PUBLIC OFFER-AdriGo Tenerife252

PUBLIC OFFER


to the Treaty rental Elektroscooter (E-scooter) place to sign the agreement: EU


AdriGo Tenerife S.L. hereinafter referred to as «Landlord/Company», on the one hand, and capable individual (citizen EU, a foreign citizen, stateless person), acceptance of this public offer to the Treaty rental e-scooter, hereinafter referred to as the «Lessee/User», on the other hand, collectively referred to as "the Parties s ", concluded the contract a rolled ("Contract" hereinafter) as follows:


  1. Basic terms and definitions used in the Contract

    Acceptance - response of an individual (citizen of EU, foreign citizens, stateless persons) who has attained the age of 18 and has not been under the guardianship of the acceptance of this Offer, which is made in accordance with the procedure provided for in this Agreement. The answer should be a complete and unconditional.

    Direct debit - write-off of money from the bank card provided by the Tenant pursuant to the terms of this Agreement. Withdraw funds is made without obtaining further consent from tenants by the rules and in the manner provided for by the legislation of EU and the present Agreement.

    Mobile application «AdriGo» (hereinafter mobile app) - provided by the Lessor program installed by the Tenant on the mobile device, allowing to use the services of the Lessor.

    Personal Data - any information relating to the lessee, including his name, first name, year, month, date and place of birth, address, passport number, and other data of the identity document of the Tenant, contact numbers, e- mail, the account in the mobile app; information on a plastic card provided by the Lessee during the registration process of mobile applications, as well as other information representing banking secrecy, which may become known to the Lessor at the conclusion, performance or termination of this Agreement.

    Rules of the road.

    Rental – E-scooter use in accordance with its intended purpose, since the start of rolling until its completion, according to the rules set forth herein. In this Agreement, the terms "rent" and "rent" are used interchangeably.

    Website Landlord – adrigo.eu

    Public offer - containing all essential terms of the Agreement Lessor rental proposal for the conclusion of an Agreement for these conditions it to any individual who can act Tenant hereunder. In this Agreement, the terms "public offer" and "Offer" are used interchangeably. Electric scooter is a vehicle provided to the Lessee by the Lessor for temporary possession and use under the Rental Agreement, which is concluded on the same conditions as this Public Offer, through the Lessee's acceptance of this Public Offer using the AdriGo Mobile Application.

    The zone start / completion of the rental - Town area, designated as a zone start / completion of the rental - "Ride and park", said in a mobile application.

    Area permitted for trips - the territory of the city, designated as an area permitted for trips - "Ride" by your mobile application.


  2. Subject of the Agreement

    1. Lessor transfers for temporary possession and use E-scooter Lessee, and the Lessee accepts E-scooter for use in consumer applications (for personal use), are not related to business activities.

    2. The tenant is entitled to use E-scooter within the Zone start / completion of the rental, as well as within Zone permitted to travel. Outside this territory the use of scooters is not permitted without warning blocked by the Lessor.


  3. Conditions and procedure for the conclusion of the Agreement

    1. At the time of conclusion of the contract Renter must be:

      • 18 years of age who are not under guardianship;

      • Provide yourself with personal protective equipment (bicycle / car / motorcycle helmet), means to prevent damage to the Tenant's body parts (protective gloves, knee pads, elbow pads, other protective equipment).

    2. The Tenant wishing to conclude the Agreement shall accept this Offer in electronic form in the manner prescribed by this section of the Agreement and / or the mobile application by performing sequential actions when authorizing the Tenant in the mobile application.

    3. The contract is concluded by attaching the Tenant to the established by the Treaty in general terms, without any conditions or reservations;

    4. Acceptance means that the Tenant acquainted with all the provisions of the Treaty, I agree with them and assumes unconditional agreement to follow them.

    5. Acceptance is considered perfect by the Tenant provided the fulfillment of the following set of actions:

          1. Filling Tenant questionnaires submitted to the Lessee at the time of registration of mobile applications;

          2. introduce the Tenant with the terms of this treaty, by pressing a button during the registration of mobile applications that lessor and the lessee recognize handwritten signature analogue Tenant equal legal force Tenant handwritten signature on paper;

          3. The Lessee Accepts the sending of Push notifications by the Lessor, which is an integral part of the communication between the Lessee and the Lessor and is fully guided by the text instructions of the sent Push notifications. In the absence of acceptance, any events arising from non-performance (not management) Push notifications are the responsibility of the Lessee.

          4. provision by the Lessee of the Bank card data and debiting from it of 1 (one) Euro provided for in clause 5.3. this Contract

        1. The parties agreed that in the event of Lessor doubt the authenticity of the Questionnaire of personal data, he shall have the right through a mobile application or other means to send a request for additional information on the Tenant's personality, including photos of the pages of his passport, or other document identity. The parties agreed that if not provide additional information to resolve doubts about the authenticity of the Personal Data Questionnaire, acceptance can be considered not perfect, as the Treaty can be considered not a prisoner.

        2. The Lessor shall not be liable or any obligations if the offer has not been accepted and the contract is concluded because of the impossibility of processing provided by the Tenant data and information for technical reasons.

        3. Through the acceptance of this offer Tenant confirms that any action carried out in mobile applications under his account personally committed by the Lessee. All risks associated with the unauthorized use of your account or mobile device of the Tenant, lie on the tenants.


  4. The content of the Treaty

      1. The landlord must:

        1. Give the tenant through mobile applications Landlord complete information about E-scooter, the amount of lease payments and other terms of the Agreement, as well as a timely post information on changes in the conditions of the Treaty;

        2. E-scooter provide to the Lessee in good technical condition;

        3. Bear the costs of the E-scooter arising in connection with its normal operation (except for the expenses that are directly assigned to the lessee);

        4. Ensure compliance with EU legislation requirements in the production and processing of personal data of the Lessee;

        5. Duly fulfill the obligations arising out of this Agreement.

      2. The lessor has the right to:

        1. To verify the information, including personal data provided by the Tenant in the registration point in the mobile application.

        2. Process personal data of the Lessee provided at the time of registration in the mobile apps, as well as resulting in the conclusion and execution of this Agreement.

        3. To verify the debt the Tenant under this Agreement, as well as under other agreements between the tenant and the landlord, if any have been concluded;

        4. To control for ensuring safety of E-scooter and for its technical status, control matching

          operation E-scooter purposes set forth herein;

        5. Refuse to enter into an Agreement, in the event of the Lessee at the time of registration in a mobile application inaccurate or incomplete personal data;

        6. Reject a Treaty, suspend or terminate it, if the tenant receivable arising from this and other agreements concluded between the tenant and the landlord, until all outstanding in its entirety, and also in case of infringement of the Tenant other conditions of the Treaty;

        7. In unilaterally make changes to this Agreement (including the cost and terms of the lease), what must notify the tenant by posting relevant information on the mobile applications;

        8. After 24 hours after the occurrence of the debt on lease payments without warning to remove E-scooter tenants, as well as to resort to the other provided by the legislation of EU to protect their rights of ways;

        9. In the case of removal from E-scooter Tenant Zone allowed to travel more than 1 kilometer, said law enforcement agencies on the fact of theft, as well as to resort to any other stipulated by the legislation of EU to protect their rights of ways;

        10. In case the Lessor sufficient grounds to believe the possibility of committing fraud by the Lessee, as well as other forms of unfair behavior, to unilaterally terminate the execution of this Agreement by notifying the Tenant through the mobile application.

        11. In the event that a client contacts the issuing bank of their payment method (bank card, Apple Pay, etc.) to request a refund for services rendered by the Lessor, and the dispute is resolved against the client, a non-refundable chargeback fee is automatically debited from the client’s payment method. This fee includes the issuer bank’s and acquiring bank’s dispute processing charges.

          The minimum fee established by the acquiring bank is €20 per dispute.

          The final amount is determined by the acquiring bank and is subject to change.

      3. The tenant has the right:

        The tenant has the right to use E-scooter in terms of the procedure and the conditions provided for in this Agreement.

      4. The lessee is obliged to:

        1. Before you use the E-scooter make its inspection for damage;

        2. In case of damage or any other kind of deterioration E-scooter before use, to inform the Lessor and send him pictures through mobile applications. If such were discovered by another tenant or landlord in the future if the Lessee prior to the use of the Lessor has not notified about the existing damage or other type of impairments E-scooter, Tenant guilty of causing damage during the hire them E-scooter.

        3. In the absence of faults on E-scooter take E-scooter temporary possession and use in the manner prescribed by section 7 hereof;

        4. Use E-scooter in strict accordance with its intended purpose;

        5. E-scooter exercise control personally. The lessee may not transfer the scooter for use to third parties, including sublease;

        6. E-scooter provide safety from the receipt until termination of rolling;

        7. Carefully use the property of the Lessor. Take measures to prevent damage to the property of the Lessor. In this regard, the Tenant is prohibited:

          • to use E-scooter on uneven surfaces, is pavements and paths paved, move through any pits, gouges, slides, and other irregularities, which differ from the base web by more than 3 cm, as well as having sharp edges or other features of the roadway, creating additional load wheel scooters, puddle, a depth of 1 cm is possible depending on the determination of the depth of the external;

          • to use a scooter to drive off road, cross country;

          • to perform acrobatic tricks to make jumps, arrivals on obstacles, curbs, steps; E-scooter use in competitions;

          • E-scooter use for transportation, towing cargo;

          • E-scooter to travel on more than one person, as well as to carry children and animals;

          • E-scooter to move in excess of the total weight (with clothes, bags, backpacks, etc.) over 150 kg;

          • E-scooter to leave after the lease in remote places, to fasten it to the unauthorized constructions or otherwise block E-scooter;

          • remove labels, identification numbers, barcodes, as well as to apply inscriptions pasting labels, apply tagging damaging the paintwork E-scooter, soiling it (except for normal street shoe platform contamination);

          • allow full discharge of electric scooter batteries;

          • use technology or take actions that could harm the Site Landlord, mobile applications, E- scooter, other property of the Lessor;

          • make any changes to E-scooter, change any of the characteristics, to make improvements or deterioration E-scooter

        8. Immediately notify the Lessor through the communication channels specified in the Mobile application, about any damage to the electric Scooter received during the rental, disconnection of any of the systems, other malfunctions, traffic accidents involving the electric Scooter; violations of the Mobile application. In such circumstances, the Tenant must stop using the electric Scooter, which is required to inform the Landlord through the Mobile application;

        9. To take appropriate measures to protect your account, including your name and password in a mobile application from unauthorized use by other persons, and to immediately inform the Lessor relevant information, in case of detection of such use;

        10. The Lessee may not transfer your account details to third parties; A User cannot have more than one User account.

          The User account is personal and cannot be transferred. Moreover, the User must be the only person utilising the service. The User has to take appropriate measures to ensure the confidentiality of the User account information, especially the login data.

          In case the login data of the User account are lost or stolen or reasonable suspicion exists that the account is being used by a third person, the User shall inform the Company immediately via the contact information provided in these General Terms.

          If the User is at fault (intent or gross negligence), they are liable for all liabilities or damages arising from the use of their User account by a third person.

          The User is obliged to keep the information provided for creating their User account, especially the billing and contact information, up to date. Failure to comply with this requirement entitles the Company to suspend the service for the User.

        11. In case the Lessor doubts about the legality of using a registered account, Lessor shall be entitled to send a request for additional information on the Tenant's personality, including photos of the pages of his passport or other identity document. The parties agreed that the failure to provide a response to the request, the Landlord shall have the right to suspend, and after one day to terminate this Agreement.

        12. Keep the information update on the site of the Lessor, as well as in mobile applications;

        13. In a timely manner, in accordance with the terms of this Agreement to pay the rent, pay for other payments provided for by the Treaty, to ensure that credit card specified by the Lessee pursuant to the terms of this Agreement, the funds in an amount sufficient to pay E-scooter rental;

        14. In case of funds withdrawal from the Tenant's account in an amount not corresponding to the tariffs immediately notify the Lessor via mobile app or email support@adrigo.eu;

        15. Upon completion of use and termination of rental, the Lessee is obliged to park the Electric Scooter in the Rental Start/End Zone outside the pedestrian zone or pedestrian sidewalk. Achieve accurate geolocation and complete the lease. Parking is allowed in the virtual parking areas indicated in the Mobile Application - exclusively on the side of the road, so that the scooter does not interfere with the movement of pedestrians or vehicles. The Lessee must not leave the Electric Scooter on footpaths / sidewalks, on tram tracks, on railway crossings, in tunnels, on overpasses, bridges, overpasses, on pedestrian crossings and closer than 5 m in front of them; on the roadway near dangerous turns; on the lane for cyclists; at the intersection of carriageways and closer than 5 m from the edge of the intersected carriageway; closer than 15 meters from the stops of route vehicles or parking of passenger taxis. Penalties imposed by state authorities on the Lessor in connection with the violation of this clause are paid at the expense of the Lessee. The Lessor has the right to write off the entire amount of the fine from the Tenant's wallet, as well as directly write off the amount of the fine from the bank card indicated by the Tenant, notifying the Tenant about it.

          The Lessor is obliged to provide to the e-mail indicated by the Lessee when registering in the mobile application, confirming documents from the public services (police, municipality employees, etc.) that charged the fine, attaching photocopies of these documents.

          If the User violates the above-mentioned regulations when parking, additional fees according to the rates indicated in the Special Terms may apply. In case the Electric Scooter has been parked in violation of the above-mentioned provisions, the service remains active until the Electric Scooter has been returned in accordance with these provisions. This is, however, limited to 24 hours after the Electric Scooter has been parked in violation of these provisions.

          The Company system can prevent the locking of the Electric Scooter when returned, if the non- compliance with the return provisions was noted. If this happens and the User leaves the Electric Scooter unattended, the return was not carried out correctly and the User shall be held responsible for any loss in case of theft or vandalism.

          In case incorrectly parked the Electric Scooter was removed by the relevant authorities and taken to the respective vehicle depositary, the User shall bear the costs for recovering the Electric Scooter (in addition to the fine imposed).

        16. E-scooter must be returned to the Lessor in good technical condition, without any damage, in the manner provided by this Agreement;

        17. During use E-scooter The tenant is obliged to comply with traffic rules and take responsibility for their violation. In this regard, using the Renter E-scooter, in particular:


          • to carry out movement on a non-trunk road, bicycle road, bicycle pedestrian path or lane for cyclists;

          • if there are no bicycle and Bike and track lane for cyclists or it is not possible to move on them, or on the right side of the roadway, traffic is allowed on the side of the road;

          • if there are no bicycle and Bike and track lane for cyclists or it is not possible to move on them, be driven on the pavement or footpath;

          • If traffic on the sidewalk, walkway, roadside or within the pedestrian zones endangers or interferes with the movement of other persons, it is recommended to dismount and give way to pedestrians;

          • When driving at night or in poor visibility conditions necessary to enable the headlamp and flashlight scooter, and it is recommended to carry objects with retroreflective elements and to ensure the visibility of these items to other road users;

            * the conditions of this paragraph may be changed in accordance with the legislation of the country of operation of electric scooters

        18. To prevent the likelihood of prosecution for violation of traffic rules, the Tenant is prohibited:

          E-scooter manage the influence of alcohol, narcotic, toxic or other intoxication, as well as to refuse the procedure of medical examination at the request of the authorized official;

          E-scooter manage without holding the handlebars with at least one hand;

          cross the roadway on the overworld, ground, underground and other transitions, going down with E-scooter;

          Elscooter descend to the subway, to call it inside the buildings, areas of restricted access, etc.

        19. Avoid causing harm to life, health and property of third parties, including other road users. In case of damage using E-scooter, Tenant shall be liable in the manner prescribed by the legislation of EU.

        20. Network access

    The User needs to connect the device with the Internet to be able to download the Mobile Application and use the service.

    The User accepts that the Company is not responsible for the quality and availability of the Internet network and that the availability of the service can be impaired by the quality and availability of the Internet connection, which is provided to the User by their telecommunications provider.

    The Company gives no performance guarantee for the Mobile Application. It is not part of the performance that the Mobile Application is available, safe or flawless at any time or that minor errors in the software or service will be fixed. In this respect the Company does not offer any warranty.

  5. The size of the order and form of payment

      1. Implementation of the lease payments, fines and other payments under this Agreement shall be effected by direct debiting of funds from the bank card of the Lessee in accordance with the tariffs of the Lessor.

      2. By accepting this Offer Tenant expresses its unequivocal consent to the administration of the Lessor orders, requests, demands Bank of the Lessee, as well as direct debiting of funds constituting the lease payments, penalties and other payments under this Agreement.

      3. At the time of registration, the Tenant, in order to confirm the correctness of the introduction of the Bank card data and the beginning of the lease, replenishes his virtual wallet for a minimum amount of 10 euros. Receipt of the above funds to the account of the Lessor is one of the conditions of acceptance of this Offer. This amount of money is counted as a rental payment and all write-offs related to the rental of the scooter occur from it.

      4. For the use of E-scooter Tenant shall pay the rental fee according to the tariffs indicated in mobile applications;

      5. Landlord services subject to VAT

      6. Upon reaching a negative balance on the internal/virtual wallet of the Tenant, an automatic replenishment of the wallet is made by debiting the funds in the amount of 10 euros from the means of payment provided by the Tenant during authorization.

      7. Write-off of funds for the use of electric Scooter is made immediately after the termination of the current lease, or in accordance with the selected tariff. Except when the rental fee exceeds 10 euros during the rental period. If the cost of rent during the rental of the electric Scooter actually exceeded 10 euros, the Lessor has the right each time at the time of exceeding the specified limit to replenish (including during the lease) the virtual wallet of the Tenant in the amount of 10 euros from the Tenant's account as long as the Tenant uses the E-scooter.

      8. In case of lack of funds or cannot be debited, the Tenant, after reaching a negative balance, the Landlord may forcibly terminate the lease of electric scooters and set the account lockout does not allow the resumption of hire until full payment of the Tenant debt under the Contract.

      9. Cancellation penalties and other payments under the Agreement, with the exception of lease payments shall be made within seven (7) calendar days from the date of the Tenant demand for payment using mobile applications. In the case of insufficient funds in the account of the Tenant, any arising under this Agreement payment shall be considered a debt for which the lessee has the right to impose a fine in the amount of 2% for each day of delay. Default interest accrued until full repayment of the Lessee resulting debt.

      10. If there is no fault of the Tenant in violation of this Agreement by the Lessor within 7 calendar days from the date of Lessee Claims using Mobile Application shall refund incorrectly debited funds.

      11. The balance of unused funds can be used by the Lessee by renewing the use of rental services of the Lessor's Electric Scooters. The amount remaining on the Lessee's virtual wallet is non-refundable and can only be used to receive Electric Scooter rental services.

      12. All financial transactions are recorded in fiscal receipts or notifications and sent to the tenant's email address.


  6. The rolling time E-scooter

      1. E-scooter rental period is calculated by minutes and hours, days, weeks, months.

      2. The period of hire electric scooter is calculated from the moment of clicking in the Mobile application button "Start trip" or "Book to ride" and prior to the actual termination of the rental Tenant electric scooter by pressing the corresponding button in the Mobile app, and referral as evidence photographs of the General view of parked electric scooter through the Mobile app, with distinguishable number of the scooter ending the rental.

      3. Tenant shall not use E-scooter outside rent session.

      4. The tenant, if necessary, can use the standby mode.

        1. The tenant is obliged to complete the standby mode on time, in order to avoid cost overruns. Standby mode cannot exceed 60 minutes. In case of exceeding, the electric scooter is taken out of the standby mode by the Lessor independently.

        2. The waiting rate can be used during the rental period, in the absence of movement on the scooter.


  7. Procedure for reception and transmission E-scooter

      1. Reception and transmission of E-scooter lessor to the lessee is as follows:

        1. The Tenant with a mobile application selects a specific E-scooter map. Tenant using the phone's camera scans the QR barcode placed on Escooter. In this case, the Mobile application displays the following information about the selected Escooter: location, rate, charge level. While selecting E-scooter tenant should check the adequacy of cash on a credit card tied to his account in the mobile app.

          7.1.2. At the moment of pressing the "start of the trip" button in the Mobile application, the Tenant confirms the actual reception of the selected E-scooter and from this moment the rental period of the particular E-scooter begins to be calculated.

      2. Reception and transmission of E-scooter Tenant to Lessor as follows:

        1. Tenant parks E-scooter in a permitted location in the zone start / completion of the rental, push in mobile apps button "Finish rent", and at the request of the Lessor sends through the mobile application photo the general form of a parked E-scooter.

        2. Upon receipt of the Landlord of the general form of photos E-scooter parked, the deadline for its hire. Subject to the Lessee under the Agreement the order of transfer and acceptance E- scooter, he was in a mobile application receives a message from the Lessor stating the amount of rent to be paid.

        3. When using the "Rent a day", "Rent a week" tariff plan, the lease termination procedure is similar to clause 7.2. Except for the end of the lease. The rent at these rates ends at the end of the rental time - 24/168 hours.


  8. Liability of the Parties under the Contract

      1. For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable under this Agreement and the legislation of EU.

      2. If you delay making lease payments for more than 48 hours, the Lessor is entitled to charge the Tenant a penalty equal to 2% of the outstanding amount for each day of delay. If you delay the payment of fines and other and other payments under the Agreement, with the exception of lease payments at the end of two (2) calendar days from the date of the Tenant demand for payment, the Lessor is entitled to charge the Tenant a penalty equal to 2% of the outstanding amount for each day of delay . Default interest accrued until full repayment of the Lessee resulting debt, including the date of repayment.

      3. In case of violation by the Lessee provisions pp 4.4.7., 4.4.15 of this Agreement, The Tenant shall pay a fine in the amount established by the Landlord for such violations.

      4. In case of violation by the Lessee provisions pp 4.4.8. - 4.4.10, 4.4.17, 4.4.18. of this Agreement, The Tenant shall pay a fine in the amount established by the Landlord for such violations.

      5. In case of violation by the Lessee provisions pp 4.4.4. - 4.4.5. of this Agreement, The Tenant shall pay a fine in the amount established by the Landlord for such violations.

      6. In case of violation by the Lessee provisions pp 4.4.16 of this Agreement, The Tenant shall pay a fine in the amount established by the Landlord for such violations.

      7. The payment of interest and (or) the penalty shall not release the Lessee from the compensation of damage caused to the property of the Lessor.

      8. The risk of accidental loss or accidental damage E-scooter after pressing in a mobile application "Trip Home" button and the time the lease Lessee shall be completed.

      9. For traffic violations on the Lessee shall be responsible, under the Code of Administrative Offenses of EU. If payment of the fine for the Tenant has been made by the Lessor, the Lessee shall reimburse the Lessor has incurred expenses in this regard.

      10. In the event of the Lessee during use E-scooter harm to life, health or property of third parties, including other road users, the Tenant agrees to fully compensate the damage caused by his actions as a third party, and the Lessor.

      11. Insurance and accident

        The Company does not insure the User against any risks associated with using the service, the User uses E-scooters entirely at their own risk and are liable for any injury or damage to property caused to themselves and third parties. It is advised that the User holds their own public liability insurance to cover such risk.

        The Company holds Public and Product Liability Insurance as well as other insurances required by law.

        In case the User is involved in an accident, the following applies:

        • The User shall contact the local police immediately.

        • The User shall inform the Company about the accident and the damages on the E-scooter as soon as possible.

        • The User assumes responsibility of an accident.

        • The assumed responsibility shall in any case include the obligation to repair the damages and the compensation of losses caused to third parties as well as the reimbursement of damages of the E-scooter , even if the E-scooter has to be replaced entirely. The full cost of the E-scooter will be determined by the Company.

        • In accordance with the above-mentioned provisions, the Company is entitled to invoice the User for any repair and recovery costs of the E-scooter as well as amounts payable to third parties that arise from damages incurred in responsibility of the User. The payment can be made via the payment methods configured in the User account


  9. Grounds and procedure for termination of the Contract

      1. This Agreement may be terminated before the expiry of the period covered by this Treaty, by agreement of the Parties or on the initiative of one of the parties as expressed in a readily understood by them.

      2. This Agreement may be terminated early in the unilateral extrajudicial procedure on the initiative of the Lessor for the following reasons:

        1. At numerous (more than two) EU traffic rules violations Tenant using E-scooter;

        2. The repeated (more than twice) breaches the right tenant E-scooter parking;

        3. In establishing the fact of causing damage to the Tenant E-scooter;

        4. When establishing the fact Tenant application hardware blocking GPS-signal as well as other ways to disable the security systems or control systems installed on E-scooter.

      3. In case of early termination of the Agreement by the Landlord Agreement shall be deemed terminated as of the date of notification of the Tenant through the mobile application.

      4. This Agreement may be terminated early in the unilateral extrajudicial procedure on the initiative of the Tenant, in the case of sending them a request to delete your account, in the absence of debt on lease payments, fines and other payments provided for in this Agreement.

      5. Account Closure Request sent to the Tenant by email support@adrigo.eu.

      6. In the event of termination of the Agreement by the Lessee in the absence of debt contract is considered terminated after 10 calendar days from the date of request by the Lessee on account deletion. In the presence of the tenant debt contract is considered terminated after 10 calendar days from the date of full repayment of the debt by the Lessee for the lease payments, fines and other payments provided for in this Agreement. On the day of termination of the Agreement Lessor deletes the account of the Tenant.

      7. For all other reasons, which are not listed in paragraph 9.2. and p.9.4. of this Agreement, in the absence of the consent of the Parties, the Agreement is terminated by the courts.

      8. Expiry of the Agreement shall not relieve the Lessee from the obligation to pay the lease payments, penalties and other payments under the Agreement, and are not exempt from liability for breach of the Treaty.


  10. Tenant's Consent to the processing of personal data

      1. In the framework of this Agreement the Lessee to the Lessor provides their personal data. The lessor has the right to verify the information provided by the Tenant.

      2. By accepting this agreement, the lessee consents to the processing of his personal data. This consent applies to the following actions with personal data:

        collection; recording; systematization; accumulation; storage; update (update,

        change); using; transmission; depersonalization; blocking; deleting; destruction; as well as other use of personal data by the Lessor granted him.

      3. Tenant agrees to advertising and promotional information newsletter Landlord, the services provided to them, the actions and partners.

      4. Tenant confirms that he is familiar with the installed article EU on the acquisition of rights and duties under the name of another person, because the performance in public circulation under an assumed name, violates the rights of other citizens (of which the name of the offender acts), and misleading with respect to the Landlord Tenant's personal data.

      5. Renter will ensure that all personal data indicated they are valid.

      6. The lessee has the right to request removal of personal data by deleting your

        account. Removal of personal data is made within 10 days after receipt of the request for deletion Lessor account.

      7. In the event of the Tenant's breach of the terms of this Agreement, applicable EU legislation, and/or the legislation of the host country, the Lessor is entitled to transfer the Tenant's personal data to the state authorities for the purpose of identifying the Tenant and initiating further legal proceedings.


  11. Force majeure as the grounds for exemption from liability for improper performance of obligations under the Contract

      1. The parties are relieved from responsibility for partial or full default of obligations under the Agreement if such default was caused by force majeure (force majeure), ie extraordinary and unavoidable events, which the Parties could not have foreseen at the time of conclusion of the agreement.

      2. If any of the force majeure affected the performance of the obligations within the period prescribed by the Treaty, the time limits are to be extended the period of force majeure. If this period exceeds three months, each party has the right to cancel the agreement unilaterally and extrajudicially, written notice to the other party to the contract with the Mobile Application or by e- mail support@adrigo.eu.

      3. In the case of force majeure, the Party which is unable to fulfill obligations under the Treaty, shall, within three (3) days to notify the other Party of the occurrence of such circumstances.

      4. The party who has not fulfilled his obligation to notify the other Party of the occurrence of force majeure within the period specified in Sec. 11.3, and documented not confirmed their offensive, loses the right to refer to these circumstances as grounds for exemption from liability for improper performance of the Agreement.


  12. Term of the Agreement

      1. The Agreement shall enter into force from the date of acceptance of the Offer in accordance with the procedure provided for in this Agreement.

      2. The Contract is concluded for a period of 1 year from the date of acceptance. The Lessee may extend the agreement after one year by renting an electric scooter only once, thereby activating his account. The validity period of this agreement is extended for the next year from the date of receipt of the service. The contract is considered to be extended for the next year on the same terms.


  13. Other provisions of the Contract

      1. Issues that are not regulated by this Agreement shall be governed by applicable EU.

      2. The parties have agreed that, in the event of a dispute, they are to appeal to the court shall be obliged to comply with the pre-trial (Claims) procedure for settlement of the dispute. In such a situation, one party to the contract, within 7 (seven) calendar days from the date of a dispute must send the other party a written claim to the use of mobile applications, or to the address specified in the Agreement. By a written claim must be accompanied by documents (their scans) and (or) photos, justifying the demand side. Party received the claim, shall, within seven (7) calendar days to give it a reasonable written response. A written response to the claim is sent using the mobile app or to the email address specified in the Agreement.

      3. In the case of non-response to the claim n installed. 13.2. Term of the contract, or disagree

        with the answer received, the interested party may apply for the protection of their rights and lawful interests in court.

      4. The parties have agreed that the consideration of disputes arising from the conclusion, execution and termination of this Agreement, carried out in the Court of Prague.

      5. The parties have agreed that the consideration of disputes arising from the conclusion, execution and termination of this Agreement is carried out according to the norms of civil procedure of EU.


  14. Fines, Sanctions and other Penalties

    The User shall bear full responsibility for their infringements and assumes all resulting fines, sanctions and penalties, including all fees or fines for parking the PLEV at prohibited places, the costs for recovering the PLEV from municipal deposits, traffic-related fines or fines for failing to wear safety equipment, such as helmets, in case this is mandatory.

    To defend its interest, the Company reserves the right to identify the User to the authorities or the public administration in case the traffic regulations were violated during the rental period (traffic offense, prohibited parking).

    Similarly, the Company can claim the costs for infringements committed by the User, such as fines, penalties and legal expenses paid by the Company. The payment shall be made via the payment methods configured in the User account.

    In addition to these amounts, the Company shall take any measures to legally assert further claims for damage and losses incurred.


  15. Nullity

Should any part of these General Terms (including the Special Terms) be declared invalid or annulled, the other articles remain in effect without loss of value or validity. In such a case, the invalid clauses shall be replaced by valid ones that comes as close as possible to the purpose of the invalid clauses.


Application:

Penalties

  1. Theft of a scooter in a rental condition - 1000 Euros

  2. Completion of the rental outside of the spots (parking places on the map) - 50 Euros

  3. Completion of the lease outside the spot with evacuation by the police - 250 Euros

  4. Vandalism - 300 Euros

  5. Traffic violation - 50 Euros, and plus police penalti.