GENERAL TERMS AND CONDITIONS

1. Prior Information

These General Terms and Conditions shall govern the contracting of the services commercialised by Rivas Actividades Mercantiles S.L. (hereinafter, “DREEVEO®”) through its mobile application “DREEVEO®” (hereinafter, the “App”).

DREEVEO® details are as follows:

Company name: Rivas Actividades Mercantiles S.L.
Registered address: Balcón del Golf 22, 29660 Marbella, Spain.
Tax ID number: B92813625

The user (hereinafter, the “User”) may contact DREEVEO® at the following email address: hello@dreeveo.com

2. Acceptance of the Terms and Conditions and Access to the App

By accessing the DREEVEO® App and using its services, the User accepts these Terms and Conditions, establishing a contractual relationship between the User and DREEVEO®. These are the only Terms and Conditions applicable to the use of the App and supersede any other conditions.

Therefore, if the User does not accept these Terms and Conditions, the User will not be able to access or use DREEVEO® services.

Access to the App requires User registration; that is, in order to contract any of the services offered by DREEVEO®, Users must register in the App by creating a personal account or profile.

The collection, purpose, and use of personal data by DREEVEO® in connection with the Services is set out in the DREEVEO® Privacy Policy, available at https://dreeveo.com/es/politica-de-privacidad-dreeveo/

3. Licence

The Services offered and all rights arising from access to and use of the App are the property of DREEVEO® or of third-party rights holders who have granted their rights to DREEVEO®. None of these Terms and Conditions, nor the use of the Services, transfers or grants the User any right (i) over or in relation to the Services offered, except for the limited licence granted when the User registers and creates an account in the App; or (ii) to use or refer in any way to the company names, logos, product and service names, trademarks or service marks of DREEVEO® or its third-party licensors.

In this regard, DREEVEO® grants the User a limited, non-exclusive, non-sublicensable, revocable and non-transferable licence to: (i) access and use the App on the User’s mobile device solely for the provision of the Services offered by DREEVEO®; and (ii) access and use any content, information and materials that may be made available to the User through the Services, in each case, solely for personal and non-commercial use.

4. Description of the DREEVEO® Service

DREEVEO®, through its App, provides a technology-based information exchange service whereby a User who is occupying a public parking space may publish on the App their intention to vacate that space and an estimated departure time, so that another App User who is looking for parking in that area can access that information and make their way to the indicated location, without this constituting in any case a reservation, blocking, retention, assignment, transfer or attribution of an exclusive right of use over the parking space (hereinafter, the “Services”).

That is, DREEVEO®’s purpose is to provide a technology tool for notifying the availability of public parking spaces, based on information provided by Users themselves regarding their intention to vacate a space. DREEVEO® does not manage parking spaces, does not exploit the public domain, does not guarantee the effective availability of a space, and does not grant the User any preferential or exclusive right over it. Any monetary consideration that may be paid through the App exclusively remunerates the technology-based information intermediation and coordination service between Users, and not the occupation, use or exploitation of the public parking space.

DREEVEO® reserves the right to create and/or add new features within the App that allow the User to enjoy additional services it considers of interest to Users.

Disclaimer: It is important to emphasise that the business activity of DREEVEO® does not consist of reserving parking spaces or managing, exploiting, blocking, or attributing rights of use over public parking spaces. The Service is limited to facilitating information generated by Users regarding the estimated intention to vacate a parking space and to enabling coordination between interested Users, without prejudice to the fact that the space may be occupied by any third party outside the App and that all Users must at all times comply with applicable traffic, parking and municipal regulations.

5. User Registration Procedure in the App

Registration and activation of a User account in the App

To access and use the DREEVEO® App, the User must register in the App, accept these Terms and Conditions and create a User account. This account is exclusive to the account holder and is therefore non-transferable to third parties.

To register with DREEVEO®, the User must complete a registration form which will require personal data such as first name, surname(s), email address, phone number, vehicle make (as well as model, colour and registration plate), etc.

In this regard, it will not be mandatory to enter card or payment method details when registering in the App, but the User will be required to include them before proceeding to request or confirm an availability notice so that DREEVEO® can charge for the Services provided.

DREEVEO® reserves the right to freely accept or reject a User’s registration request. The data entered by the User in the Registration Form must be accurate, current and truthful at all times.

Once personal data has been entered, the User will be asked to set a password, which will be used for future access to the service. Each User must verify their registration using an email address or phone number.

The User shall at all times be responsible for keeping their password safe, and shall accordingly assume any damages that may arise from its misuse, as well as from its disclosure, revelation or loss.

In the event of a forgotten password or any other circumstance that poses a risk of access and/or use by unauthorised third parties, the User shall immediately notify DREEVEO® so that it can promptly block and replace the password, enabling a section where the User will be asked for their email address so that DREEVEO® can send an email enabling the User to recover or change their account access password.

In any event, any transactions carried out prior to such notification shall be deemed to have been made by the User, who shall be liable and shall assume any expenses and/or damages arising from any unauthorised access and/or use made prior to such notification.

The User is at all times aware of the Services carried out and charged, since once the availability notice has ended, all information with a summary of the transaction and the amount charged for the Service is sent both via email to the address entered in the App’s registration form and in the User’s own DREEVEO® account.

Without prejudice to the foregoing, DREEVEO® will make its best efforts to inform the User of any Service showing signs of fraud so that the User can verify as soon as possible the existence of any misappropriation or misuse of their account and, if applicable, report the potential fraud to DREEVEO® as promptly as possible.

In connection with the foregoing, the User expressly undertakes not to disclose or share their password with others and to keep it in a safe place.

For its part, DREEVEO® undertakes to implement all security measures necessary to ensure the security, confidentiality and integrity of User data, preventing third parties from accessing and/or manipulating User data.

Use of the Service by the User who vacates and publishes the space

Once the User’s account has been registered and activated in the DREEVEO® App, the User must give consent for DREEVEO® to access the User’s geolocation data in order for the contracted Service to be properly carried out and for the App to function correctly.

Subsequently, once the geolocation option has been activated within the User’s personal account so that the App can determine their exact position, a User who is parked in a parking space and wishes to publish the vacating of that space on the platform may publish the exact location of the space in DREEVEO®.

The User must provide accurate information about the location, the estimated vacating time and any special conditions associated with the space, such as whether it is located in a municipal paid parking zone.

DREEVEO® does not verify the ownership of published spaces. Users assume responsibility for ensuring that the space is publicly owned and complies with local and national regulations.

DREEVEO® reserves the right to remove any publication it deems inappropriate or that violates these terms. This may include, but is not limited to, spaces on private property, unauthorised spaces or misleading information.

By publishing an availability notice, the User agrees to truthfully indicate their intention to vacate the space within the established time period and to immediately update any relevant changes. The User must not block, retain, artificially occupy or hold the space in favour of another User, nor take any action that could prevent the ordinary use of the public road or contravene applicable regulations.

DREEVEO® includes a section that allows the User vacating the space to indicate the various descriptions that may apply.

Use of the Service by the User interested in an availability notice

Once the User’s account has been registered and activated in the DREEVEO® App, the User must accept the Terms and Conditions and give consent for DREEVEO® to access the User’s geolocation data in order for the contracted Service to be properly carried out and for the App to function correctly.

Subsequently, once the geolocation option has been activated within the User’s personal account so that the App can determine their exact position, the map displayed on the mobile device screen will show the locations or areas where other DREEVEO® users have published availability notices or intention to vacate a parking space. Once the nearest or most relevant notice has been identified, the User may tap on that notice to access the available information.

In this regard, once the User has chosen the availability notice of their interest, before proceeding to confirm it, they must tap the button provided for this purpose, which may be labelled “CONFIRM NOTICE”, “REQUEST NOTICE” or a similar expression that does not imply a space reservation. Following confirmation, the User will have the time indicated by the User who published the notice to travel to the communicated location. DREEVEO® does not guarantee that the space will be free upon the User’s arrival or that it cannot be occupied by a third party outside the App, as these are spaces located on public roads.

In this regard, before confirming an availability notice, the User must verify their proximity to the indicated location. Failure to arrive within that time may result in the notice losing its usefulness, without generating any right of reservation, preference, exclusivity or claim over the space.

Additionally, the use of the App or availability notices published through DREEVEO® for any unauthorised commercial activity or for any action involving blocking, holding, retaining or exploiting public parking spaces is prohibited.

In view of the foregoing, DREEVEO® does not accept responsibility for the loss of a parking space due to the User not being at the parking location within the established time, nor for the space being occupied by another vehicle outside the App, as these spaces are located on public roads.

Service Availability

Users may enjoy the Services offered by DREEVEO® every day of the year, including weekends and public holidays.

Regarding the time of use of parking spaces, Users may park their vehicle in accordance with the specific municipal regulations applicable in each case, without DREEVEO® attributing any rights different from or additional to those derived from such regulations.

6. Use of the App and User Obligations

The User must register and create a personal account in the App. In order to obtain this personal account, the User must be of legal age and have sufficient legal capacity to enter into this contract with DREEVEO®.

In this regard, the User assumes full responsibility for their use of the App. The App may provide the User with access to a large amount of text, graphics, drawings, designs, photographs, multimedia content and information (hereinafter, the “Content”) held by DREEVEO® or third parties.

The User undertakes to make appropriate use of the Content and services provided through the App.

Without limitation, the User undertakes not to use said Content or services to:

Make unauthorised or fraudulent use of the App;
Access or attempt to access restricted resources of the App;
Use the App for unlawful, illegal and/or purposes contrary to these Terms and Conditions, harmful to the rights and interests of third parties, or that could in any way damage, disable, overload or prevent the normal use or enjoyment of the App;
Cause damage to the App or to third-party systems;
Introduce or spread computer viruses or any other physical or logical systems that could cause damage to the systems of DREEVEO® or third parties;
Attempt to access, use and/or manipulate the data of DREEVEO®, other Users or third parties;
Reproduce, copy, distribute, transform or modify the content, allowing third-party access through any form of public communication, unless authorised by the holder of the corresponding rights or as legally permitted;
Obtain or attempt to obtain content by means or procedures other than those made available for that purpose;
Attempt to access and/or use other Users’ email accounts and/or modify or manipulate their messages; and
Users must not transmit their username and password to unauthorised third parties and must immediately notify DREEVEO® of any access by an unauthorised user.

Furthermore, the User undertakes to keep the information in their account accurate, complete and up to date at all times (name, surname(s), address, phone number, valid payment method details, etc.).

In connection with the foregoing, DREEVEO® reserves the right to deactivate Users who are misusing their User account, carrying out fraudulent acts or acts that harm or could harm DREEVEO® or other Users, as well as those who provide false or incomplete required personal information that prevents or hinders the correct development and functioning of the services offered in the App. DREEVEO® will have a rating system to identify Users who make inappropriate use of the platform (for example, publishing spaces where parking is prohibited); such Users may be deactivated from the DREEVEO® platform.

If DREEVEO® detects any anomaly or there are well-founded reasons to believe that a User is carrying out any of the aforementioned acts contrary to good faith and these Terms and Conditions, DREEVEO® reserves the right to deactivate that User, including all Users who have directly or indirectly benefited from such actions, and may also exercise all applicable legal remedies.

DREEVEO® declares that it has implemented appropriate mechanisms to detect any potentially fraudulent, anomalous or wilful conduct intended to alter the conditions of use of the User’s account.

DREEVEO® also reserves the right not to grant a User account when it has reasonable and well-founded grounds to believe that a User has violated these Terms and Conditions.

DREEVEO® may temporarily suspend access to the App without prior notice for maintenance, repair, update or improvement purposes. However, whenever circumstances allow, DREEVEO® will notify the User sufficiently in advance of the planned suspension of Services. DREEVEO® is not responsible for the use that Users may make of the Content included in the App.

7. Warranties and Liability Regime

By accepting these Terms and Conditions of Use, Users declare that they will hold DREEVEO® harmless from any claim against DREEVEO®, its directors, partners, employees, lawyers and agents arising from the Users’ breach of (i) any provision contained in these Terms and Conditions or in any law or regulation; (ii) any damage or loss caused by the User and/or their companions to the parking space or the surrounding street furniture; and (iii) breach of the permitted use of the App.

In any event, DREEVEO® shall only be liable for damages that Users may suffer as a result of wilful misconduct or gross negligence on the part of DREEVEO® in connection with access to the App, the provision of its services, and the use of content, tools and functionalities.

DREEVEO® shall not be liable for:

Incidents caused by the User’s lack of due diligence or misuse of the App when making payments.
Unlawful, negligent, fraudulent use of the App, or use contrary to the terms of these Terms and Conditions or good faith.
Force majeure events, understood as failure, suspension or interruption of the services or use of the App as a result of energy restrictions, blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service companies, or any other causes or circumstances beyond the control of DREEVEO® that prevent the normal use of the App.

DREEVEO® also assumes no liability for the cancellation or suspension of services in the App for reasons not attributable to it. Therefore, if (i) the use of the App or (ii) the transmission of data through it results in damage to the User’s hardware or software, DREEVEO® shall be liable to the extent it is proven that such damage was directly and solely caused by the App.

In any event, DREEVEO® undertakes to resolve any issues that may arise and to offer the User all necessary support in order to reach a quick and satisfactory resolution.

Notwithstanding the foregoing, DREEVEO® may temporarily suspend access to the App without prior notice for maintenance, repair, update or improvement purposes. However, wherever possible, DREEVEO® will notify Users of the service suspension date with sufficient advance notice.

Ownership and Accuracy of Spaces

DREEVEO® assumes no liability for the ownership of published spaces. Users must verify the legality and public ownership of the spaces they publish.

In the event that a User publishes a space that does not meet legal requirements or is not publicly owned, full liability falls on the User who made the publication.

Fines, Towing and Municipal Paid Parking Zones

DREEVEO® assumes no liability for any fines, towing or other legal issues that Users may face when using information published through the platform or when parking on public roads.

Users are fully responsible for complying with local and national traffic and parking regulations, as well as for paying any fines or fees imposed by the relevant authorities.

If a User incurs a fine due to their conduct or actions when using information published through the platform or when parking in a parking space, the platform assumes no liability.

Information Provided by Users

DREEVEO® does not verify the accuracy of information provided by Users when publishing or confirming an availability notice.

The App is an intermediation platform between Users and therefore assumes no liability for the accuracy of information provided by Users within it, including the estimated time of vacating the space and any special conditions associated with it.

8. Electronic Contracting

The User grants their express consent to the use of electronic acceptance methods to carry out the request or confirmation of availability notices, such as clicking on an icon containing expressions such as “Accept”, “Finish”, “Contract”, “Confirm notice” or similar, or by entering codes or passwords, as a means of giving consent.

The User expressly accepts that DREEVEO® may archive the contracts entered into on DREEVEO®’s secure servers, as an electronic delivery, and that these shall be available for consultation in the User’s DREEVEO® account.

The User expressly accepts that DREEVEO® may send them communications relating to the operation of the service, the validity or modification of these Terms and Conditions, by email, SMS and/or any other electronic communication method that may be available in the future.

9. Price and Payment Methods

All prices for the Service indicated through the platform are expressed in Euros (and include VAT), and invoicing for the contracted Service will be carried out through a per-parking-space charging system.

Regarding the payment method, Users may pay the amount corresponding to the Service using the payment methods accepted by the platform.

Regarding fees and their updates, these will always be available prior to the User’s confirmation of the availability notice. Users are therefore advised to periodically check the App to stay informed of the applicable rates at any given time.

Payment Process and Holds

When the User registers on the platform, they will access a screen where they must enter their credit or debit card details for payment of the Service.

Once the Service has been accepted, the total amount to be paid will be held in the User’s account as a deposit until the transaction is completed. This hold is intended to ensure the availability of funds and protect the correct functioning of the Service against unused requests or confirmations.

The held amount will be released or charged, as appropriate, once the interested User has used the availability notice and the User who published the notice confirms that the transaction was completed fully and without issues.

In the event that the interested User does not arrive within the specified time, the held amount will be automatically released upon expiry of the notice’s validity period.

In this regard, if the User does not have sufficient balance or credit in the payment method entered before proceeding to confirm the availability notice, they will not be able to use the Service.

If it is not possible to remedy this non-payment situation, DREEVEO® will proceed to suspend the contract with the User and to take such recovery actions as it deems appropriate and as are lawfully available to it.

DREEVEO® also reserves the right to validate the payment method used by the User, as well as to verify that the credit or debit card details entered by the User are correct. For security reasons, DREEVEO® shall have the authority to block, cancel or void any payment method where there are reasonable suspicions of misuse. Furthermore, it is not permitted to use the same payment method in more than two independent accounts. Should this occur, DREEVEO® may block the Service on all accounts until the User provides documentary proof of ownership of both accounts and the entered payment method.

Therefore, DREEVEO® does not accept responsibility for the card details held in a User’s account not matching the person who actually benefits from the Service.

Transaction Confirmation

The transaction will be considered complete when the User who published the notice confirms through the application that the transaction was completed without issues.

Confirmation shall be made within a reasonable time after the interested User has used the availability notice.

In the event of problems, disputes or discrepancies, Users must contact the support service provided in the App so that DREEVEO® can resolve the situation as efficiently as possible.

Payment for Service

Part of the price paid by the interested User will correspond to DREEVEO®’s commission as payment for the provision of technology-based information intermediation services. DREEVEO® will retain its share before releasing funds to the User who published the notice.

Any additional charges imposed by municipal or national traffic and parking regulations (such as, for example, where parking is subject to payment of a municipal fee) shall be the responsibility of the interested User and shall not be included in the Service fees or final price.

Cancellations and Refunds

Users have a few seconds to cancel the Service once the request has been initiated. After that time has elapsed, following a system notification, the general payment/cancellation terms will apply.

10. Withdrawal and Returns

In accordance with Article 103.1.a) of the consolidated text of the General Law for the Protection of Consumers and Users, the User is hereby informed that, as a general rule, the right of withdrawal shall not apply to the provision of services once the service has been fully executed if the contract imposes a payment obligation on the consumer.

Since the provision of the availability notice service is considered complete once the User has received and used the information provided through the App, the right of withdrawal shall not apply from that moment onwards.

The User acknowledges and accepts that by clicking the availability notice confirmation button, they initiate the execution of the contract and expressly waive their right of withdrawal once the Service has been fully executed.

11. Intellectual and Industrial Property

All rights over the content, design and source code of this App, and in particular, by way of illustration but not limitation, all rights over the photographs, images, texts, logos, designs, trademarks, trade names, data included in the App and any other intellectual and industrial property rights, are owned by DREEVEO®, or by third parties who have expressly authorised DREEVEO® to use them in its App.

Accordingly, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, approving the consolidated text of the Intellectual Property Law, and Law 17/2001, of 7 December, on Trademarks, and complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including the making available to the public, of all or part of the content of this App, in any medium and by any technical means, is expressly prohibited without express written authorisation from DREEVEO®.

DREEVEO® does not grant any licence or authorisation of any kind over its intellectual and industrial property rights or over any other property or rights related to the App, and the browsing access of Users shall under no circumstances be understood as implying a waiver, transfer, licence or total or partial assignment of such rights by DREEVEO®.

Any use of such content not previously authorised by DREEVEO® will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established liabilities.

12. Data Protection

DREEVEO® undertakes to process the personal data of its Users in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on Personal Data Protection and the guarantee of digital rights (LOPDGDD).

Users are hereby informed that, in the area of privacy and protection of their personal data, they may exercise the following rights:

Access their personal data;
Rectification of any inaccurate data;
Erasure of their data;
Restriction of the processing of their data;
Objection to the processing of their data;
Right to be forgotten;
Portability of their data. Users shall also have the right not to be subject to decisions based solely on automated data processing.

Users may exercise all these rights by sending an email to hello@dreeveo.com stating the reason for the request and enclosing a copy of their national identity document.

For full details on the processing of personal data carried out by DREEVEO®, the User may find this information in the PRIVACY POLICY of DREEVEO®.

13. Compensation

In the event that DREEVEO®, its directors, partners, employees, agents or collaborators, as well as any other person involved in the creation, development, production and distribution of this Application, suffer any type of damage, loss or cost (including legal fees that may be necessary) as a result of Users’ breach of these Terms and Conditions, Users shall be obliged to fully compensate for the damages caused.

14. Indemnification

Users undertake to protect and indemnify DREEVEO® against any damage, liability or cost that may arise from third-party claims against DREEVEO®, its directors, representatives or employees due to material provided by Users, misuse of DREEVEO®’s services or violation of these Terms and Conditions.

15. Right of Exclusion

DREEVEO® reserves the right to deny or withdraw access to the App and the services offered without prior notice, on its own initiative or at the request of a third party, to Users who breach these Terms and Conditions of Use of the App.

16. Nullity and Effectiveness of Clauses

If any clause included in these Terms and Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness shall only affect that provision or the part thereof that is null or ineffective, the remaining clauses subsisting, and the affected clause or part thereof being considered as not included.

17. Modifications

The information appearing in the Application is current as of its last update date. DREEVEO® reserves the right to update, modify or delete the information contained in the App, and may exercise this right at any time and without prior notice to Users, always with the aim of improving the Services offered, although it undertakes to use best efforts to notify Users in advance whenever possible.

18. Notifications

DREEVEO® may send appropriate notifications to Users regarding the Services offered by DREEVEO® in the App, through the email address provided by them in the App’s Registration Form, as well as by SMS and/or any other electronic communication method that may be available in the future.

Users may receive notifications about the status of the availability notice, funds holds, release of funds and any transaction-related issues, among others.

19. Further Information

Should DREEVEO® translate these Terms and Conditions into any language other than Spanish, and any doubt or misunderstanding arises in relation to a clause due to the translation itself, the Spanish version shall always prevail over the provision regulated in the translated text that may have given rise to such confusion, doubt or misunderstanding.

20. Applicable Law and Jurisdiction

These Terms and Conditions are subject to Spanish law. In the case of individual consumers, the parties, in accordance with Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the place of residence of the User.

In the event of a dispute between the parties, both parties agree to submit to the jurisdiction of the User client’s place of domicile for the resolution of any dispute arising from the contractual relationship established, expressly waiving any other jurisdiction that may apply to them.

Furthermore, the User Client is informed that they may access the European Union’s online dispute resolution platform via the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

IMPLEMENTATION OF THE TERMS AND CONDITIONS

The Terms and Conditions include the conditions of use of the DREEVEO® App, as well as matters relating to payment methods, return policy, warranties and liability regime, etc.

In this regard, the DREEVEO® Terms and Conditions must also be implemented in the side menu of the App through a permanent link that redirects the user to the full text of the Terms and Conditions.

Consent in web forms

Payment request form

In the Service payment form in the App, the User must also be given the option to accept the Terms and Conditions and be correctly redirected to this legal text.

The opt-in that should be included in the Service payment form would read as follows:

I have read and accept the DREEVEO® Terms and Conditions and Privacy Policy

Furthermore, in accordance with Article 98.2 of Royal Legislative Decree 1/2007, of 16 November, it is established that “if a distance contract to be concluded by electronic means entails payment obligations for the consumer and user (…) the trader shall ensure that the consumer and user, when placing the order, expressly acknowledges that the order implies an obligation to pay. If placing an order is done by activating a button or a similar function, the button or similar function must be labelled in an easily legible manner solely with the words ‘order with obligation to pay’ or a corresponding unambiguous formulation (…)”.

That is to say, taking the above into account, the Service confirmation button must include a clear and unambiguous expression, avoiding the use of the term “reserve” or equivalent terms that could imply a space reservation:

CONFIRM NOTICE

(ORDER WITH OBLIGATION TO PAY)