to the Treaty rental Elektroscooter (E-scooter)
place to sign the agreement: Croatia, EU
D.O.O. AdriKick&Go represented by Director Dejan Laban, acting under the Charter, hereinafter referred to as "Landlord", 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", 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.
E-scooter - a vehicle provided by the Lessor to the Lessee for temporary possession and use of rental agreements concluded by the acceptance of this public offer Tenant using «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
2.1 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.
2.2 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
3.1 At the time of conclusion of the contract Renter must be 18 years of age who are not under guardianship;
3.2 The tenant who wishes to conclude a contract must accept the present offer in electronic form in the manner prescribed by this section of the Agreement.
3.3 The contract is concluded by attaching the Tenant to the established by the Treaty in general terms, without any conditions or reservations;
3.4 Acceptance means that the Tenant acquainted with all the provisions of the Treaty, I agree with them and assumes unconditional agreement to follow them.
3.5 Acceptance is considered perfect by the Tenant provided the fulfillment of the following set of actions:
3.5.1. Filling Tenant full questionnaires submitted to the Lessee at the time of registration of mobile applications;
3.5.2. introduce the Tenant fully 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;
3.5.3. Tenant to provide data of a credit card and debit from her one (1) ruble, provided by 5.3. Treaty.
3.6. 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.
3.7. 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.
3.8. 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
4.1. The landlord must:
4.1.1. Give the tenant through mobile applications and by posting on the Site Landlord complete information about E-scooter, its technical characteristics, the amount of lease payments and other terms of the Agreement, as well as a timely post on the Site Landlord information on changes in the conditions of the Treaty;
4.1.2. E-scooter provide to the Lessee in good technical condition;
4.1.3. 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);
4.1.4. Ensure compliance with EU legislation requirements in the production and processing of personal data of the Lessee;
4.1.5. Duly fulfill the obligations arising out of this Agreement.
4.2. The lessor has the right to:
4.2.1. To verify the information, including personal data provided by the Tenant in the registration point in the mobile application.
4.2.2. 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.
4.2.3. 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;
4.2.4. To control for ensuring safety of E-scooter and for its technical status, control matching operation E-scooter purposes set forth herein;
4.2.5. 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;
4.2.6. 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;
4.2.7. 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 website of the Lessor or in mobile applications;
4.2.8. 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;
4.2.9. 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;
4.2.10. 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.
4.3. 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.
4.4. The lessee is obliged to:
4.4.1. Before you use the E-scooter make its inspection for damage;
4.4.2. 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.
4.4.3. In the absence of faults on E-scooter take E-scooter temporary possession and use in the manner prescribed by section 7 hereof;
4.4.4. Use E-scooter in strict accordance with its intended purpose;
4.4.5. E-scooter exercise control personally. The lessee may not transfer the scooter for use to third parties, including sublease;
4.4.6. E-scooter provide safety from the receipt until termination of rolling;
4.4.7. 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:
- 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;
- use a scooter to drive off road, cross country;
- perform acrobatic tricks to make jumps, arrivals on obstacles, curbs, steps; E-scooter use in competitions;
- E-scooter used for transportation, towing cargo;
- E-scooter 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 leave after the lease in remote places, to fasten it to the unauthorized constructions or otherwise block E-scooter;
- E-scootert folded (including the use of full-mechanism);
- 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 charge E-scooters battery;
- 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
4.4.8. Immediately notify the Lessor via mobile application for any damage E-scooter received during the hire, disable any of the systems, other malfunctions, accidents involving E-scooter; disruption of the functioning of the Mobile application. In such circumstances the tenant should stop using E-scooter what is required to inform the Lessor through the mobile application;
4.4.9. 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;
4.4.10. The Lessee may not transfer your account details to third parties;
4.4.11. 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 three days to terminate this Agreement.
4.4.12. Keep the information update on the site of the Lessor, as well as in mobile applications;
4.4.13. 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;
4.4.14. 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 firstname.lastname@example.org;
4.4.15. Upon completion of use and termination of rental Renter is obliged to park E-scooter Zone start / end rental Bicycle parking or a parking designated in mobile applications. Tenant shall not permit parking on E-scooter tramways, railway crossings, tunnels, overpasses, bridges, overpasses, pedestrian crossings and closer than 5 m in front of them; on the carriageway near dangerous bends; for cyclists on the strip; at the intersection of roadways and less than 5 meters from the edge of the roadway traversed; closer than 15 meters away from the stop route vehicles or parking of a taxi passenger.
4.4.16. E-scooter must be returned to the Lessor in good technical condition, without any damage, in the manner provided by this Agreement;
4.4.17. 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:
- exercise movement on the bicycle, Bike and lanes 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.
4.4.18. 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.
4.4.19. 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.
5. The size of the order and form of payment
5.1. 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.
5.2. 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.
5.3. At the time of registration of the tenant to confirm fidelity to the introduction of credit card data is debited in the amount of 1 (one) euro. Receipt of the above-mentioned funds to the account of the Lessor is one of the conditions for the acceptance of this Offer. This amount of money does not count as a lease payment and returned within days to the bank card of the Lessee.
5.4. For the use of E-scooter Tenant shall pay the rental fee according to the tariffs indicated in mobile applications;
5.5. The minimum order value is 1 (one) euro,
5.6. Landlord services subject to VAT
5.7. In order to guarantee payment of travel Lessor has the right to block the Lessee the map at the start of the rental amount of € 20 (twenty). This sum of money can be credited as a rent payment if the rental value of more than €20. On completion of the lease, if the price of less than €20, Landlord unlocks and funds remain on the card of the Lessee and Lessor shall debit the cost of travel in accordance with paragraph 5.8. Receipt of the above-mentioned funds to the account of the Lessor is one of the conditions for the acceptance of this Offer.
5.8. Debiting for the use E-scooter performed immediately after termination of the lease, except when in the course of rent fees are higher than €20. If the cost of the rent during the lease E-scooter actually exceeded the €20, the Lessor shall have the right every time when exceeding this limit debit (including in the rent) cash in the amount of €20 with the Tenant accounts as long as the Tenant uses E-scooter.
5.9. In case of lack of funds or they can not be written off from the account of the Lessee, as well as in the event of a debt in the amount of €20, the Landlord is entitled to compulsorily complete rent E-scooter and set the account lockout that prevents the rental renewal, until full Tenant payment of existing indebtedness under the Agreement.
5.10. 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.
5.11. 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.
6. The rolling time E-scooter
6.1. E-scooter rental period is calculated by minutes and hours.
6.2. E-scooter rental period starts from the moment you press a button on the mobile app "Start trip" before the actual termination of rental Tenant E-scooter by pressing the corresponding button on the mobile app, and, upon request of the Lessor, the directions as evidence photographs of the general form of a parked E-scooter through a mobile application.
6.3. Tenant shall not use E-scooter outside rent session.
7. Procedure for reception and transmission E-scooter
7.1. Reception and transmission of E-scooter lessor to the lessee is as follows:
7.1.1 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. When you click "Start trip" in a mobile application The tenant confirms the actual reception of the selected E-scooter and from that moment begins to run during specific rental E-scooter.
7.2. Reception and transmission of E-scooter Tenant to Lessor as follows:
7.2.1. 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 and fastens the lock to the parking lot.
7.2.2. 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.
8. Liability of the Parties under the Contract
8.1. For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable under this Agreement and the legislation of EU.
8.2. 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 fourteen (14) 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.
8.3. In case of violation by the Lessee provisions pp 4.4.7., 4.4.15 of this Agreement, the Tenant shall pay a fine of 200€.
8.4. 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 Lessee pays the penalty in the amount of 250€
8.5. In case of violation by the Lessee provisions pp 4.4.4. - 4.4.5. of this Agreement, the Lessee pays a fine of 400€.
8.6. In case of violation by the Lessee provisions pp 4.4.16 of this Agreement, the Lessee pays a fine of 800€.
8.7. 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.
8.8. 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.
8.9. 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.
8.10. 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.
9. Grounds and procedure for termination of the Contract
9.1. 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.
9.2. This Agreement may be terminated early in the unilateral extrajudicial procedure on the initiative of the Lessor for the following reasons:
9.2.1. At numerous (more than two) EU traffic rules violations Tenant using E-scooter;
9.2.2. The repeated (more than twice) breaches the right tenant E-scooter parking;
9.2.3. In establishing the fact of causing damage to the Tenant E-scooter;
9.2.4. 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.
9.3. 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.
9.4. 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.
9.5. Account Closure Request sent to the Tenant by email email@example.com.
9.6. 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.
9.7. 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.
9.8. 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
10.1. 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.
10.2. 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.
10.3. Tenant agrees to advertising and promotional information newsletter Landlord, the services provided to them, the actions and partners.
10.4. 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.
10.5. Renter will ensure that all personal data indicated they are valid.
10.6. 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.
11. Force majeure as the grounds for exemption from liability for improper performance of obligations under the Contract
11.1. 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.
11.2. 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 firstname.lastname@example.org.
11.3. 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.
11.4. 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
12.1. The Agreement shall enter into force from the date of acceptance of the Offer in accordance with the procedure provided for in this Agreement.
12.2. The Agreement is concluded for a period of 1 year from the date of acceptance. If none of the parties within 10 calendar days before the expiration of this Agreement in writing notifies the other of its termination, the Agreement shall be deemed extended for the next year on the same terms, the number of renewals is not limited.
13. Other provisions of the Contract
13.1. Issues that are not regulated by this Agreement shall be governed by applicable EU.
13.2. 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.
13.3. 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.
13.4. 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 Zagreb.
13.5. 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. The address and other details of the Lessor:
Legal address: CIPICA 2
51219 - ČAVLE CERNIK
ERSTE&STEIERMÄRKISCHE BANK d.d.
51000 RIJEKA, JADRANSKI TRG 3a
Director of "AdriKick&Go" DOO