subsequently, the Customer will be able to see the summary of the Subscription Contract and the date reserved for the Bike pick-up.
  • If the Customer is satisfied, select "send".
  • The Customer will then instantly receive an email stating that PANOT expects to receive him/her in the Store, confirming his/her reservation, the details of his/her Subscription Contract and the requested pick-up date and time.

4.3 PANOT will reserve the Bike selected by the Customer, who will be responsible for picking up the Bike in the Store on the selected date and time.

4.4 Steps to follow to formalise the Panot Bus online Subscription Contract through the PANOT website:

  • Select the "Subscribe now" section.
  • Select the desired Panot Bus model and the corresponding annual subscription plan, to choose between "Panot Bus", "Panot Bus Sport" or "Panot Bus Turbo".
  • Select the desired accessories (optional): "child seat 1", "child seat 2" or "smartphone holder".
  • Select "Comfort" or "Total" protection mode, which differ in terms of the percentage of coverage of the total price of the Bus and its accessories in the event of theft (these are described in sections 6.9 and 6.11 below and information about them is shown to the Customer at the time of purchase by selecting the "more information" option indicated for each protection mode, which can be consulted before confirming the choice).
  • Select "terms and conditions" and after having reviewed them and if you agree, select "I accept the terms and conditions" to confirm that you wish to continue with the contracting process.
  • Enter personal data (name, e-mail, telephone) and data relating to the payment method requested.
  • Select "Privacy Policy" and, after having reviewed the same and in case of conformity, select "I accept the privacy policy" to confirm the Customer's consent to share such data with PANOT.
  • Select date and time/time slot for in-store appointment to pick up the Bus (the Customer will have several options within three (3) days after the online conclusion of the Subscription Contract).
  • Subsequently, the Customer will be able to see the summary of their Subscription Contract and the date reserved for collection of the Bus.
  • If the Customer is satisfied, select "send".
  • The Customer will then instantly receive an email stating that PANOT expects to receive him/her in the Shop, confirming his/her reservation, the details of his/her Subscription Contract and the requested pick-up date and time.

4.5 PANOT will reserve the Bus selected by the Customer, who will be responsible for collecting the Bus from the Store on the selected date and time.

 

  1. Choice of Subscription Plan. Minimum Term

5.1 The Customer may choose from four Panot Bike subscription plan types ("Subscription Plan(s)"), which differ in terms of minimum duration, monthly fee, usage and mileage:

  • Monthly Plan (or 1 month plan): subscription for a period of one (1) month, for personal use and with a limit of five hundred (500) km per month.
  • Quarterly Plan (or 3 month plan): subscription for a period of three (3) months, mandatory (permanence), for personal use and with a limit of five hundred (500) km per month.
  • Annual Plan (or 12 month plan): subscription for a period of twelve (12) months, mandatory (permanence), for personal use and with a limit of five hundred (500) km per month.
  • Monthly Professional Plan (or 1 month professional plan): subscription for a period of (1) month of obligatory compliance, for personal and/or professional use (for commercial purposes) and without any mileage limit.
  • Quarterly Professional Plan (or 3 month professional plan): subscription for a period of (3) months for personal and/or professional use (for business purposes) and without any mileage limit.
In addition, the Customer may opt for 3 annual Panot Bus subscription plans (or 12 month subscription Plan(s) with the same term) which differ in terms of model, specifications, monthly fee, usage and power:
  • Panot Bus Annual Plan (or 12-month plan): subscription for a period of twelve (12) months, for personal use and with a limit of five hundred (500) km per month.
  • Panot Bus Sport Annual (or 12-month plan): subscription for a period of twelve (12) months, for personal use and with a limit of five hundred (500) km per month.
  • Panot Bus Turbo Annual (or 12-month Plan): subscription for a period of twelve (12) months, for personal use and with a limit of five hundred (500) km per month.

5.2 In the event that during the term of the Contract the Customer wishes to modify his Subscription Plan, he should contact PANOT and PANOT will advise him on the Plan that best suits his needs. In case the Customer decides to change the Subscription Plan and such decision is approved by PANOT, PANOT will process the change, which will be applicable as of the month following the month in which the change is confirmed.

5.3 In the event that the Customer wishes to terminate the Subscription Agreement prior to the expiration of the minimum term of the Subscription Agreement, PANOT shall be entitled to adjust upwards, as a penalty, the fee that the Customer has been paying since the beginning of the Subscription Agreement, The Customer shall pay - in the Store at the time of returning the Bike - the difference between the amount of the Monthly Plan Fee and the amount of the Quarterly Plan Fee or the Annual Plan Fee (whichever has been contracted by the Customer) for the months of unfulfilled subscription period.

On the other hand, in the event that the Customer wishes to terminate the Panot Bus Subscription Contract after the 1 month trial period has elapsed, PANOT shall be entitled to charge the Customer the monthly fee specified for each model (section 6.8) plus an additional amount of €30 in each case. Similarly, in the event that the Customer wishes to terminate the Panot Bus Subscription Agreement before the 1 month trial period has elapsed, PANOT shall be entitled to charge the Customer the monthly fee specified for each model (section 6.8) plus an additional amount of €30. Likewise, in the event that the Customer wishes to terminate the Panot Bus Subscription Contract in any month after the first month of the trial period (before 12 months have elapsed since the plan was contracted), PANOT shall be entitled to charge the Customer the monthly fee, specified for each model (section 6.8), plus an additional amount of €120, in each case.

 

  1. Subscription Price. Monthly Fee

6.1 The amount of the monthly fee ("Fee") for each of the Panot Bike Subscription Plans for which the Customer may choose is as follows:

a) Monthly Plan: Fee of €69.90.
b) Quarterly Plan: Fee of €59.90.
c) Annual Plan: Fee of €49,90.
d) Monthly Professional Plan: Fee of €120,00.
e) Quarterly Professional Plan: Fee of €100,00.

Such amounts of the Fee for all the Plans described above include the value added tax (VAT) and any other tax, direct or indirect tax, fee, surcharge or contribution that may be required to be passed on to the Customer by PANOT under the Subscription Agreement.

The amounts of the Monthly, Quarterly and Annual Plans are subject to a use of the Bike by the Customer not exceeding five hundred (500) km per month. If this limit is exceeded, PANOT will additionally charge the current account associated with the credit card provided by the Customer the amount of 100 €.

6.2 The Fee includes:

a) The monthly lease of the Bike.
b) An annual service and maintenance service to cover the need for spare parts or repairs arising from normal use.
c) Comfort Protection contracted from Panot and in accordance with the coverage, conditions and exclusions detailed in section 11 and 12 below. It includes mechanical assistance to deal with the necessary repairs to ensure the proper functioning of the Bike (except those resulting from general misuse by the Customer), as well as eighty percent (80%) of the price of the Bike in case of theft, with the Customer having to assume the remaining ten percent (20%).
d) The possibility of replacing the Bike in case of need of repair.
e) Basket accessory.
f) A charger or removable battery (400Wh).
g) Five hundred (500) kilometers per month (this mileage limit shall not apply to Customers who subscribe to the Professional Plan, who shall have unlimited kilometers).´

6.3 At an additional cost, the Customer may choose to complement its Bicycle with the accessories offered on the Panot website.

6.4 At an additional cost, the Customer may extend the Comfort Protection, whose coverage is included in the monthly Fee, by a Total Protection, with one hundred percent (100%) coverage of the price of the Bike in case of theft, as well as its accessories (except for the battery), and whose details of coverage, conditions and exclusions are reported in paragraph 12 below.

6.5 Payment of the first Installment shall be made seventy-two (72) hours after the online formalization of the Subscription Contract, by charging the current account associated with the credit card provided by the Client. The second and subsequent monthly payments will be charged within twenty-four (24) hours after the beginning of each monthly payment.

6.6 Failure to pay two (2) monthly payments shall be cause for termination of the Contract by PANOT.

6.7 PANOT will send monthly invoices to the Customer by email.

6.8 The amount of the monthly fee ("Fee") for each of the Panot Bus Subscription Plans for which the Customer may opt is as follows:

a) Panot Bus Annual Plan (or 12 months): Fee of €79.90.
b) Panot Bus Sport Annual Plan (or 12 months): Fee of 99.90 €.
c) Panot Bus Turbo Annual Plan (or 12 months): Fee of 139,90 €.

Such amounts of the Fee for all the Plans described above include value added tax and any other tax, direct or indirect tax, fee, surcharge or contribution that may be required to be passed on to the Customer by PANOT under the Subscription Agreement.

The amounts of the Fee for the aforementioned Plans are subject to the Customer's use of the Bus not exceeding five hundred (500) km per month. If this limit is exceeded, PANOT will additionally charge the current account associated to the credit card provided by the Customer the amount of 100 €.

6.9 The Fee includes:

a) The monthly lease of the Bus.
b) An annual service and maintenance service to cover the need for spare parts or repairs arising from normal use.
c) Comfort Protection offered by Panot and in accordance with the coverage, conditions and exclusions detailed in section 11 and 12 below. It includes mechanical assistance to deal with the necessary repairs to ensure the proper functioning of the Bus (except those resulting from general misuse by the Customer), as well as eighty percent (80%) of the price of the Bus in the event of theft, with the remaining ten per cent (20%) to be borne by the Customer.
d) The possibility of replacing the Bus in the event that it needs to be repaired.
e) A basket accessory and a padded bench.
f) A charger, a removable battery and a chain.
g) Five hundred (500) kilometres per month.

 

6.10 At additional cost, the Customer may choose to supplement their Bus with the accessories offered on the Panot website.

6.11 At additional cost, the Customer may extend the Comfort Protection, the coverage of which is included in the Monthly Fee, by a Total Protection, with one hundred percent (100%) coverage of the price of the Bus in the event of theft, as well as its accessories (except the battery), and whose details of coverage, conditions and exclusions are set out in section 12 below.

6.12 Payment of the first Instalment shall be made automatically once the Subscription Contract has been formalised online, by debiting the current account associated with the credit card provided by the Client. The second and subsequent instalments will be charged within twenty-four (24) hours of the start of each monthly payment.

 

  1. Implicit Renewal and Cancellation

7.1 After the expiration of the period of engagement of the Subscription Plan chosen by the Customer, the Subscription will be tacitly renewed, under the same Fee, for successive periods of one (1) month, unless the Customer communicates to PANOT his will not to renew it at least ten (10) days before the end of the initial duration period of the Subscription Plan. This can be communicated by email to: hey@panotmobility.com

7.2 If the Subscription is renewed, the Customer may at any time decide to cancel it. This can be communicated to PANOT by e-mail to hey@panotmobility.com.

7.3 Once the Customer has given notice of cancellation, the Subscription shall terminate upon expiry of the current monthly payment, provided that such notice of cancellation is given at least ten (10) days prior to its termination. If less notice is given, the Subscription shall be extended and shall terminate at the end of the following monthly period (with the consequent obligation for the Customer to pay the corresponding monthly fee).

7.4 The Customer may continue to use the Bike or the Bus until the last day that the Subscription is active, and must return it to the Shop on the first working day following its termination (including the battery charger, basket, smartphone holder and any other accessory that is part of the Bike or Bus, all in good condition and working order).

 

  1. Rules of use

8.1 During the Subscription period, the Customer undertakes to use the product with due diligence, in accordance with its characteristics and avoiding situations that may cause damage on it (such as prolonged exposure to water or prolonged parking outside) and to third parties.

8.2 The Customer shall use the product within the national territory, being prohibited its use outside of it. In case of non-compliance with this prohibition, PANOT shall be entitled to immediately terminate the Contract and may additionally claim for any damages resulting therefrom.

8.3 The use of the product will be under the sole responsibility of the Customer, being the Customer directly and exclusively responsible for any damage or injury to himself or to the product or to third parties. PANOT shall only be liable for damages caused by manufacturing defects of the product.

8.4 The use of the product by the Customer shall be covered by protection (the Comfort Protection, included in the Fee, or the Full Coverage “Total Protection”, if chosen by the Customer), in accordance with the coverage, conditions and exclusions detailed in section 11 and 12 below.

8.5 PANOT only allows the Subscription of the Bike or Bus for personal use, prohibiting its use for the exercise of professional activities, both for own or third party, without prior consent from PANOT (except for the Professional Plan). In case of breach of this prohibition, PANOT shall be entitled to immediately terminate the Contract, and shall be entitled to claim from the Customer as a penalty the amounts indicated in paragraph 14.3 below.

8.6 Fines, penalties, fees, surcharges and administrative costs due to traffic violations or violations of laws, regulations or ordinances, incurred by the Customer shall be paid by the Customer, exempting PANOT from any liability in this regard. If, due to the Customer's misuse, the product is taken away by the authorities and PANOT is forced to recover it from a depot, PANOT shall be entitled to charge the Customer for all the economic costs derived from such recovery.

8.7 The Customer must effectively protect the productagainst theft and damage by using all security measures provided by PANOT (double lock and in the case of the Bus, also chain).

The Customer is obliged to secure the product at all times by properly securing it with a double lock (and in the case of the Bus, also chain) and only at authorized locations.

8.8 In the event that a Customer experiences a malfunction of the lock, the Customer shall use an alternative method.

If it is not possible to properly lock the product and no alternative method of protection is available, the Customer shall be obliged to monitor it at all times and shall be obliged to immediately inform PANOT of the malfunction, loss or theft of the lock or key.

In the event of theft or loss of the lock key, PANOT will provide the Customer with a copy of the padlock key at the additional cost set forth in paragraph 14 below.

8.9 Before each use, the Customer must check the condition of the product as a whole (including the battery, mobile support and accessories) for any defects or malfunctions.

If any of these are noticed before or during use, the Customer must immediately refrain or stop using the product and contact PANOT.

8.10 Particularly in the case of the child seat or the padded bench or the front basket, the Customer shall be obliged to check its functionality and anchorage before each use, as well as to inform himself about its permitted use, age limits in case of the child seat (loading of persons in the basket is prohibited), weight, belt/strap mechanisms and instructions for use which are contained in the information provided by PANOT.

PANOT shall not be liable for any damage to the Customer or third parties caused as a result of misuse of the child seat, padded bench, or basket.

8.11 The charger provided by PANOT must only be used to charge the battery of the produc, any other use being forbidden.

8.12 The Customer is responsible for recharging the battery at its own cost with respect to the electricity consumed and only using the charger provided by PANOT.

8.13 The Customer may use the product up to a limit of five hundred (500) kilometers per month. If this limit is exceeded, PANOT shall be entitled to claim from the Customer as a penalty the amounts indicated in paragraph 14.5 below (this mileage limit shall not apply to Customers who subscribe to the Panot Bike Professional Plan, which shall have an unlimited number of kilometers).

 

  1. Ownership of the product

9.1 The Subscription consists of the lease of the Bike/Bus, but not its acquisition by the Customer. Ownership of the Bike/Bus shall at all times remain with PANOT.

9.2 The Customer may not dispose of, transfer the use of, sublet or pledge the product to third parties.

9.3 The Customer may not alter the product or its accessories.

 

  1. Maintenance service. Revisions

10.1 The Subscription Fee includes an annual service and maintenance service to cover the need for spare parts or repairs arising from normal use of the product. PANOT will contact the Customer fifteen (15) calendar days in advance to coordinate the date and time slot for an appointment at the Store for the annual service and maintenance of the product.

10.2 PANOT, through its IT system, may identify anomalies or malfunctions of the Bike/ Bus and the need for revisions and/or repairs. The Customer agrees to comply with PANOT's requirements in this regard and to coordinate with PANOT for an appointment in the Store when requested to do so, in order to check the product.

 

  1. Mechanical assistance service

11.1 Both Comfort Protection and Total Protection guarantee mechanical assistance to deal with repairs necessary to ensure the proper functioning of the product (except those resulting from general misuse by the Customer).

11.2 If the Customer notices, before or during use, any type of defect or malfunction of the product (including the battery and accessories) or if the product is involved in an accident, the Customer must immediately refrain or stop using the product and contact PANOT within a maximum period of twenty-four (24) hours after becoming aware of the possible defect or malfunction or after the accident has occurred (except in cases of force majeure), regardless of the magnitude, causes or person responsible for such damage. In such communication, the Customer must identify himself/herself, indicating name, surname and ID number in order to verify that the Customer is entitled to assistance.

11.3 PANOT, after verifying the Customer's right to assistance, shall contact the Customer and indicate the procedure to follow for the assessment and repair of the product, undertaking to provide a replacement electric bicycle (in the event that the repair is not expected to be carried out within a maximum period of forty-eight (48) hours from the time the Customer delivers the product for repair).

11.4 In the event of an accident, the Customer undertakes to: (i) provide all the details of the accident (details of the other party, witnesses, number plate, accident diagram, etc.); (ii) notify the other party of the accident, etc.); (iii) notify the other party of the accident, etc. ); (ii) to notify, if applicable, the traffic authorities; (iii) not to abandon the Bike and/or Bus without taking appropriate measures to protect it; (iv) to send PANOT a copy of the official accident report and any other documents, information and/or photographs requested by PANOT regarding the accident and; (v) to cooperate with PANOT for the investigation of the accident and to submit the necessary documents without delay. In the event of an accident with the product, the Customer shall not accept (on its own behalf or on behalf of PANOT) any liability to a third party without the prior consent of PANOT. Otherwise, the Customer alone shall bear the consequences of such liability, exempting PANOT from any claims in this respect.

 

  1. Theft of the Product and/or accessories

12.1 In case of theft of the product and/or accessories, the Customer must contact PANOT within twenty-four (24) hours of becoming aware of the theft.

12.2 The Comfort Protection included in the Subscription Fee provides coverage in the event of theft of the product (unless it is due to a cause attributable to the Customer or in the other cases indicated in section 12.7).

12.3 The Comfort Protection covers eighty percent (80%) of the price of the product, for the purpose of theft, with the Customer having to assume the remaining twenty percent (20%) (exact amount established in paragraph 14 below).

12.4 In the event that the Customer selects at the time of contracting the Total Protection, such protection shall cover one hundred percent (100%) of the total price of the product and its accessories, with the exception of the battery (except for causes attributable to the Customer or other cases indicated in section 12.7).

12.5 The Customer is obliged to protect the product using all security measures provided by PANOT (double lock). Otherwise the Customer will not be covered in case of theft.

12.6 In order to benefit from the coverage in case of theft, the Customer must prove that he/she has reported the crime or misdemeanor to the competent authority and provide the key of the lock delivered by PANOT together with the e-bike.

12.7 The following are the risks excluded from the coverage of the Comfort Protection and Total Protection, which will not be covered in any case:

  • Larceny.
  • Spoilation
  • Losses caused in bad faith or gross negligence on the part of the insured, their family members or persons dependent on them or living with them, or when these same persons have committed the events as perpetrators, accomplices or accessories.
  • Partial theft of the product or of its component parts, as well as of all those elements of improvement, accessories and ornamentation of the same. Notwithstanding the above, in the event that the Client chooses to take out Total Protection, such protection shall cover one hundred percent (100%) of the total price of the accessories in the event of theft (except for the battery).
  • The abandonment, unjustified loss or disappearance of the product.
  • Any theft in which the insured cannot provide proof that the product has been insured in accordance with the provisions of section 12.5 above.

 

  1. Termination of the Subscription Contract. Return of the Product

13.1 The Subscription Agreement may be terminated by PANOT for the following reasons:

a) Non-payment by the Customer of two (2) consecutive Installments.

b) The essential breach of the provisions of these General Conditions, understood as (but not limited to) the use of the product outside the national territory, use for professional activities (except for the Professional Plan), alteration or manipulation of the product and / or accessories.

In the event of any of the above, PANOT will notify the Customer, with justification of the cause of termination, the effective date and the indication of the return of the Bike/Bus in the Store.

13.2 In the event of termination of the Subscription Agreement for any reason (cancellation by the Customer or termination by PANOT for the reasons stated in paragraph 13.1 above), the Customer shall return the Bike/Bus, together with its accessories, to the Store within seven (7) working days following the communication received from PANOT.

13.3 After the Customer has returned the Bike/Bus and its accessories, PANOT will check the condition and functioning of the same and, in the event that the product and/or accessories are not in perfect condition and function normally, PANOT shall be entitled to claim from the Customer as a penalty the amounts indicated in paragraph 14 below

13.4 In the event that the Customer does not return the Bike/Bus within the period indicated (7 days), PANOT shall be entitled to claim from the Customer the price of the e-bike and accessories indicated in paragraph 14 below, exercising for this purpose the appropriate legal actions for collection and recovery of the Bike/Bus.

13.5 PANOT shall be entitled to claim from the Customer any other damages, losses, costs or expenses incurred as a result of the Customer's failure to return the product.

 

  1. Amounts to be paid by the Customer in the cases indicated (penalties).

14.1 Theft and/or loss:

  • Stolen Bike, properly secured without battery (with Total Protection): 0€.
  • Stolen Bike, properly secured without battery (with Comfort Protection): 500€.
  • Bike stolen, not secured or not properly secured (without battery): 1.100€.
  • Bike stolen, not secured or not properly secured (including stolen battery): 1.400€.
  • Bike not returned after the end of the Contract: 1.400€.
  • Stolen Bus, correctly secured without battery (with Total Protection): €0.
  • Stolen Bus, properly secured without battery (with Comfort Protection): Panot Bus: 700€; Panot Bus Sport: 880€; Panot Bus Turbo: 940€.
  • Stole Bus, not secured or not properly secured (without battery): Panot Bus: 2.799€; Panot Bus Sport: 3.890€; Panot Bus Turbo: 4.190€.
  • Stolen Bus, not secured or not properly secured (including stolen battery): Panot Bus: 3.499€; Panot Bus Sport: 4.390€; Panot Bus Turbo: 4.690€.
  • Bus not returned after the end of the Contract: Panot Bus: 3.499€; Panot Bus Sport: 4.390€; Panot Bus Turbo: 4.690€.

14.2 Theft and/or loss of accessories:

  • Battery of the Bike (with Total Protection): 300€.
  • Battery of the Bike (with Comfort Protection): 300€.
  • Lost key of the Bike (with Total Protection): 0€
  • Lost key of the Bike (with Comfort Protection): 15€.
  • Battery charger of the Bike (with Full Protection): 0€
  • Battery charger of the Bike (with Comfort Protection): 25€.
  • Child seat of the Bike (with Total Protection): 0€
  • Child seat of the Bike (with Comfort Protection): 35€
  • Basket or luggage carrier of the Bike (with Total Protection): 0€
  • Basket or luggage carrier of the Bike (with Comfort Protection): 40€.
  • Bike rear-view mirror of the Bike (with Total Protection): 0€.
  • Bike rear-view mirror of the Bike (with Comfort Protection): 15€.
  • Double kickstand of the Bike (with Total Protection): 0€
  • Double kickstand of the Bike (with Comfort Protection): 20€.
  • Smartphone holder of the Bike (with Total Protection): 0€
  • Smartphone holder of the Bike (with Comfort Protection): 20€.
  • Seat post of the Bike (with Full Protection): 0€
  • Seat post of the Bike (with Comfort Protection): 10€
  • Saddle of the Bike (with Total Protection): 0€.
  • Saddle of the Bike (with Comfort Protection): 20€.
  • Bus battery (with Total Protection): 500€
  • Bus battery (with Comfort Protection): 500€
  • Lost Bus key (with Total Protection): 0€
  • Lost Bus key (with Comfort Protection): 15€
  • Bus battery charger (with Full Protection): 0€
  • Bus battery charger (with Comfort Protection): 65€
  • Bus child seat (with Total Protection): 0€
  • Bus child seat (with Comfort Protection): 35€
  • Bus basket or luggage carrier (with Total Protection): 0€
  • Bus basket or luggage rack (with Comfort Protection): 80€
  • Bus padded seat with Total Protection: 0€
  • Bus padded seat with Comfort Protection: 10€.
  • Bus rear-view mirror (with Full Protection): 0€
  • Bus rear-view mirror (with Comfort Protection): 15€.
  • Bus Smartphone holder (with Total Protection): €0
  • Bus Smartphone holder (with Comfort Protection): 20€.

14.3 Unauthorized commercial use:

  • Bike used for commercial use (without prior authorization): 250€.
  • Bike sublet for commercial use: 250€.
  • Bus used for commercial use (without prior authorisation): 250€.
  • Bus sublet for commercial use: 250€.

14.4 Maintenance and damage:

  • Bike not available at the place indicated for the requested on-site maintenance: 15€.
  • Severe damage to the Bike: up to 500€.
  • Cleaning in case of extraordinary dirt: 30€.
  • Pick-up of the Bike in case of non-payment or termination of the Contract: 50€.
  • Bus not available at the place indicated for the requested maintenance: 15 €.
  • Severe damage to the Bus: up to 1.000 €.
  • Cleaning of the Bus in case of extraordinary dirtiness: 50 €.
  • Pick-up of the Bus in case of non-payment or termination of the contract: 80 €.

14.5 Others:

  • Bike removal from the depot: 50€.
  • Unlocking the Bike lock in plans without home service or out of coverage area: 50€.
  • Bike supplement for dishonesty in case of false declarations: up to 250€.
  • Bike detected without being insured: 50€.
  • Exceeding the monthly mileage limit allowed (500 km) for Bike model, unless the Professional Plan is contracted: 100€.
  • Withdrawal of the Bus from the depot: 100€.
  • Unlocking the Bus lock in plans without home service or outside the coverage area: 100€.
  • Bus supplement for dishonesty in case of false declarations: up to 250€.
  • Bus detected without being insured: 100€.
  • Exceeding the permitted monthly mileage limit of the Bus (500 km): 100€.

 

  1. Applicable law and jurisdiction over the Contract

15.1 In the event that any of the clauses (paragraphs) of these General Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of it that is null or ineffective, the clause and/or other clauses remaining in all other respects, and such provision, or the part of it that is affected, shall be deemed not to be in force.

PANOT undertakes to replace such clause with another that is faithful to the spirit of such clause declared null and void or ineffective.

15.2 These General Terms and Conditions shall be governed by and construed in accordance with the laws of Spain. All disputes arising in connection with the Contract shall be submitted to the competent Courts and Tribunals of Barcelona, unless otherwise required by law.

 

  1. Data protection

16.1 PANOT will collect and process personal data in accordance with the European Data Protection Regulation (GDPR) and to the extent necessary to provide the subscription services and to carry out and improve administrative tasks.

16.2 Prior to providing personal data to PANOT, the Customer will have access to PANOT's Privacy Policy and may or may not agree to provide such data.

16.3 The Customer has the right to access, rectify, oppose and delete personal information related to his subscription. These rights can be exercised by sending an email to hey@panotmobility.com or by mail to Balmes Street 362, 08006, Barcelona, based on the provisions of the spanish law 15/1999, of December 13, “Ley de protección de datos”.