1.       Introductory Provisions

1.1.   General Terms And Conditions for Renting E-Vehicles constitute legally binding agreement ("Agreement") between you ("You", "User" or "Rider") and SAMOKAT d.o.o., Mlinska ulica 22, 2000 Maribor, Slovenia, registration number 9320997000 and tax identification number SI 25789341 or our affiliates ("Samokat", "We", "Us" or "Our"), regarding Your use of any human-powered and electrically assisted vehicle made available by the support of Our application, such as e-scooters, or similar e-vehicles (together referred to as "E-Vehicles"); Our mobile application for accessing and using E-vehicles (“App”); and  other related services such as charging, maintenance, pick-up and similar services if offered by Samokat ("Related Services"). Previously defined services, in particular E-Vehicles, App and Related Services are collectively referred to as the "Services".

1.2.   The following rules are binding and incorporated by reference into this Agreement:

-        rules for operating the E-Vehicles as set out in Annex 1 to this Agreement ("Riding Rules");

-        safety guidelines related to the use of E-Vehicles displayed in the App, and in the Annex 1 (“Safety Checks”);

-        applicable fee schedule as displayed in the App (“Fee Schedule”), any other price information, rules displayed in the App;

-        any other guidelines displayed in the App;

-        other business and product terms referred to in this Agreement, including service descriptions, policies and notices, including Our Privacy Policy for Passengers ("Privacy Policy") that is made available in the App or at: [add link] and shall apply respectively (mutatis mutandis) to the processing of Your personal data in connection with the use of the Services;

1.3.   We try to offer our Users the best quality service, therefore Our Services may be subject to a change. We reserve the right to make changes to this Agreement at any time, by posting the amended Agreement or its supplemental terms on Our website or the App and notifying You thereof through the email address provided during Your registration. Your continued use of the Services after such posting constitutes Your consent to be bound by the Agreement as amended.

   

2.       App Usage

2.1.   Our Services can be used through the App. The App is available in different languages which can be changed in Your profile. The App enables the persons requiring transportation to find E-Vehicles by sharing data of their geographic location. In order to provide You with our Services, we may track your device’s location via the App. There may be restrictions for the provision of Services based on the location of your device. These restrictions are apparent via the interface of the App. We offer Services only in countries listed in the App. As the availability of our Services may change from time to time, we may add or remove countries from our list without liability for Our Users.

2.2.   The use of the Services requires installation of Our App and registration of a user account ("Account"). During the installation of the App, Your mobile number will be linked to Your Account and added to Our database.

2.3.   Our App may be updated from time to time in order to provide you with the best possible service. To use the Services which are available via the App you need to have working internet connection. There are no specific technical requirements for the internet connection, however, the quality of the service may be affected by the internet speed. The App is available on Android and Apple devices.

2.4.   In case of any bug or error in the App, We will do our best to correct it as soon as possible. However, You acknowledge that the functionality of the App may be restricted due to occasional technical errors and We are not able to guarantee unlimited faultless functioning of the App at all times. We accept no liability for any losses incurred as a consequence of the App not functioning or not being usable in the desired manner.

2.5.   The App you are going to use is a result of our own knowledge. Subject to Your compliance with the Agreement, We grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App on Your personal device solely in connection with Your use of the Services.

3.       User Requirements and Account Registration

3.1.   You are eligible to use the Our Services if following conditions are met:

-        You have registered into our system and have a valid Account;

-        Your Account is linked with a valid credit or debit card or other payment method supported by the App ("Elected Payment Method");

-        You are no less than 18 years old and legally allowed to ride E-Vehicles according to Local Laws related to the minimum age for the use of available E-Vehicles in the country of Service usage;

-        You have a valid driver licence in the Service Area in which You are using the Services, if such licence is compulsory for the use of the E-Vehicle;

-        You are mentally and physically fit, and have the necessary skills and expertise to use, ride and operate E-Vehicles, in a safe and competent manner.

3.2.   When creating and using Your Account, You:

-        agree to only use Your real name, accurate personal and bank card information for setting up the Account, and keep such information up to date at all times;

-        are liable for the access, control and security of Your Account, and responsible for: the user’s name and password for Your Account; and all actions carried out under Your Account, including, but not limited to, activating (unlocking), using, deactivating (finishing Your ride) and proper parking of the E-Vehicles pursuant to this Agreement and as the case may be in the Permitted Parking Area, or failing to do so, unless You have reported misuse of Your Account;

-        agree to notify Us immediately if You become aware of any unauthorised access to or use of Your Account, or other situation that may cause loss of control of Your Account;

-        agree that We have the right to suspend or disable Your Account to the extent required to secure lawful use of App, including without limitation for fraud prevention, risk assessment, investigation and customer support purposes; ensure Your compliance with this Agreement; comply with an applicable law or the order of a court, law enforcement or other administrative agency or governmental body; or as otherwise set forth in this Agreement;

-        agree that We may send You text (SMS), push notifications and e-mail messages in connection with the Services.

 

4.       Our Services

4.1.   By making reservation and unlocking the E-Vehicle via the App, You agree to rent the E-Vehicle on a pay-as-you-go basis, subject to the terms of this Agreement and in accordance with the Fee Schedule applicable during the rental period. We may change Fee Schedule without prior notice, and without User’s consent.

4.2.   Each time You unlock the E-Vehicle and start the ride, You represent and warrant that You have read and understood:

-        all applicable traffic laws and regulations;

-        the Riding Rules in Annex 1;

-        the Safety Checks in Annex 1; and

-        the user requirements conditions listed in provision 3.1 and confirm that they are met.

4.3.   By unlocking the E-Vehicle, You agree and undertake:

-        that the E-Vehicle, and any equipment attached thereto, at all times, remains Our property, and that You shall not dismantle, modify, repair, vandalise or deface the E-Vehicle, or any equipment attached to it, in any way;

-        to use the E-Vehicle in accordance with this Agreement, including the Riding Rules, the Safety Checks, any instructions, manuals and guidelines displayed in the App;

-        not to allow any other person to use the E-Vehicle unlocked by You;

-        to assume full responsibility for care of the E-Vehicle during the rental period and to return the E-Vehicle in the same condition in which it was rented to a permitted parking area, according to Local Laws, the type of E-Vehicle and the parking instructions specified in the App ("Permitted Parking Area"). If the E-Vehicle is returned damaged or in a state of disrepair, then You will be charged a fee that is equal to the cost of repair.

4.4.   If the E-Vehicle runs out of charging power during a rental, You shall terminate the ride in compliance with the instructions of the App and the terms of this Agreement and park the E-Vehicle to the Permitted Parking Area.

4.5.   You must report any accident, crash, damage, personal injury, stolen or lost E-Vehicle to Us in accordance with provision 10.1 as soon as this incident occurs. If the incident involves personal injury, property damage, or a stolen E-Vehicle, You shall file a report with the local police department within 24 hours.

 

5.       Service Fees and Payment

5.1.   You will be obliged to pay fees for Your use of the E-Vehicle and Services in accordance with Our Fee Schedule and the type of E-Vehicle you make reservation. Each use of the E-Vehicle starts when You click "Unlock" and terminates when You click "Finish your ride" (or equivalent button(s) on the App). Our fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Us.

5.2.   We may issue promotional coupons or codes subject to any additional terms established on a per promotional code basis ("Promo Codes"). We reserve the right to modify or cancel Promo Codes at any time at Our sole and absolute discretion. We may suspend or cancel Promo Code(s) and Your use of the App at any time if We have grounds to believe that the use or redemption of the Promo Code(s) was in error, fraudulent, illegal or in violation of the applicable Promo Code terms or this Agreement.

5.3.   As a user you will assure that E-Vehicle is not parked outside the Permitted Parking Area, that you will not damage the E-Vehicle and that you will return the E-Vehicle. When You use our Services, You must comply with all local laws, traffic rules and parking regulations of the country where you are using E-Vehicle.

5.4.   All amounts due and payable to Us will be charged to Your Elected Payment Method. If these payment methods fail, other collection procedures may be employed. You agree to compensate Our collection costs, including without limitation reasonable legal fees, if You do not pay amounts owed to Us when due. We have the right to suspend or disable Your Account if You do not pay the amount owed to Us when due. If You have any questions related to the suspension, please contact our support team. Your Account will be reactivated when the amount due is paid.

5.5.   You can pay for the Services with Your Elected Payment Method, which requires prior activation within the App. You authorise Us to charge Your Elected Payment Method linked to Your Account for all fees and charges incurred by You pursuant to this Agreement. Such fees and charges may be subject to applicable taxes, which may be charged and collected by Us.

5.6.   We and our contractors support in-App Payment, provide assistance, and resolve disputes related to in-App Payment. If You dispute any transactions charged to Your Elected Payment Method by Us, You must contact Us in accordance with Section 10.1 within 10 Business Days.

5.7.   For credit and debit card payments, We may charge a service fee for each payment that is added to each order of the Services. The service fee is for Visa/Mastercard service fees. The amount of the service fee is displayed in the App. Your bank may make additional charges for Your use of Your credit or debit card which are not shown in the App. Please note that after You have booked an E-Vehicle, we automatically pre-authorise an amount from Your credit card to confirm the availability of the payment.

5.8.   You agree to immediately inform Us of any changes relating to Your Elected Payment Method linked to Your Account that may impair Our ability to charge You pursuant to this Agreement.

 

6.       Liability

6.1.   You acknowledge and agree that Your use of the Services, App, E-Vehicles and related equipment, is at Your sole and individual risk, and that We are not responsible for any consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees or disbursements of any kind, whether foreseeable or unforeseeable, and whether known or unknown, that You or a third party may suffer as a result of Your use of the Services. You fully understand such risks by acknowledging that:

-        riding E-Vehicles involves many risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided;

-        the E-Vehicle is a machine that may malfunction, even if properly maintained, and that such malfunction may cause injury;

-        wearing a helmet and other protective equipment and diligent compliance with the Riding Rules and this Agreement are essential to reduce Your risk of injury and risk of causing injuries or damage to others.

6.2.   As an additional service, we might offer you insurance cover certain risks in our User’s sphere.

6.3.   All of the Services, in particular E-Vehicles and related equipment, are provided on an "as is” basis. To the fullest extent permitted by law, We exclude and disclaim all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law. We do not represent, warrant or guarantee that any of the Services, E-Vehicles, or related equipment, will be in good repair or in an error-free state, or that delays, omissions, interruptions or inaccuracies will not occur in relation to any of the Services, E-Vehicles, or related equipment. In particular, We disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

-        whether the information (including any instructions in the App) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;

-        whether any defects or errors in the Services will be repaired or corrected;

-        whether the Services will be available at any particular time or Service Area; and

-        whether Your use of the Services is lawful in location of Service performance.

6.4.   In no event shall Our total liability amount for any and all claims arising out of this Agreement, including those based on tort or other grounds, exceed EUR 200 or the amount of the fees paid to Us for the rental period during which the incident, accident or event that caused the claim/s to arise occurred, whichever is lower. We do not however limit your right to claim for damages or use any other legal remedies provided by law upon non-compliance of our Services with these Terms of Service.

6.5.   Neither We nor You shall be responsible for damages or for delays or failures in performance resulting from circumstances beyond the reasonable control of the non-performing party, including, without limitation an element of nature or an act of God, earthquake, fire, flood, war, terrorism, civil, industrial or military disturbance, sabotage, labour strike or lock-outs, pandemic, epidemic, riot, loss or malfunctioning of utilities or communication services, major cyber-attack, court order, act of civil or military authority, or governmental, judicial or regulatory action.

6.6.   To the maximum extent permitted under the applicable law, neither we nor any of Our affiliates, representatives, directors or employees are liable for any loss or damage that You may incur under or in connection with this Agreement or as a result of using the App, including but not limited to:

-        any direct or indirect property damage or monetary loss;

-        loss of profit or anticipated savings;

-        loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;

-        loss or inaccuracy of data; or

-        any other type of loss or damage.

 

7.       Rules of App Usage

7.1.   In addition to the other requirements in this Agreement, this section describes specific rules that apply to Your use of the App ("Rules of Acceptable Use").

7.2.   When using the Our App You are not allowed to:

-        circumvent, disable or otherwise interfere with any security related features of the App;

-        permit another person to use the App on Your behalf;

-        use the App if We have suspended or banned You from using it;

-        advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;

-        modify, interfere, intercept, disrupt or hack the App;

-        misuse the App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the App or any user of the App;

-        collect any data from the App other than in accordance with this Agreement;

-        submit or contribute any of Your Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;

-        submit or contribute any content that You do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;

-        submit or contribute any information or commentary about another person without that person's permission;

-        threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or harass, upset, embarrass, alarm or annoy any other person;

-        use any automated system, including without limitation 'robots', 'spiders' or 'offline readers' to access the App in a manner that send more request messages to the App than a human can reasonably produce in the same period of time; or

-        other action which is deemed as inappropriate for use of the App.

7.3.   Failure to comply with the Rules of App Usage constitutes a material breach of this Agreement, and may lead to:

-        immediate temporary or permanent withdrawal of Your right to use the App or Services;

-        immediate temporary or permanent removal of any of Your content;

-        legal action against You, including proceedings to recover all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and

-        disclosure of such information to law enforcement authorities as We reasonably feel is necessary.

 

8.       Governing Law

8.1.   This Agreement shall be governed by and construed in accordance with the laws of the Republic of Slovenia.

8.2.   Your obligations may be governed by laws of the location of performing Services, for example, traffic and parking laws and regulations applicable in the Service Area ("Local Laws") and You agree to comply with any such Local Laws.

8.3.   If You are a consumer and have your habitual residence in the EU, You additionally enjoy the protection afforded to you by mandatory provisions of the law of Your country of residence. Both We and You submit to the non-exclusive jurisdiction of the courts of Slovenia, which means that You may bring a claim to enforce your consumer protection rights in connection with this Agreement in Slovenia or in the EU country in which you live.

8.4.   You may also have the right to submit an application at Your local consumer protection authority or via the European Commission Online Dispute Resolution platform at: http://ec.europa.eu/odr.

 

9.       Final Provisions

9.1.   Notices and any other communication in connection with this Agreement or Services should be provided through the App, sent by e-mail or reported through customer support channels made available on Our App or website.

9.2.   These Agreement commence on the date when you accept them during the account registration procedure, or when you use any of Service.

 

ANNEX 1

1.       Safety Checks

1.1.   It is Your responsibility to conduct a diligent safety check prior to use of the E-Vehicle that includes, without limitation, the following: good condition of the frame; good condition of wheels (i.e. that the wheels are not flat or impeded by debris or mud); safe operation of brakes; sufficient battery power; testing that the bell of the E-Vehicle is working; lights and reflectors are in good working condition if You intend to ride the E-Vehicle during the hours of darkness; E-Vehicle is free from any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need; and follow the instructions, in particular, which are provided to You in the App at the time of booking the E-Vehicle.

1.2.   Throughout the ride You shall constantly monitor that the E-Vehicle and its operation complies with the above safety requirements. If at any time during the ride You discover a breach of safety requirement(s) or notice any other potentially unsafe defect, condition or threat, You must immediately cease riding the E-Vehicle, when it is safe to do so, and notify Us in accordance with Section 9.1 of the Agreement.

 

2.       Riding Rules

2.1.   You shall ride and operate the E-Vehicle safely at all times. When using, riding or operating the E-Vehicle, You shall:

-        comply with all applicable traffic laws and regulations;

-        comply with the Our safety instructions;

-        use the safety gear as recommended and as required pursuant to the above laws, regulations and instructions, and, which are reasonably required to mitigate the risk of personal injury (Such as helmet, protective pads and proper shoes);

-        not ride the E-Vehicle under the influence of alcohol, drugs, medication or other substances that may impair Your ability to safely operate the E-Vehicle;

-        observe the speed limit and adapt the speed according to the situation taking into account Your driving experience, road conditions, state of the road and the E-Vehicle, weather conditions, density of the traffic and other traffic conditions so that You are able to stop the E-Vehicle without hitting any obstacle that is or can reasonably be expected to be on the road;

-        not use any mobile phone, tablet, laptop, text messaging device, music player, or other device that may distract You from safely riding the E-Vehicle;

-        not ride the E-Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal or poses nuisance to others;

-        not use the E-Vehicle for racing, mountain riding, stunt or trick riding;

-        not ride the E-Vehicle on expressways and restricted roads;

-        not ride the E-Vehicle against the flow of traffic;

-        not ride the E-Vehicle on roads that are meant exclusively for pedestrians;

-        shall not ride beyond permitted riding perimeter specified by the App;

-        not ride in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it dangerous to ride the E-Vehicle;

-        not exceed the maximum weight limit 95kg of the E-Vehicle;

-        not carry additional person(s); not carry any items (e.g. briefcases, backpacks, bags and/or other items) if these may prevent You from being safely able to operate the E-Vehicle; and

-        wear light-coloured clothes to ensure that other road users are able to notice You easily.

 

3.       Parking

3.1.   You shall:

-        not park the E-Vehicle in a manner that may contravene any applicable Local Laws;

-        not obstruct the road, impede traffic or excessively clutter the sidewalks;

-        park the E-Vehicle visibly and in the standing position so that other users can also enjoy the use of the E-Vehicle;

-        follow the parking instructions displayed in the App and, if applicable, park the E-Vehicle in the designated Permitted Parking Area;

-        report any E-Vehicle not parked in a Permitted Parking Area while using the Services, by notifying Us in accordance with Section 9.1. or using the relevant feature in the App.

 

Version: 1.0

Valid from: 03.04.2023