Terms and Conditions Scooty
Last Revised: August 27, 2016
Scooty offers its users a means of transportation with electric scooters via a short-term self-service rental model (the “Scooty Service”). These Terms and Conditions and any additional terms incorporated by reference herein (hereinafter referred to as the “Terms” or the “Agreement”) govern, after their acceptance by the User, the conditions of access and use of the Scooty Service and other services available through the website located at www.scootysharing.be (the “Site”), our proprietary software application accessible via a mobile device (the “App”), any third party platforms and services approved by Scooty (e.g., Facebook, Google, etc.) (“Third Party Sites”) (the Scooty Service, Site, the App, and any access through Third Party Sites are, collectively, the “Services”), tariff offers, rights and User obligations relating to the Scooty Service as such terms are defined below and The Terms “we,” “our” and “Scooty” refer to Scooty . The terms “you” and “your” refer to the User (including users who have registered for an account) visiting the Site, the App, Third Party Sites and/or using the Services.
The Scooty Service is an electric mobility service proposed by Poleis Consulting, a Belgian company registered with the CBE under number 0659.675.917 whose registered office is located at Ouderghemlaan 70, 1040 Brussels, Belgium (“Scooty”).
All access and use of the Scooty Service implies respect for the Terms by the User. The Services, including but not limited to the access and use of the Scooty Service, made available to Users are provided only on the condition that the Users agree to the present Terms. By accepting these Terms upon Registration, a User acknowledges that he or she has read, understood, and agreed to be bound by these Terms.
If you have any questions regarding these Terms or the Services, please contact Scooty Brussels via email at email@example.com or by telephone at +32 485 62 57 49.
“App” means Scooty software applications accessible via a mobile device and by which User may access the Scooty Service.
“Board Documents” means all the following documents which are present in the Topcase of each Scooter: a copy of the insurance certificate, a copy of the registration document, and the joint accident report.
“Business Area” means either or one of the two geographical area defined by Scooty within which the User may terminate its Rental by returning the Scooty on a public location of choice located within this area where Scooters are authorized to park. The Business Areas are visible in the App.
“Corporate Membership Agreement” means the agreement between a business or other legal entity and Scooty to provide the Services to the employees or members of such business or other legal entity.
“Effective Date” means the date on which your Registration is approved by Scooty.
“Helmets” (or “Helmet”) means the helmets (two, one size small and one size large) that belong to Scooty, situated in the Topcase and provided to the User.
“Orientation” means training provided by Scooty, for no additional charge, to Users in order to orient Users with the Scooter and its appropriate use, including traffic regulations and explanation of the use of the Services.
“Parking Fee” means the agreed upon fees for the temporary parking a Scooter as set forth in the Rate Schedule in article 7 to these Terms, and as adjusted from time to time.
“Personal Space” means the online management space accessible by the User via the “login” button” accessible on the Site after authentication, via which the User has the possibility of manage its personal information, view its Rental history and its Scooty’ bills or the online management space accessible by the User via the App on which the Rental History can be found.
“Rate Schedule” means the rate schedule currently referenced at in article 7 of these Terms, as it may be updated by Scooty from time to time, and which is expressly incorporated herein by reference.
“Registration” means the registration process which must be completed on the Site or via the App in order to become a User of the Scooty Service.
“Rental” refers to the time of use of the Scooter by a User. The rental starts when pressing the “Ok, let’s go” button via the App and ends when ending the rental via the App.
“Reservation” means reservation of the Scooter via the App before the rental for a period of 15 minutes.
“Rental Fees” means the agreed upon fees for the Rental of a Scooter as set forth in the Rate Schedule in article 7 to these Terms, and as adjusted from time to time.
“Rules Schedule” means the rules schedule currently referenced at in annex 2 of these Terms, as it may be updated by Scooty from time to time, and which is expressly incorporated herein by reference.
“Scooter” means an electric scooter of “Class B” as defined in article Article 1, §1, 2° b) of the “Royal Decree of 10 October 1974 regarding the general regulations with regard to the technical demands that mopeds, motorcycles and their trailers need to meet, and provided by Scooty.
“Scooter Accessories” means the Helmet, Board Documents and hygiene hair nets owned by and provided to the User by Scooty that are present in every Scooter.
“Scooty” means a brand developed by Poleis Consulting BVBA, a Belgian company registered with the CBE under number 0659.675.917 whose registered office is located at Ouderghemlaan 70, 1040 Brussels, Belgium.
“Services” means Scooty’ services as described in the Registration (including but not limited to the means of transportation with electric Scooters via a short-term self-service rental model by Scooty (the “Scooty Service”) and made available through the Site or the App and any access through Third Party Sites.
“Site” means Scooty website located at www.scootysharing.be
“Term of Use” means the agreed upon time period set forth in a Registration, and all subsequent renewal periods.
“Topcase” means the storage space provided by Scooty that is located on the rear of every Scooter and is used for storing the Helmets, the Board Documents and the hygiene hair nets.
“User” means an individual above 21 years of age who has submitted a Registration, registered for a User Account and been approved for Use.
“User Account” means a web-based portal provided by Scooty that is used by User to manage its Use, billing information and other User information (e.g., name, address, email address, use settings).
“Use” means a non-exclusive, nontransferable right to use the Services in accordance with and subject to the terms and conditions of these Terms.
“User Accessories” means the objects and personal belongings of the User during a Rental.
“Membership Fee” means the agreed upon registration fee for the use of the Services as set forth in the Rate Schedule in article 7 to these Terms, and as adjusted from time to time.
“User Service” means the information center and assistance provided by Scooty available to Users to answer their questions via different channels defined in Article 6.
2. The Services
Purpose of the Agreement.
These Terms are intended to define the conditions and terms of access and use of the Services. All access and use of the Services is subject to compliance of the Terms by the User.
Use of the Services.
Contingent on Scooty’ acceptance of a Registration, User’s fulfillment of its payment obligations, and subject to the terms and conditions of these Terms and the successful completion of Orientation (if required), unless such Orientation is waived in accordance with article 8, Scooty will provide User access to the Services as set forth in the Registration for the Term of Use.
A User may use the Services solely for User’s own purposes (not for the benefit of any other person or entity) during the Term of Use, provided User has paid and continues to pay the Membership Fee, Rental and Parking Fees.
If a business or other legal entity has entered into a Corporate Membership Agreement, the User that is covered by that Corporate Membership Agreement may use the Services solely for the purposes set forth in the Corporate Membership Agreement and Scooty shall not be responsible for communicating such allowable uses to such Users.
Scooty is the owner of the Scooters, Helmets, Board Documents and any item it makes available to User during the term of this Agreement.
Changes to User’s access and right to Use the Scooty Services.
Scooty retains the right to change, limit or deny the Services to a User for any reason at any time.
3. Registration Conditions
To be eligible for the Services, the User must:
- Own or control a mobile device that is compatible with the App and the Scooter. User is responsible for obtaining at its own expense all equipment and services needed to access the Services via such mobile device. Scooty does not guarantee that the App can be accessed through all wireless devices or service plans or that it is available in all geographical locations.
- Be at least 21 years old.
- Hold a national identity card (for Belgian nationals or nationals of a country of the European Economic Area and Switzerland) or a valid passport.
- Hold a valid driver’s license that authorizes the User to drive a Scooter in Belgium. A temporary driver’s or declaration of loss of a driver’s license does not count as a valid driver’s license under this article and thereby does not give you the right to register to our Scooty Service.
- Be a holder of a credit card in his name associated with his bank account in a bank accepting debits in euros (€) authorized by the User.
- Deliver to Scooty a fully complete Registration, including an agreement to be bound by the Terms, together with all documents requested by the Registration, which shall be accurate and truthful in all respects. Submitting a Registration authorizes Scooty to obtain an applicant’s driving records from the jurisdiction in which applicant is licensed and to screen given information with law enforcement and other governmental databases.
- Not be indebted to Scooty for amounts which it would not have paid (s) under a previous registration or lease from Scooty.
- Satisfying the eligibility criteria mentioned in these Terms does not automatically give an applicant the right to become a User. Acceptance of the person’s Registration is subject to approval by Scooty at its sole discretion.
If the User’s driver’s license has been withdrawn, the User is obliged to immediately inform Scooty by all possible means. The User shall, in case of non-compliance with this prohibition, solely be responsible for any consequences, loss or damage that may result therefrom. Scooty reserves the right to conduct periodic checks of the driving license of the User to ensure its validity and compliance with these conditions of registration.
4. Registration Procedure
The Registration is done by the applicant through the Site or App by completing the online registration form in which the applicant indicates:
- a valid e-mail, password, and a valid mobile phone;
- his name, first name, and date of birth;
- a valid national identity card or passport;
- a valid driver’s license;
- its complete registered address;
- a valid credit card (including expiration month, year and CVC code).
Registration will be validated by Scooty following:
- Checking and approval by Scooty of all information and documents forwarded electronically by the applicant.
- Having attended the Orientation initiation to driving a Scooty, unless the applicant expressly renounced such Orientation by officially stating he or she has sufficient experience driving a scooter class B in accordance with article 8 of the present Terms.
Users who registered have the ability to unsubscribe at any time online by making a request to User Service by email at firstname.lastname@example.org and provided that no money is owed to Scooty.
5. Conditions relating to the use of the Scooty Service
The App has much functionality and among other things allows the User to:
- Register for the Scooty Service by filling out the Registration form.
- Visualize the positioning and autonomy of every Scooter available in the Business Areas.
- Visualize your own geographic location via a blue dot on the map in order to assess the distance to the nearest Scooter and to assess whether you are in one of the Business Areas.
- Proceed with the Reservation of a Scooter located in the Business Area.
- Cancel the Reservation within a maximum of fifteen (15) minutes from its Reservation.
- End a Rental of a rented Scooter under the conditions provided by these Terms.
- Read the instructions to use a Scooter.
- Answer basic questions a User might have via the section “Frequently Asked Questions” (FAQ).
- Contact the User Service via telephone.
- Consult the present Terms.
The Site also has much functionality and among other things allows the User to:
- Register for the Scooty Service by filling out the Registration form.
- Modify its personal data (address, phone number, details of the credit card).
- Consult the history of Reservations and Rentals.
- Consult bills for past Rentals.
- Answer basic questions a User might have via the section “Frequently Asked Questions” (FAQ).
The User can contact User Service via Email at email@example.com to ask a question related to its Registration, invoicing, User Account or its share of technical problems encountered on the Scooter or on the App. In addition, the User can contact the User Service via phone +32 485 62 57 49 (from 7 am to 24h from Monday to Sunday) in case of an accident, a malfunction of the Service or to report a technical incident.
5.2 Rental of a Scooter
5.2.1 Booking a Scooter
The user selects a Scooter on the App that is located in the Business Areas and is available. After clicking the “reserve now” button, the user has 15 minutes to get to the reserved Scooter. During the 15 minute Reservation period, the User can delete his Reservation via the App. If the User has not unlocked the Scooter during the 15 minute reservation period, the Reservation is automatically canceled without charges. He can unlock the Scooter via the App by clicking on “open vehicle”, which marks the end of the Reservation period. The Scooty will power and the Topcase opens automatically. The ride will start when you click on the “Ok, let’s go” button..
5.2.2 Current inventory and state of the Scooter
The User agrees to report to User Service any material damage they have observed on the Scooter before starting his trip via the appropriate section of the App.
Examples of damage that the User must notify the Customer Service:
- Flat tire
- Damage to the bodywork of the Scooter
- Damage to the Topcase or the Helmets
- Mirror damaged or missing Mirror
- Damages to the seat
- Broken or bent brake handles
- Broken front or rear light
- Broken or damages to the dashboard
- Broken stand
- Any damage that may affect the safety of the driver when driving the vehicle
5.2.3 Starting the Scooter
To start the Scooter after unlocking it via the App, the user must:
- Push the red button on the Topcase to raise the Topcase to access the Helmets.
- Choose the right Helmet (sizes small or large) to match its size and thread.
- Close the Topcase after taking out a Helmet.
- Adjust the mirrors.
- Push the “Set” button on the right handle until the dashboard goes from “Stop” to “Eco”.
5.2.4 Temporary stop procedure (pause)
When parking the Scooter temporarily, the User must:
- Put the Scooter on the stand on a public location of choice where Scooters are authorized to park.
- Open the Topcase by pressing the red button on the Topcase if the User wishes to store the Helmet.
- Close the Topcase and check that it is properly locked.
- Push the “Set” button on the right handle until the dashboard goes from “Eco” to “Stop”.
Temporary parking the Scooter is allowed both in and outside the Business Areas. However, a Scooter can only be permanently parked and a ride can only be completely stopped inside one of the Business Areas. A special Parking Fee applies to the temporary parking of a Scooter as set out in the Rates Schedule in article 7 to these Terms.
5.2.5 Returning the Scooter and ending the Rental
To return the Scooter and terminate its Rental, the User must:
- Make sure to be in a Business Area, which can be verified via the App.
- Put the Scooter on the stand on a public location of choice where Scooters are authorized to park
- Open the Topcase by pressing the red button on the Topcase.
- Store the Helmet in the Topcase next to the other Helmet.
- Close the Topcase and check that it is locked.
- Push the “Set” button on the right handle until the dashboard goes from “Stop” to “Eco”.
- End the Rental by clicking on “end trip” via the App.
It is the User’s responsibility to check that the end of his Rental is effective. Scooty cannot be held responsible for an extended billing in case of poor restitution of Scooter.
5.2.6 Current inventory and state of Scooter after Rental
The User agrees to report to User Service any even minor damage for which he is responsible during its Rental and any significant damage that can be observed on the Scooter at the time of restitution, via the appropriate section of the App or by telephone.
6. User Service
In case of an accident, equipment failure or theft and vandalism, the User is obliged to follow the procedure as set out in this article. The Rental Fees will stop counting from the moment the assistance procedure is initiated by calling the numbers indicated below. However, the Scooter remains the responsibility of the User until a representative of Scooty has arrived.
Equipment failure or personal injury
In case of equipment failure or personal injury, the User must contact User Service via the phone number +32 485 62 57 49 regardless of the nature of the accident, provided that he is not prevented from doing so by his own or the victim’s injuries.
In case of personal injury, the User must first contact the emergency services (ambulance, fire department) and the police officer.
In any case of damages or personal injury, the User must:
- Stay at the scene of the accident and provide assistance to emergency services, police and User Service;
- Draw up a damage or accident report (on the blanc copy present in the Topcase with the Board Documents) explaining the circumstances of the accident, even if there is only material damage not involving a third party, countersigned by the driver(s) of other vehicles involved in the accident. ;
- Share with Scooty Brussel the circumstances of the accident, its causes, the names and addresses of the injured parties and witnesses if possible, by email or by mail to the address above;
- Send the damage or accident reports by mail, as soon as possible and within a maximum of 2 business days after the occurrence of the disaster, to the following address: Poleis Consulting, Oudergemlaan 70, 1040 Etterbeek.
- Collaborates with the insurer of Scooty Brussel by all means that necessary to the insurer, providing honest, accurate and precise information.
Reporting of Accidents and Cooperation
In case of an accident, the User must contact User Service via the phone number +32 485 62 57 49 regardless of the nature of the fault. The User must provide the necessary assistance and stay at the scene where the Scooty is located until a representative of Scooty arrives.
If, while a User is in possession of a Scooter, the Scooter is involved in an incident that results in injury or damage to a third party or third party property, User must, as soon as possible, but in any event within 1 hour, contact the police and fill out an official police report, contact Scooty immediately and provide the following information to Scooty:
- Date, time and location of incident;
- Identification information for any other vehicles involved (e.g., license plate, vehicle identification number, make and model);
- Insurance information for third party vehicles involved (e.g., policy number, name, address and phone number of insurance agent);
- Contact information for third parties involved and owners of involved vehicles, if different (e.g., name, address, phone number, driver’s license number);
- Contact information for witnesses (e.g., name, address, phone number); and
- Circumstances surrounding event.
User must not, without Scooty’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity, or admission of liability in relation to the incident.
Attempt theft, vandalism or theft of a Scooter
In case of theft of a Scooter or vandalism occurred during the Rental, the User must immediately contact User Service of Scooty at +32 485 62 57 49. The User is obliged to file a complaint with the police and to provide Scooty with a copy thereof on the following address, Poleis Consulting, Oudergemlaan 70, 1040 Etterbeek and this within forty-eight (48) hours after the incident, the filing of the complaint, the reception of the copy of such complaint explaining the circumstances of the theft or degradation of the Scooter as received from the police.
7. Rates and Payment of Registration and Rental (“Rates Schedule”)
The User agrees to pay all amounts and fees related to the Services, including but not limited to those listed below, namely:
- Membership Fee for the Registration to the Services.
- Rental Fees for the use of the Scooty Service.
- Parking Fees for the temporary parking of a Scooter.
- Penalties, including but not limited to violations and financial consequences of possible breaches of the Highway Code (see 6.3 and Annex 1 to these Terms).
- Insurance deductibles in case of an accident, loss, theft, or damage to the Scooter.
- The various costs incurred by Scooty (including bank or legal fees) to recover the amounts owed by the User.
- Any bank fees related to a rejection of withdrawal of a payment on a User’s credit card.
7.2 Membership Fee, Rental Fees and Parking Fee
The Membership Fee, a registration fee for the Registration for the Scooty Service, costs EUR 25 and will be paid after submitting the Registration.
Every Rental, depending on its duration, is invoiced on a monthly basis at the end of the month or when the added Rental Fees for that month exceed an amount of 25 euro.
The current Rental Fee is 2,5 euro (including taxes) for a minimum of 10 minutes, with 0,25 euro per additional minute above the 10 minutes.
The duration of a Rental is counted automatically after starting the ride via the App by clicking on “Ok, let’s go” until the Scooter is locked via the App by clicking on “end trip”, signaling the end of the Rental.
When temporarily parking a Scooter, a User will pay a Parking Fee of 0,05 euro per minute.
Every minute of the Rental that started to run is booked and billed as a full minute.
The User agrees that the bills and adherence to the Terms are established and proven on the basis of use of the Registration of the Scooty Service.
7.3 Additional Fees and Penalties
Any additional fees and penalties described in Annex 1 of these Terms will be subject to additional charges, which will be sent to the User at any time.
7.4 Security Deposits; Fees; Payment.
Security Deposit. User may be required to pay Scooty a refundable security deposit, dependent on their Use, or because Scooty determines (at its sole discretion) that the User, or potential User, may present a higher risk than other potential Users.
A deposit may be withdrawn from the User’s bank card in order to:
- Ensure the payment of € 500 the User is liable for in case of accident or theft without third party.
- Ensuring the payment for the use of the Scooty Service.
- Ensuring the return of the Scooter and the payment of damages that are the User’s responsibility.
- Ensuring the payment of penalties incurred by the User in case of non-compliance with its obligations under the Registration and / or Rental.
- Ensuring the payment of all fees that may be caused by any breach of a User’s obligations.
Within 60 days following the termination of the Terms, any security deposit shall be reimbursed to the User, less any amounts owed to Scooty by the User under these Terms. Should the security deposit be insufficient to cover the amounts owed, Scooty reserves the right to take any actions necessary to recover the full amount and charge its User any and all reasonable fees associated with its collection efforts.
Fees. The User agrees to pay to Scooty the Membership Fee upon Registration, the Rental and Parking Fees and other charges and fees as set out in these Terms.
No Refunds. All fees relating to the Use, including the Rental Fees and other costs and fees as provided in this Agreement and the Rate Schedule are final and nonrefundable.
Method of Payment. User shall pay all fees and costs incurred when due, including application fees, Rental Fees and other costs and fees as provided in this Agreement and the Rate Schedule. User agrees that Scooty may charge User’s selected payment method for any such payments. Scooty accepts payments through various payment methods, which may include various credit cards, Stripe, Square, and PayPal. User may be asked to provide Scooty with a credit card number from a card issuer that Scooty accepts in order to activate and/or pay for any fees related to the Services.
Pre-Authorization. Scooty may seek pre-authorization of User’s credit card account prior to a fee or cost becoming due to verify the credit card is valid and/or has the necessary funds or credit available to cover such fees or costs. Such pre-authorization may be in an amount up to the full replacement cost of a Scooter. These pre-authorizations will reduce User’s available balance by the authorization amount until it is released or reconciled with the actual charge. User should contact its card issuer if it has additional questions regarding when an authorization amount will be removed from a statement. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.
Taxes. User is responsible for paying any governmental taxes imposed on its use of the Services, including, but not limited to value-added taxes. To the extent Scooty is obligated to collect such taxes, the applicable tax will be added to User’s bill.
Disputed Charges. User agrees to submit any disputes regarding any charge to user in writing to Scooty within 60 days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Delinquent Account. Any User Account which is delinquent will be suspended or terminated solely at Scooty’s discretion. Any credit card which is rejected may result in suspension or termination of User’s Use solely at Scooty’s discretion. The User must notify Scooty in the event of the credit card on record being changed, expiring, or being no longer valid and replace it with a valid credit card. Scooty may seek third party assistance with unpaid or delinquent accounts if the User does not pay outstanding charges.
8. User’s Duties and Responsibilities
Orientation. User agrees to complete the Orientation organized by Scooty. User’s Use and User Account will not be activated until User successfully completes Orientation. Successful completion is determined solely in Scooty discretion.
Renouncing the Orientation. However, the User can expressly renounce such Orientation by officially stating he or she has sufficient experience driving a scooter. If so, User hereby agrees to familiarize itself with the Scooter and the operation thereof prior to use. User should be fully aware that renouncing the Orientation without having sufficient experience to drive a Scooter is at its own responsibility. If Scooty becomes aware that the Orientation was renounced by a User without enough experience, the User can be refused from using the Service any further and his or her account can be terminated. User also exposes itself to claims for Insurers and other parties, for which Scooty can in no event be held responsible.
Acknowledgment. The User declares to Scooty that it has received all reasonable explanations of the content of these Terms, the Rules and the Rate Schedule currently in force and that it has taken all reasonable and prudent measures to ensure that it has correctly understood all of its commitments and obligations.
Driving Record. User shall promptly notify Scooty in the event that User’s driver’s license is suspended, revoked or invalid or if convicted of driving under the influence of drugs or alcohol or while intoxicated, of reckless driving, or driving over the legal speed limit.
Rules. User agrees to follow all rules set out in the Rules Schedule (Annex 2 to these Terms).
Damages. User is responsible for the entire amount of any damage caused to Scooty Brussel’s property during the entire time a User is responsible for a Scooter if such damage is determined to be the fault of User or not otherwise attributed to a third party.
Liability Coverage. Scooty provides liability coverage for damages arising from a User’s use of a Scooter if the User complies with all rules and requirements of these Terms. The User is responsible for the first €500 of damages to a third party for which the User is liable. The User must obtain a police report on the accident or event that cause the damages (as set out in article 6 of the present Terms) in order to benefit from Scooty’ liability coverage.
Collision Damage Waiver. To the extent that Scooty offers Users a Collision Damage Waiver (“CDW”) and User purchases such CDW, the User shall not be responsible for damage to the Scooter. Notwithstanding the foregoing, even with the purchase of a CDW, the User will still be responsible for damages if: (i) the User breaches any provision of these Terms, or (ii) the User fails to report collision damage to Scooty and the local police in accordance with the Rules Schedule and article 6 of these Terms. Additionally, the CDW does not (i) cover damages caused by fire, theft, vandalism, or damage resulting from intentional or criminal acts, (ii) provide coverage to User Accessoires, (iii) provide any coverage to third parties, or (iv) cover the cost of returning the Scooter to Scooty after repairs are made.
Your own auto or umbrella policies or credit card coverage may provide coverage for damage to you, to Scooty’ property or third parties. THE ELECTION OF OPTIONAL CDW COVERAGE FROM SCOOTY MIGHT DUPLICATE, VOID OR CAUSE YOUR OWN POLICIES OR CREDIT CARD COVERAGE TO BECOME EXCESS COVERAGE. If User is concerned about this, User should check with User’s insurer or credit card issuer.
10. Indemnification Limitation of Liability
User agrees to indemnify, defend, and hold Scooty harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorneys’ fees, and other expenses incurred by Scooty arising from or related to User’s use of a Scooter or any person permitted by User to use a Scooter.
11. Limitation of Scooty’ liability
Except to the extent THAT ANY LOSS OR DAMAGE IS due SOLELY to Scooty’ Negligence:
SCOOTY MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF A SCOOTER, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SCOOTY IS NOT LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USER’S USE OF A SCOOTER.
Scooty shall not be responsible for any loss of, or damage to, any goods in or on the Scooter, including User’s mobile device that is running the App, nor shall it be responsible for any loss or damage to third parties for the actions taken by any User during the period User is responsible for a Scooter.
Scooty will also not be responsible for the not working of the Services, certainly not in the event of e.g.:
- Poor internet coverage due to any cause (the User’s network, weather conditions, geographic location, network fallout,…);
- A lack of GPS signal;
- A hardware fallout;
- Any event of force majeure.
Scooty Brussel cannot guarantee the availability of a Scooter for use by the User. The use of Scooters by Users is subject to availability, on a first-come, first-served basis, and although Scooty makes an effort to meet the demand for Scooters by Users, Scooty cannot guarantee that supply will be adequate to provide a Scooter to User at any given time. Scooty cannot and does not guarantee the availability or functionality of a Scooter, whether or not reserved, and shall not be responsible for any direct, indirect, incidental or consequential damages or injuries arising from the Reservation, non-availability, supply, operation or use of a Scooter, even if it has been advised of the possibility of such damages.
Scooty shall not be responsible for direct, indirect, incidental or consequential damages or injuries arising from the use of any Scooter Accessories supplied by Scooty (e.g., Helmet, lock). The User is responsible for the safe use of such accessories and must check their condition before each use. If any accessory is found not to be in good condition or working order, User should not use such accessory and should promptly notify Scooty thereof.
Scooty reserves the right to temporary or fully suspend the Scooty Service, without prior notice and for an undetermined duration of time, especially in case of an exceptional events like damaged Scooters, a technical outage, a manifestation in such as a strike, a change in the traffic rules and regulations or defavourable climate conditions such as heavy storms and snow.
ANY USE OF A SCOOTER THAT IS PROHIBITED BY THESE TERMS VOIDS ALL INSURANCE, ACCIDENT, OR LIABILITY COVERAGES, INCLUDING ANY CDW (WHERE PERMITTED BY LAW); MAKES USERS SUBJECT TO IMMEDIATE RECOVERY BY SCOOTY WITHOUT NOTICE TO USER; AND MAKES USER RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE SCOOTER, INCLUDING SCOOTY’ EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE.
12. Processing of Personal Data
Through filling out the Registration form and using the Services, the User provides Scooty with personal data including but not limited to a person’s name, e-mail, address, phone number, driver’s license and identity card. When processing such information, Scooty complies with all of its obligations under the Belgian Data Protection Act of 1992.
Data Breach Notification. Notwithstanding User’s determination to opt-out of receiving electronic messages or cease use of the Services, User agrees that in the event an incident occurs in which a third party obtains unauthorized access to User’s personal data provided to Scooty, and where Scooty should become legally obligated to provide notice of such unauthorized access Scooty may provide such notice to User electronically by using the email address or mobile telephone number provided by User.
13. Changes to the Agreement
Scooty reserves the right to revise these Terms in its sole discretion at any time and shall give notice to User of such revisions. Notice will be considered given when the revised Terms are posted to the Site or on the App or when sent by email to the User’s email address on file with Scooty. Any revisions to these Terms are effective upon such notification. These Terms will be identified as of the most recent date of revision. User should visit this page regularly to ensure his or hers continued acceptance of these Terms. User’s continued use of the Services after any revision to these Terms constitutes its binding acceptance thereof. Notwithstanding the preceding sentences of this article 13, no revisions to these Terms will apply to any dispute between User and Scooty that arose prior to the date of such revision.
14. Effective Date, Term, Termination and Suspension of the Services
Term and Termination of the Agreement; Renewal. These Terms shall be in force upon Scooty acceptance of User’s Registration and shall remain in force for an unlimited duration until terminated pursuant to this article 14 or as otherwise provided in the Terms, as applicable.
Termination by User. User may terminate its Registration and thereby it’s Use at any time without cause upon a two-week written notice to Scooty. In order to be effective, notice of termination must be sent to Scooty by email at firstname.lastname@example.org.
The termination by the User can only be effective once all due amounts have been paid to Scooty.
Termination by Scooty Brussel. Scooty may terminate a User’s Registration and thereby it’s Use at any time without cause upon one week written notice to User.
Scooty may, at any time, without notice, immediately terminate the Agreement if the User fails to pay any sum due under these Terms or breaches any of its obligations under these Terms.
Operating a Scooter under these Terms requires maintaining a good driving record, and therefore, Scooty may, from time to time, check User’s driving records and reserves the right to terminate this Agreement at any time, without notice, if User’s driver’s license is suspended, revoked, invalid or if the User is convicted of driving under the influence of drugs or alcohol or while intoxicated, of reckless driving, or driving over the legal speed limit.
Scooty may, at any time, without notice, immediately terminate the Agreement if the User does not comply with any term or condition specified in the Agreement or the Site or App.
In case of termination, the User agrees to return immediately to Scooty any Scooter, or any other article User might have in its possession under the Use.
User agrees to pay any attorneys’ fees, court costs or costs of other legal procedures necessary for Scooty to recover any amounts due and owed, the Scooter or any other object the User might have in its possession under this Agreement.
User shall be responsible for any fees or costs incurred up to and including the date of termination.
Suspension of the Services. Scooty reserves the right to temporarily suspend a User’s access to the Services at its sole discretion.
Penalties. In addition to all its other rights and recourses set out in these Terms, Scooty reserves the right to impose service fees on the User, in case of non-observance by the User of any provision of these Terms, in the manner and amounts specified in these Terms and/or the Rate Schedule.
15. Miscellaneous Provisions
Choice of Law; Venue. Any dispute arising out of or relating to these Terms and the use of the Services or the breach thereof shall be governed by the laws of Belgium for all claims, without regard to or application of choice of laws, rules or principles. The parties hereby consent to the exclusive jurisdiction of the Antwerp courts, for all claims and both parties expressly waive any objections or defense based upon lack of personal jurisdiction or venue. The prevailing party to such dispute shall be entitled to recover its reasonable costs incurred in prosecuting or defending against such dispute, including its reasonable attorneys’ fees and experts’ fees.
Notices. User must provide any notice required in accordance with these Terms via the following email address: email@example.com. Scooty’s routine communications regarding the Services and any legal notices will be sent to the User either electronically (via User Account, the User email address on record or by text message to the User’s mobile device using the number provided by User), by normal mail or by courier, except that Scooty Brussel may give notice of any change or amendment to the Terms by posting the notice on the Site, the User Account, or by email to the email address on record.
By providing User’s mobile telephone number to Scooty, User consents to receive text messages from Scooty relating to the provision of the Services. Notices are deemed received as of the time delivered. Scooty may periodically send User messages of an informational or advertising nature via email. User may choose to “opt-out” of receiving these messages by selecting the “opt-in” or “opt-out” link, as the case may be, at the foot of every such email, or by replying to a text message with the word STOP.
User acknowledges and agrees that notwithstanding User’s request to opt out from such messages, Scooty may still send and User may still receive emails or text messages reasonably required for the proper conduct of the Services. If User does not wish to receive any messages from Scooty, User must terminate its Use and cease using the Services.
Corporate Membership Agreement. Under these Terms, an employee or member of a business or other legal entity entered into a Corporate Membership Agreement shall be treated as a User for purposes of these Terms. The entity and such User are jointly and severally responsible for their commitments to Scooty and for any claim or other action Scooty might take against them.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Scooty without restriction. Any assignment attempted to be made by User in violation of this article shall be void. This Agreement will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
No delay or omission by Scooty to exercise any right or power occurring upon any noncompliance or default by the User with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof. A waiver by Scooty of any of the covenants, conditions, or agreements to be performed by the User shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
Severability. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably affect the intention of the parties. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
Force Majeure. Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including, a significant failure of the Internet, fire, flood, , explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority.
Entire Agreement. These Terms constitute the entire agreement between the parties hereto regarding the subject matter contained herein and the parties acknowledge that they have not relied on any promise, representation, or warranty that is not contained in these Terms. Scooty is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Scooty.
Annex 1 – Additional Fees and Penalties
Parking citations or traffic violations during or after your Scooter Rental: +€50. You should always park a Scooter on a public location of choice where Scooters are authorized to park and located within one of the Business Areas. You are responsible for any parking citations or traffic violations that occur as a result of your use of a Scooter during your ride or after you drop off. If you get a ticket and know it, please go ahead and pay it, and let Scooty know. Otherwise, Scooty will get a bill and we’ll add the ticket to your account, plus a €10 service fee. If you attempt to dispute a ticket with the issuing authority, you must pay Scooty first and we’ll refund the payment only if you’re successful in your dispute. Please know that Scooty gets notices of citations in bulk and it may take more than a month before we notify you of your citation. When in doubt, park carefully.
Ending your ride on the street outside of a Business Area (Red Zone): +€50. If you end your ride and leave your Scooter on the street outside of our Business Areas (red zones on the map in the App), we will have to go get it and bring it back, so we will charge you a fee for that. In addition, the Parking Fees in accordance with the Rates Schedule in article 7 of these Terms will be due for the entire duration of the parking time. You are responsible for any tickets or parking violations on that Scooter during the duration of your Renting.
Leaving the Topcase of your Scooter unlocked: +€25. If you forget to lock the Topcase on your Scooter, the charges will continue to count and in addition you will be liable for the price of the Helmets if they get stolen.
Getting towed: +€250 + €75. You are responsible for paying tickets and towing fees that occur as a result of your use of a Scooter during your ride or after you drop off. You will have to pay any tickets and towing fees — usually more than €250 (yikes!) — plus a €75 fee for us to rescue the Scooter from the tow lot. You will be charged right after Scooty pays the towing fee and parking citation. If you dispute the towing charges with the authority that towed the Scooter and you succeed, Scooty will refund your towing fees and any citations if you provide proof. Don’t get towed!
Safety violations: If you ride without a Helmet, carry a passenger, let someone else ride your Scooter, or use your Scooter in any other way that is unsafe to you or others, including moving violations while riding, we will charge you a €50 fee and may limit your use of the Scooty Service.
Lost or Damaged Equipment Costs:
Lost/damaged Helmet: +€90. If you lose or damage a Helmet of a Scooter, or accidentally take a Helmet home with you after your ride, we will charge you €90 per item to replace them. If you return the Helmet you will only be charged for the Scooty Rental time between when you took the Helmet and when it is returned.
Not reporting damage: €150 or +50%. If you were responsible for damage to a Scooter or equipment and didn’t report it, we will charge you for the damage, plus a fee of €150 or 50% of the cost of repairing the Scooter damage, whichever is greater. Keeping every Scooter safe is really important. Please tell us if a Scooter is damaged.
Damage Fee/Deductible: Up to €500. Accidents happen. If you report the damage to Scooty we will not charge you more than these amounts (and usually much less). We don’t make money on repairs and often give Users discounts.
Stolen Scooty: If your Scooter is stolen during your Rental and we are unable to recover the vehicle through our tracking technology or other means, Scooty may charge you €2000. If your Scooter is stolen due to your actions, you may be liable for up to €4,000.
Annex 2 – Rules Schedule
In addition to the rules and obligations set forth in these Terms, Users are required to abide by the rules set forth in this Rules Schedule. By becoming a User, you are deemed to have accepted and agree to abide by the rules set forth below. Failure to abide by this Rules Schedule may result in suspension or termination of your Account and use of the Scooty Service.
Who May Operate a Scooter?
- Only Users in good standing may operate a Scooter. Non-Users are expressly prohibited from operating a Scooter. Subletting or re-letting of the Scooter to another person, even to another User, is expressly prohibited.
- Only persons over the age of 21 may become a User and may operate a Scooter.
- Persons over 125 kilograms may not operate a Scooter, as such weight exceeds the maximum weight limit for a Scooter.
- Only one person may ride a Scooter at a time.
- Users without a valid license are prohibited from renting a Scooter.
Scooty’s shall not be used as follows:
- By anyone not wearing a Helmet;
- To carry a passenger;
- To propel or tow any vehicle, trailer, or other object;
- To instruct an any person in the operation of a Scooter;
- To “lane split” in moving traffic – riding between lanes of traffic or lanes of traffic and parking in order to pass other vehicles while those vehicles are also moving;
- To ride in undesignated bicycle lanes;
- To transport animals of any kind or nature, living or otherwise;
- During a race, competition or to perform tricks;
- For the primary purpose of transporting people or goods or operating a taxi or delivery service;
- By a User while under the influence of drugs or alcohol;
- During the commission of a crime or other illegal activity;
- In a negligent or abusive manner or for any use outside the scope of a Scooter’s intended purpose (violating a traffic law, or receiving a ticket in an accident is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred);
- By anyone who has provided Scooty with false information in order to become or remain a User;
- Outside the boundaries of the Brussels Capital Region or the City of Antwerp, on roads with speed limits over 70 km/h such as freeways or grade-separate highways, on unpaved roads, on sidewalks or in bicycle lanes;
- To carry over 20 kilograms of cargo;
- While there is inclement weather, including heavy rain, snow, electrical storms or strong wind, which make it more dangerous to operate a Scooter; or
- While texting, emailing, using a cell phone, or otherwise using a mobile device other than to operate the Scooter that may distract from driving safely or otherwise engaging in any activity that may be prohibited by law.
The foregoing list is not intended to be exhaustive and any unreasonable or inappropriate use of a Scooter, as determined by Scooty in its sole discretion, or any violation of law will be deemed to be a violation of this Rules Schedule.
Reserving a Scooter
Scooters are available to Users on a first-come-first-served basis via reservation on the App. Users using a Scooter on a first-come-first-served basis will be billed for the time they use the Scooter according to the Rate Schedule.
If a Reservation is made available by Scooty, Users shall make such Reservation via the App in advance of use and will be billed at the time of the Rental, although not for the time of the 15 minute reservation. Users may cancel or change an existing Reservation via the App within fifteen minutes after the reservation was made.
User must return the Scooter on a public location of choice where Scooter are authorized to park and located within one of the Business Areas. The Business Areas are visible in the App.
User is responsible for ensuring that a Scooter retains enough charge to be returned in the one of the Business Areas. If User fails to so ensure, User will be solely responsible for the reasonable cost (as set out in Annex 1) incurred by Scooty to return the Scooter to one of the Business Areas.
Prior to taking possession of a Scooter, User must inspect the Scooter for evidence of damage and disrepair (e.g., obvious dents, flat tires, out of service brake lights, turn signals, and working brakes). If any damage or disrepair is discovered, User must notify Scooty immediately to avoid being held responsible for such damage or disrepair. If User fails to report any evidence of damage prior to using the Scooter, User may be liable for the cost of repairing the Scooter. For User’s own safety, User is prohibited from operating a Scooter if any of the following equipment is not in good working order: tires, brakes, lights and signals, or mirrors.
Users are responsible for all charges and costs incurred, and any damages, related to the Scooter from the time a User activates a Scooter until the Scooty is returned and secured at its designated location in one of the Business Areas.
Users must operate the Scooter in accordance with these Terms (especially but not limited to this Annex 2), the Orientation received and any operation manuals provided by Scooty.
User must notify Scooty immediately in the event that the Scooter: malfunctions; is damaged; or is stolen. In the event that, through no fault of User, the Scooter malfunctions or is damaged to an extent that it is no longer serviceable and User is no longer able to return the Scooter to its designated location or the Scooter is stolen, the User may use an alternate form of transportation, like a taxi, and Scooty will give the User ride credit of up to €10.
User is responsible for any violations, including but not limited to traffic violations incurred, including fines for late payment and any processing fees, due to User’s use of a Scooter. User agrees to pay for all violations incurred. Such violations must be reported to Scooty as soon as reasonably possible, but in any event, in advance of the deadline to respond to the notice of violation. If User fails to pay for any violations incurred, and Scooty pays such violations, User agrees that Scooty may charge User’s payment method on record in accordance with the Agreement.