General Conditions of Use

GENERAL TERMS AND CONDITIONS OF USE FOR THE SERVICES AVAILABLE ON THE ACCIONA RECARGA APP AND WEBSITE

These General Terms and Conditions of Use (the ‘Terms and Conditions’) constitute a legally binding agreement (the “Agreement”) between the User (you) and ACCIONA RECARGA, S.L. (‘Acciona Recarga S.L.’), governing and regulating your access to and use of the Acciona Recarga S.L. website, as well as any subdomain thereof, or any other website through which Acciona Recarga S.L. makes the Acciona Recarga S.L. Services available (collectively referred to as the ‘Website’), our applications for mobile phones, electronic tablets and other smart devices, as well as application program interfaces and all associated Services (the ‘Services’). Hereinafter, these websites, applications and Services shall be collectively referred to as the “Acciona Recarga S.L. Platform”. When these Terms use “Acciona Recarga S.L.”, “we” or “our” (and other variations included), they refer to the company Acciona Recarga S.L. with which you are entering into this Agreement.

NOTICE TO THE USER: Please read this Agreement carefully before accepting its contents, as you are accepting all the Conditions included in the Agreement and fully accepting its terms, which will be fully applicable in your relationship with Acciona Recarga S.L. and in relation to the use of the Acciona Recarga S.L. Platform.

Similarly, if you do not accept these Terms and Conditions in their entirety, do not accept them and do not use the Acciona Recarga S.L. Platform. Use of any of the Services available on the Acciona Recarga S.L. Platform implies adherence to and express acceptance without reservation of each and every one of these Terms and Conditions of Use by the User. These shall govern the relationship between the User and Acciona Recarga S.L. in the version published at the time the User accesses the Acciona Recarga S.L. Platform to use the Services.

By accepting the terms and conditions set out below, the User also accepts the general terms and conditions of the PAYPAL payment gateway and the general terms and conditions of the Caixa Bank virtual payment gateway. Acciona Recarga S.L. is not responsible for the content of these, which belong to companies outside its group.

1. PURPOSE

The purpose of this document is to establish the General Terms and Conditions of Use for the Services available on the Acciona Recarga S.L. Platform, owned by ACCIONA RECARGA, S.L., with Tax ID number B87797361 and registered address at Gran Via de Hortaleza 1 (Madrid, Spain), registered in the Madrid Mercantile Registry, with email address recarga@acciona.com and telephone number 961679024.

These Terms and Conditions do not exclude the possibility that certain Services available on the Acciona Recarga S.L. Platform, due to their particular characteristics, may be subject to their own Specific Terms and Conditions in addition to these Terms and Conditions. In the event of any discrepancy between the Terms and Conditions and the Specific Terms and Conditions, the Specific Terms and Conditions shall prevail.

Acciona Recarga S.L., in order to improve the performance of the website, reserves the right to modify, expand or temporarily suspend the presentation, configuration, technical specifications, content and services of the website, as well as to adapt them, and these Conditions, to the evolution of the Services, the applicable legislation in force at any given time, new case law and customary market practices. However, in the event of a substantial modification, the User will be informed and must accept the modifications in order to continue using the Acciona Recarga S.L. Platform. Consequently, the User must carefully read these Terms and Conditions (as well as any applicable Specific Terms and Conditions) each time they use the Acciona Recarga S.L. Platform.

2. ACCESS AND USE OF THE ACCIONA RECARGA S.L. PLATFORM

2.1 USER
Acceptance of the Terms and Conditions and Privacy Policy, together with the use of any Service available on the Acciona Recarga S.L. Platform, confers the status of User of the same, either as a ChargeOwner (advertiser of car parks with or without electric vehicle charging points) or ChargeUser (user seeking car parks with or without charging points).

To use the Services available on the Acciona Recarga S.L. Platform, you must be of legal age.


2.2 REGISTRATION
In general, in order to access the Services available on the Acciona Recarga S.L. Platform, Users must first register. This registration shall be carried out in the manner expressly indicated in the Service itself.

System Users undertake to provide accurate personal information when registering, and/or at any subsequent time when Acciona Recarga S.L. requires it, providing, among other information, their username, email address, first name, surname(s) and telephone number. Acciona Recarga S.L. requests this information from its Users in order to provide a more secure and reliable service. Users who provide false information may be suspended or expelled from the Platform and may face charges for damages caused by identity fraud, in accordance with these Terms and Conditions.

Acciona Recarga S.L. is not responsible for the authenticity of the data provided by Users when registering (nor does it monitor it), nor for any damages that any falsehood may cause.

2.3 DEFINITION OF DRIVER USER (CHARGEUSER) AND OWNER USER (CHARGEOWNER)


ChargeUser: electric vehicle user.
ChargeOwner: owner of a parking space with or without a charging point.


2.4 USE OF THE ACCIONA RECARGA S.L. PLATFORM AND ITS SERVICES
The User acknowledges and accepts that the use of the content and/or Services offered by Acciona Recarga S.L. shall be at their sole risk and/or responsibility. The User undertakes to use the Acciona Recarga S.L. Platform and all its content and Services in accordance with the law, morality, public order and these Terms and Conditions, as well as any Specific Terms and Conditions that may apply.

Likewise, you agree to make appropriate use of the Services and/or content of the Acciona Recarga S.L. Platform, and not to use them to carry out illegal or criminal activities that violate the rights of third parties and/or infringe intellectual and industrial property regulations, or any other applicable legal regulations.

The User undertakes not to transmit, introduce, disseminate or make available to third parties any type of material or information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that is contrary to the law, morality, public order and these Conditions and, where applicable, the Specific Conditions that may apply. By way of example, and in no case limited or exclusive, the User undertakes to:

2.4.1 Do not introduce or disseminate content or propaganda promoting terrorism or hatred against any person or group of persons, for any reason (in particular, national, racial or religious) or that in any way violates human rights.

2.4.2 Not to introduce or disseminate data programmes (viruses, malware, or other harmful software) on the network that could cause damage to the computer systems of the access provider, its suppliers, or any other users of the Internet.

2.4.3 Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms, as recognised in the constitution and in international treaties.

2.4.4 Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.

2.4.5 Not to transmit unsolicited or unauthorised advertising, promotional material or any other form of commercial propaganda, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.

2.4.6 Not to introduce or disseminate any false, ambiguous or inaccurate information or content in a way that misleads the recipients of the information.

2.4.7 Not to impersonate other users by using their registration passwords for the various Services and/or content of the Acciona Recarga S.L. Platform.

2.4.8 Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the Intellectual and Industrial Property Rights corresponding to the owners of the Acciona Recarga S.L. Platform or to third parties.

2.4.9 Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and personal data legislation.

2.4.10 Not to include on our pages any content that indicates or promotes discrimination on the grounds of sex, religion, race, opinion, nationality, disability or any other violation of the fundamental rights and freedoms recognised by Spanish law; that induces or incites illegal behaviour or leads to erroneous conclusions due to inaccuracy, omission or similar; that contain false or obsolete information; that infringe legal or regulatory rules on the secrecy of communications, intellectual property, the right to honour and personal privacy, or that incorporate violent or degrading content, messages or products.


Acciona Recarga S.L. reserves the right to delete any content uploaded by Users that, in its sole discretion, violates the prohibitions set forth in this clause 2.4, or that violates the principle of protection of youth and children.

Notwithstanding the foregoing, Acciona Recarga S.L. does not review or monitor content that may be uploaded by users, acting merely as an intermediary between the ChargeUser and the ChargeOwner.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY.

For the purposes of the Agreement, Intellectual and Industrial Property Rights means all intellectual and industrial property rights anywhere in the world, whether registered or unregistered, including, without limitation, patents, utility models and industrial designs, industrial designs and drawings, inventions, trademarks and other distinctive signs (whether registered or unregistered), trade names, copyrights (excluding moral rights and including, without limitation, all exploitation rights, including without limitation the rights of reproduction, transformation (including the authorization to exercise any exploitation rights over the result of the transformation throughout the life of the rights of the owner of the transformed work), distribution, public communication, and making available to third parties, all of them in relation to any form of exploitation that may be applicable) and other associated rights, rights over domain names, rights over databases (including sui generis) and rights over designs and models (whether registered or not), rights over semiconductors and topographies, other intellectual property rights and “related” rights as defined in the applicable regulations, copyright, rights to industrial mechanisms, know-how, and trade secrets, as well as all other rights of a similar nature that may require similar protection anywhere in the world.

The Acciona Recarga S.L. Platform is the exclusive property of Acciona Recarga S.L. Likewise, the Intellectual and Industrial Property Rights relating to the Acciona Recarga S.L. Platform (including, without limitation, the app and website), its pages, screens, the information they contain, code, appearance and design (look and feel), as well as the links established from it to other websites of any of the companies indicated above, are the exclusive property of the latter, unless otherwise specified. Any misuse of the same by a person other than its legitimate owner may be prosecuted in accordance with current legislation. It is prohibited to reproduce, transmit, modify, or delete the information, content, or warnings on this Platform without the prior written authorization of its owner, as well as the extraction of information through data mining or web scraping techniques.

The User acknowledges that all elements of the Acciona Recarga S.L. Platform and each of the Services provided through it, the information and materials contained therein, the structure, selection, arrangement, and presentation of its contents, and the computer programs used in connection therewith are protected by Intellectual and Industrial Property Rights owned by Acciona Recarga S.L. or third parties.

Unless expressly authorized in writing by ACCIONA Recarga or, where applicable, by the third parties holding the corresponding rights, or unless legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or in any other way allow public access through any form of public communication of any of the elements referred to in the previous paragraph. In particular, the use of texts, images, advertisements, and any other element included on the Acciona Recarga S.L. Platform for subsequent inclusion or reproduction, whether in whole or in part, on other websites outside Acciona Recarga S.L. is strictly prohibited without the prior written authorization of Acciona Recarga S.L..

The User must refrain from modifying or deleting the identifying signs of the Intellectual and Industrial Property Rights owned by Acciona Recarga S.L. or by third parties appearing on the Acciona Recarga S.L. Platform in each of the various Services offered through them. Likewise, the User must refrain from circumventing or manipulating any technical devices established by Acciona Recarga S.L. or by third parties, whether on the Acciona Recarga S.L. Platform, in any of the Services, or in any of the materials, elements, or information obtained through it. To protect its own rights, as well as to safeguard the rights of third parties, Acciona Recarga S.L. may take all appropriate legal action, whether administrative, civil, or criminal, against infringements by users.

Acciona Recarga S.L. reserves the right to disseminate and modify, in whole or in part, the advertisements published by any User on third-party websites, in advertising campaigns to promote Acciona Recarga S.L. (both its own and those of third-party companies with which Acciona Recarga S.L. may enter into agreements), as well as through other websites, such as social networks or blogs, with the User accepting this condition for the maximum period provided for by law.

The user authorizes the reproduction, distribution, transformation, and public communication of the photographs included in their advertisement for the purposes described in the previous paragraph, for the maximum period permitted by applicable regulations and anywhere in the world, which shall include the application of Acciona Recarga S.L. watermarks in order to prevent third parties from making unauthorized use of them.

4. DISCLAIMER OF WARRANTIES. LIABILITY.

4.1. Access to, registration on, and use of the Acciona Recarga S.L. Platform and Services shall be the sole responsibility of the User.

4.2. Acciona Recarga S.L. does not guarantee the availability, access, and continuity of the Acciona Recarga S.L. Platform and its Services at all times, as it is possible that at certain times (updates, temporary unavailability, etc.) it may not be possible to access them. On these occasions, we will work to restore the Services as soon as possible and will notify Users, where appropriate, via the Acciona Recarga S.L. Platform. Acciona Recarga S.L. shall not be liable for any damages caused to the User as a result thereof, except in cases of gross negligence or wilful misconduct.

4.3. Acciona Recarga S.L. shall be solely and exclusively liable for the Services it provides and for the content directly originated by itself and identified by its identifying marks. This liability shall be excluded in cases of force majeure or in cases where the User's equipment configuration is not suitable for the proper use of the Internet Services provided by Acciona Recarga S.L., excluding in all cases liability for indirect damages or loss of profits, except in cases of gross negligence or wilful misconduct. Acciona Recarga S.L. shall not be liable for errors, lack of functionality, or security breaches due to the User's failure to download updates within five days, except in cases of gross negligence or wilful misconduct.

Acciona Recarga S.L. assumes no responsibility for the processing of data published by Users by third parties (such as those indicated here by way of example, and in no case limited or exclusive: websites, aggregators, applications or payment platforms, social networks, or blogs), and can only commit to rectifying, updating, or canceling (removing) the information (in particular, advertisements) contained on the website and mobile applications owned by Acciona Recarga S.L. and its own databases.

Acciona Recarga S.L. is not responsible for the possible appearance of advertisements indexed in search engines outside Acciona Recarga S.L. once they have been removed from our databases.

Acciona Recarga S.L. does not exercise any prior control, nor does it approve or endorse the content, Services, opinions, communications, data, files, products, or any other type of information that third parties, whether legal entities or individuals, introduce on the Acciona Recarga S.L. website. Similarly, it does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, completeness, or timeliness of the content, information, and services provided by third parties through the Acciona Recarga S.L. platform. Acciona Recarga S.L. does not control in advance and does not guarantee the absence of viruses and other elements in the content and services provided by third parties through the Acciona Recarga S.L. platform that may cause alterations to the computer system, electronic documents, or files of users, without prejudice to the technical measures and controls that Acciona Recarga S.L. implements to protect the Acciona Recarga S.L. platform.

Acciona Recarga S.L. shall not be liable, either indirectly or subsidiarily, for damages of any kind arising from the use and contracting of third-party content and services on the Acciona Recarga S.L. Platform, or for the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness, and timeliness thereof, except in cases of wilful misconduct or gross negligence. By way of example, and in no case limited to, it shall not be liable for damages of any kind arising from: a) the infringement of intellectual and industrial property rights and the defective fulfillment or breach of contractual commitments acquired by third parties; b) the performance of acts of unfair competition and/or illegal or misleading advertising; c) the inadequacy and disappointment of expectations of the Services and content of third parties; d) faults and defects of any kind in the services and content of third parties provided through the Acciona Recarga S.L. Platform.

Acciona Recarga S.L. shall not be liable, either indirectly or subsidiarily, for damages of any kind arising from the negligent or malicious use of User accounts and/or credentials used for any type of insertion, communication, management, or action on the Acciona Recarga S.L. Platform. The User must notify us as soon as possible if they suspect that a third party has impersonated them or if their password has been compromised.

Acciona Recarga S.L. shall not be liable, either indirectly or subsidiarily, for damages of any kind caused to the User as a result of the presence of viruses or other elements in the content and Services provided by third parties that may cause alterations to the computer system, electronic documents, or files of users, provided that Acciona Recarga S.L. adopts security measures appropriate to the risk.

The exemption from liability indicated in the preceding paragraphs shall apply both in the event that Acciona Recarga S.L. has no actual knowledge that the activity or information stored is unlawful or damages the property or rights of a third party liable for compensation, and in the event that it does have such knowledge but acts diligently to remove the data and content or make access to them impossible.

The exemption from liability shall not apply in cases (and to the extent) where it is not permitted by applicable regulations. In particular, if the Services of the Acciona Recarga S.L. Platform do not comply with the Contract, the User shall be entitled to demand that they be brought into compliance, in accordance with current regulations.

4.4. Acciona Recarga S.L. provides Users (who are specially authorized to do so) with technical linking devices and search tools that allow Users to access websites owned by other entities (text links).

The duly authorized User acknowledges and accepts that the use of the contents of the linked web pages will be at their sole risk and responsibility and exempts Acciona Recarga S.L. from any responsibility for the technical availability of the linked web pages, the quality, reliability, accuracy, and/or veracity of the Services, information, elements, and/or content that the User may access on them and in the search directories included in the Acciona Recarga S.L. Platform.

Acciona Recarga S.L. shall not be liable, either indirectly or subsidiarily, for damages of any kind arising from: a) the operation, unavailability, inaccessibility, and lack of continuity of the linked websites and/or available search directories; b) the lack of maintenance and updating of the content and Services contained in the linked websites; c) the lack of quality, inaccuracy, illegality, or uselessness of the content and Services of the linked web pages.

The exemption from liability indicated in the preceding paragraphs shall apply both in the event that Acciona Recarga S.L. has no actual knowledge that the activity or information to which it refers is unlawful or damages the property or rights of a third party liable for compensation, and in the event that it does have such knowledge but acts diligently to remove the data and content or make access to them impossible.

4.5. Acciona Recarga S.L. does not guarantee that Users of the Acciona Recarga S.L. Platform will use its content and/or Services in accordance with the law, morality, public order, or these Terms and Conditions and, where applicable, any Specific Terms and Conditions that may apply. Likewise, it does not guarantee the veracity and accuracy, completeness, and/or authenticity of the data and/or information provided by Users. In particular, the User declares that they are aware and accept that Acciona Recarga S.L. does not physically visit or carry out any checks on the electric vehicle charging points advertised on the Acciona Recarga S.L. Platform, and therefore the information provided to it by Users cannot be verified by Acciona Recarga S.L..

Acciona Recarga S.L. shall not be liable, indirectly or subsidiarily, for damages of any kind arising from the use of the Services and content available on the Acciona Recarga S.L. Platform by Users, or that may arise from the lack of truthfulness, accuracy, and/or authenticity of the data or information provided by Users, or from the impersonation of a third party by a User in any kind of action through the Platform. By way of example, but not limited to, ACCIONA Recarga shall not be indirectly or subsidiarily liable for: a) the content, information, opinions, and statements of any User or third parties or entities that are communicated or displayed through the Acciona Recarga S.L. Platform; b) damages caused to third parties arising from the User's use of the Services and content of the Platform; c) damages caused by the lack of truthfulness, accuracy, or incorrectness of the identity of users and any information they provide or make available to other users;d) damages arising from infringements by any user that affect the rights of another user or third parties, including copyrights, trademarks, patents, confidential information, and/or any other intellectual and industrial property rights. The exemption from liability shall not apply in cases (and to the extent) where it is not permitted by applicable law. 

Acciona Recarga S.L. provides Users with a system for rating and reporting incidents. This allows Users to rate each other and report breaches. This system will be directly accessible from the panel that the driver uses to manage the reservation. When the ChargeUser selects the ‘report’ option, the ChargeOwner's virtual wallet is frozen (so that they cannot transfer their virtual earnings to their bank account), remaining in that state until an Acciona Recarga S.L. operator makes a decision regarding the reported incident.

A User who is reported (for non-compliance) will be evaluated by Acciona Recarga S.L. staff and may be expelled from the Platform, prohibiting them from accessing it in the future, and may be deprived of the right to transfer the earnings accumulated in the virtual wallet to their bank account to the extent that such breach causes financial damage to another User or to Acciona Recarga S.L., with the surplus (if any) being refunded. In any case, Acciona Recarga S.L. will notify the User of the decision to exclude or suspend them and will offer them the opportunity to clarify the facts and circumstances that have led to the breach of these Terms and Conditions and/or the Specific Terms and Conditions.

Furthermore, reporting incidents incorrectly and abusively will be punished in the same way, with Acciona Recarga S.L. having the power to make such decisions, without prejudice to any legal action it may take in accordance with current regulations.

5. SERVICES AND CONTRACTING BETWEEN USERS THROUGH THE ACCIONA RECARGA S.L. PLATFORM.

5.1 ChargeUser: how to request reservations

Once registered, the User may request a reservation for any parking space that interests them, from among those available on the Acciona Recarga S.L. Platform, following the procedure indicated.

In order to request a reservation, the ChargeUser must select the payment method and enter a credit card into the system, which will be verified in accordance with section 5.1.1.

5.1.1 Verification

This consists of a liquidity check, expressly consented to by the User, called “pre-auth,” which is performed the first time a card is registered, by automatically charging and refunding EUR 1 to the account underlying the card in question. It will appear as a charge, although it is merely a security block. That euro will be immediately refunded, although due to banking operations it may take up to seven (7) business days to be unblocked.

If the ChargeOwner confirms the reservation, the total amount of the rental and the Acciona Recarga S.L. commission will be blocked on the ChargeUser's card for transfer to the ChargeOwner's virtual wallet once the rental has been completed without incident, within the applicable time limits for each type of rental.

The ChargeUser has 24 hours to report an incident, in accordance with the terms of section 4.5, and, where applicable, to be eligible for a refund, in accordance with our Cancellation Policy, which is detailed in section 5.6 below.

5.2. ChargeOwner: how to publish a parking space

You may publish advertisements to rent parking spaces you own to ChargeUsers, after registering as a User and following the procedure indicated on the Platform.

The advertisement published by the ChargeOwner will remain on Acciona Recarga S.L. indefinitely, until the User deactivates it (or until it is removed by an Acciona Recarga S.L. operator in the event of expulsion from the Platform, in accordance with these Terms and Conditions).

Acciona Recarga S.L. reserves the right to remove or suspend the advertisement published by the ChargeOwner at any time, in order to ensure that the content of the advertisement complies with the terms and conditions of these Terms and Conditions, which will be notified to the User through the Acciona Recarga S.L. Platform.

ChargeOwners accumulate earnings from renting their parking space in a ‘virtual wallet’ and can transfer these earnings to their bank account free of charge (in order to make the transfer, the User must provide the IBAN and BIC/SWIFT codes corresponding to their bank account), within the time frames corresponding to the type of rental, in accordance with the specific conditions agreed between the ChargeOwner and Acciona Recarga S.L..

ChargeOwners may also become ChargeUsers and rent parking spaces within the Acciona Recarga S.L. Platform with the balance available in their virtual wallet, if it is sufficient to cover the rental price and Acciona Recarga S.L.'s commission.

5.3. Acciona Recarga S.L. commission.

Acciona Recarga S.L. charges a commission for its intermediary services. The amount of the commission will depend on the type of service contracted and may be subject to change due to promotions or discounts, which the ChargeUser acknowledges and accepts, as they will be able to clearly see the amount of commission applied to each reservation before confirming it.

The Acciona Recarga S.L. commission is paid by the ChargeUser except in certain cases of cancellation by the ChargeOwner, as detailed in section 5.6 below, and its amount is clearly identified in the breakdown that the ChargeUser receives immediately before formalizing the reservation.

5.4. Nature and scope of the service provided by Acciona Recarga S.L.. Disclaimer

Acciona Recarga S.L. only provides an intermediary service, which puts Users (parking space providers and seekers) in contact with each other, providing them with a payment system between them through the Virtual POS gateway.

Acciona Recarga S.L. does not intend to be a source of advice or a means of establishing a professional or any other type of relationship.

Acciona Recarga S.L. will endeavor to provide the updates, including security updates, necessary to ensure the proper and secure operation of the Acciona Recarga S.L. Platform. If the User does not download the updates, the Acciona Recarga S.L. Platform may not function properly or may be exposed to computer vulnerabilities. It is the User's obligation to keep the Acciona Recarga S.L. Platform up to date. Acciona Recarga S.L. shall not be liable for any errors, lack of functionality, or security breaches due to the User's failure to download updates within five days of the update becoming available, except in cases of gross negligence or wilful misconduct.

Consequently, the User, whether a driver or owner, acknowledges and accepts that any contractual relationship that may be formalized with persons contacted (or who contact them) through the Acciona Recarga S.L. Platform is understood to be solely and exclusively between the Users.

Acciona Recarga S.L. is not responsible for users complying with what has been agreed on the Platform and, therefore, is not liable for any damages that may be caused to each other. The User accepts that Acciona Recarga S.L. has no responsibility whatsoever for damages of any kind caused as a result of their negotiations, conversations, and/or contractual or non-contractual relationships with Users contacted through the Acciona Recarga S.L. Platform. Users of the Acciona Recarga S.L. Platform are not considered entrepreneurs, and therefore consumer regulations do not apply to the relationship between Users.

In any case, the User agrees to compensate Acciona Recarga S.L., immediately upon request, for the amount of any expenses, costs, damages, and losses of any kind (including attorneys' and solicitors' fees, even if their intervention is not mandatory) incurred by Acciona Recarga S.L. as a result of any claim relating to the publication or communication to the public of the advertisement or its content, or to its contracting, including those based on violation of intellectual and industrial property rights, slander, defamation, breach of confidentiality, disclosure of secrets, breach of any legal or regulatory duty, and/or illegal, false, or misleading advertising.

5.5. Relationship between owner and driver

Users (owners of parking spaces and drivers of electric vehicles) use the Acciona Recarga S.L. Platform as a tool to enter into agreements between themselves regarding the rental of private parking spaces. Breaches of the agreements reached between Users will, in addition to other consequences that may arise from applicable legislation, result in a penalty in favor of Acciona Recarga S.L. in the event of cancellation, as detailed in our Cancellation Policy, section 5.6.

Acciona Recarga S.L. advises its users to comply with the applicable tax regulations in Spain (in particular, the impact and payment of VAT on the rental price, where applicable), although Acciona Recarga S.L. is not responsible for any breach of tax obligations by its Users.

Acciona Recarga S.L. reserves the right to intervene, modify, and rectify conversations that its Users maintain through the communication mechanisms provided on the Acciona Recarga S.L. Platform (primarily the chat). Users acknowledge and accept that Acciona Recarga S.L. staff may access the content of the chat at any time and that said staff will monitor and analyze said conversations when they deem it appropriate, in order to verify compliance with these Terms and Conditions. Acciona Recarga S.L. also reserves the right to delete and suspend the content of advertisements and reservations made by Users in order to verify compliance with these Terms and Conditions.

Acciona Recarga S.L. makes every effort to verify that the parking spaces published in the system are accurate, however, in no case is it responsible for the accuracy of the data entered by the ChargeOwner, beyond assuming the management of any refunds that may be applicable in accordance with the provisions of section 5.6 of the Cancellation Policy below.

5.6. Cancellation policy

Acciona Recarga S.L. provides its Users with a cancellation policy whose purpose is to regulate the consequences of cancellations or discrepancies between them, with the aim of ensuring that their interactions are of the highest possible quality and reliability.

The penalty and refund scheme in the event of cancellations is as follows:

1. Cancellation by the ChargeUser or ChargeOwner before the reservation is accepted will not incur any cost to either party.
2. Cancellation by the ChargeUser or ChargeOwner after the reservation has been accepted will incur the following penalties:

If canceled before the rental begins:

– Reservation created 10 minutes ago or less and/or more than one hour before the start of the reservation: there will be no cost to either party.

– Reservation created more than 10 minutes ago and less than one hour before the start of the reservation: penalty of 1 euro.

If canceled after the rental has begun, there will be no cost to either party.

The User-owner (ChargeOwner) will charge the amount corresponding to the time and/or kilowatts consumed by the User-driver (ChargeUser), with Acciona Recarga S.L. retaining only the amount corresponding to its commission.

5.7. Service Rating

At the end of each reservation, the User may rate the recharge upon completion, if they so wish. Acciona Recarga S.L. guarantees that only Users who have used the Services may make such a rating. It is expressly prohibited for the ChargeOwner to encourage a specific rating from the ChargeUser by any means (including, but not limited to, present or future discounts, gifts, compensation, etc.) outside the normal operation of the Acciona Recarga S.L. Platform. Likewise, it is expressly prohibited to request any type of consideration from the ChargeUser or to threaten a negative rating in order to obtain any consideration (including, but not limited to, present or future discounts, gifts) outside the normal operation of the Acciona Recarga S.L. Platform. Failure to comply with this section may result in the suspension or termination of the User's account.

5.8. Parameters for classifying ChargeOwners' Services

ChargeOwners' Services are classified solely on the basis of the search parameters selected by the ChargeUser. The User may select one or more of the following parameters: dates, charging speed, plug type, status, and price, with no parameter having greater relative importance than any other.

6. RIGHT OF EXCLUSION AND/OR SUSPENSION.

Acciona Recarga S.L. reserves the right to suspend, deny or withdraw access to its Platform and/or Services offered, at its own request or that of a third party, to those Users who fail to comply with these Conditions and/or the Specific Conditions that, where applicable, may be applicable. In any case, Acciona Recarga S.L. will notify the User of the decision to exclude or suspend them and will offer them the opportunity to clarify the facts and circumstances that have led to the breach of these Terms and Conditions and/or the Specific Terms and Conditions.

7. DURATION AND TERMINATION.

The provision of the Services and/or content available on the Acciona Recarga S.L. Platform is indefinite. Notwithstanding the foregoing, Acciona Recarga S.L. is entitled to terminate, suspend or interrupt the provision of the Services available on the Acciona Recarga S.L. Platform in the cases provided for in this Contract, without prejudice to the provisions of the corresponding Specific Conditions. In addition, the User may at any time terminate the Agreement and cease to use the Acciona Recarga S.L. Platform, provided that there are no outstanding obligations under the Agreement (including, without limitation, payment obligations, civil liability, etc.).

8. NOTIFICATIONS TO ACCIONA RECARGA S.L..

Notifications relating to this Agreement must be sent by email to the following email address owned by Acciona Recarga S.L.: recarga@acciona.com. Any notification to the User shall be deemed to have been made to the email address used when registering on the Acciona Recarga S.L. Platform. It is the User's responsibility to keep this email address up to date.

9. SURVIVAL OF THE CLAUSES OF THIS AGREEMENT

If any clause of these Terms and Conditions is declared, in whole or in part, null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or part thereof that is null and void or ineffective, and the Terms and Conditions shall remain in force in all other respects, with the provision or part thereof that is affected being deemed not to have been included.

To this end, the Terms and Conditions shall only cease to be valid in relation to the invalid or ineffective provision, and no other part or provision of these Terms and Conditions shall be annulled, invalidated, prejudiced or affected by such invalidity or ineffectiveness, unless, as it is essential to these Terms and Conditions, it affects them in their entirety.

10. LAW AND JURISDICTION.

All matters relating to the Acciona Recarga S.L. platform and the services available on it are governed by Spanish law. In the event of any dispute arising in relation to these Terms and Conditions or the Service, it shall be submitted to the jurisdiction of the competent courts and tribunals of the city of Madrid. If the User is a consumer, any dispute shall be submitted, at the consumer's discretion, to the courts and tribunals of their place of habitual residence.

Furthermore, if the User is a consumer, they may voluntarily refer the matter to an alternative dispute resolution entity notified to the European Commission, in accordance with European Union Directive 2013/11, available here: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

11. TRANSLATION INTO ENGLISH.

The documentation and information provided in the English version of the Acciona Recarga S.L. platform is provided for informational purposes only. In the event of any discrepancy between the contents, the original Spanish version shall prevail.