TERMS AND CONDITIONS OF SERVICES DOTT
Date of the last update of the General Conditions: 25 October 2019
1. GENERAL CONDITIONS
1. These general conditions of service provision (hereinafter the "General Conditions") govern the contractual relationship between the emTransit BV, a private limited liability company incorporated under Dutch law, with registered office at Nieuwezijds Voorburgwal 162, 1012 SJ, Amsterdam, the Netherlands, registered under number 72795921 (hereinafter referred to as "We" and / or "Dott") ), on the one hand, and you as a user of the vehicles and services offered by Dott and defined below (hereinafter "You" and / or the "User"), on the other hand.
2. Dott offers its Users access to, and the use of, different electronic platforms, including mobile applications (hereinafter the "Platform" and / or "Platforms"), dedicated to renting scooters shared electric assistance which it owns (hereinafter the "Vehicle" and / or the "Vehicles").
The General Conditions constitute the contract concluded between Dott and the User in respect of the rental of the Vehicle and the use of the services (hereinafter the "Service" and / or the "Services") offered on the Platforms (hereinafter after the "Contract").
By accessing the Platforms, using the Services and the Vehicles provided through the Platforms, and / or by creating an account to benefit from such Services and Vehicles, you, You declare to have taken prior knowledge of the General Conditions and to have them fully and fully accepted.
The General Conditions are provided to the User on the Platforms where they are directly available for reading and printing.
Unless expressly agreed otherwise by Dott, the General Terms prevail over any other general conditions of purchase or sale relating to the same object. 3. By accepting these Terms and Conditions, You represent and warrant that you are at least 18 (eighteen) years of age and have the intellectual, physical and legal capacity to use our Services and Vehicles. Otherwise, your parent or guardian may, in accordance with applicable laws, be held responsible for your acts or omissions in connection with your access to the Platforms or your use of our Services and Vehicles.
2. CREATION OF ACCOUNT
1. In order to access and use our Services and Vehicles, You must first register under a user account via the Platforms (hereinafter the "Account").
2. Your Account is personal to you and contains your personal and financial information. You agree to secure your Account and, unless expressly authorized in writing by Dott, not to directly or indirectly create an Account for a third party, not to transfer your User Account to a third party, and not to allow or assist a third party to use or access your Account.
3. Any request for the creation of an Account is subject to Dott's approval, which will be exercised in a non-discriminatory manner. We reserve the right to reject any request to create an Account and, in the event that an application has been accepted, to terminate any Account and / or to deny you access to the Platforms or our Services, in the following cases:
Obligations and Warranties
1. In connection with the creation and use of your User Account, You are required to provide us with all the information required in accordance with the instructions given through the Platforms. You warrant the accuracy, truthfulness and completeness of all information You have provided to us.
2. It is your responsibility to ensure that the information provided to us remains accurate, truthful and complete. You agree to update this information as soon as possible. You agree that We may, if necessary or in accordance with applicable laws, control and verify the information You have provided to Us. You agree to cooperate with Us and to provide any assistance We may require in connection with such checks and controls.
3. You will be liable for any loss or damage that may result from the inaccuracy, non-truthfulness or non-exhaustiveness of the information provided to Us.
1. Except for security breaches attributable to Dott, You are responsible for the security and / or control of access to your Account including your login ID and / or your password (s). You agree to ensure that this information is protected and that it is not disclosed to any third party. You agree to comply with the security measures We may implement at any time with respect to your use of the Platforms. Except for security breaches attributable to Dott, You will be liable for any loss or damage resulting from the disclosure of your Account information, or any electronic threat, attack or fraudulent activity resulting from your inability to protect the account. security of information relating to your Account.
2. You must notify us immediately if you suspect or are aware of unauthorized access to or unauthorized use of your Account. For this purpose, you can contact us by email at the following address: email@example.com.
Processing of personal data
3. PLATFORM LICENSES - PROPRIETARY RIGHTS
1. We grant You a limited, free, non-exclusive, personal, revocable and non-transferable license to use and access the Platforms. for personal and non-commercial purposes only, subject to compliance with the General Conditions.
2. You may only use the Platforms to the extent permitted by the Terms and Conditions. You may not, and must not allow any third party to:
a. modify, adapt, improve, enhance, alter, translate, represent, reproduce all or part of our Platforms or create derivative works of the Platforms;
b. create a database by systematically downloading and storing the Platforms;
vs. use the Platforms for any commercial purpose.
3. All our intellectual property rights (such as copyrights, trademarks or other distinctive marks) relating to the Services, the Platform and the Vehicles remain the property of Dott and will not be assigned to You in any way.
4. The Vehicle and any related equipment is, and remains, the full and entire property of Dott. The Contract does not imply any transfer of any right of ownership over this Vehicle and this equipment to the benefit of the User.
4. USE OF THE PLATFORM AND THE VEHICLE
1. Prior to the use of the Vehicle, it is your responsibility to carry out, as a precaution and for safety, a check of the Vehicle to make sure that it is displayed in good condition. operating condition (structure, wheels, batteries, bells, lights, mudguards, etc.) and that there is no sign of unusual wear or technical or mechanical failure.
In the event of any failure or malfunction affecting the Vehicle in use, you must stop driving the Vehicle as soon as possible and in a secure manner, and notify Dott. For this purpose, you can contact us by email at the following address: firstname.lastname@example.org
2. By accessing the Platforms and / or renting our Vehicles, You agree to commit yourself to:
●ensure that You are acting in the compliance with all applicable laws and regulations, including, but not limited to, applicable road safety laws and regulations, the Highway Traffic Act, and the traffic and use rules for roads and motor vehicles. force;
● wear all recommended safety equipment to reduce the risk of damage;
● do not exceed the speed of 25 km / h (20 km / h in Paris and 8 or 10 km / h in certain pedestrian areas, meetings or urban park), and as far as possible, go to the right when you ride on roads open to public traffic;
● do not drive the Vehicle in the opposite direction of traffic;
● do not use the Vehicle on express lanes; do not use the Vehicle outside the following territory: Geofence defined in the applicationMake
●sure You are familiar with how to drive our Vehicles and that you are physically fit to do so;
● assume all of the responsibilities and risks relating to injuries and / or health problems that may result from your driving a Vehicle (except in the event of a technical or mechanical failure of the Vehicle at the origin of said damage) ;
● Make sure that you handle any equipment provided (including Vehicles) with due care, diligence and safety;
● not to access the Platforms or use our Services or Vehicles if we have suspended Your access to them;
● not rent, lease, sell, resell, or monetize or otherwise market the Platforms, our Services or Vehicles provided through the Platforms without our prior written consent;
● do not use our Services or Vehicles other than via the Platforms;
● be at least 18 years of age and, where required by local law, hold a valid driving license;
● do not carry a second passenger on our vehicles;
● be the only user of a Vehicle and be responsible for complying with the rules set out in the General Conditions;
● Do not exceed the maximum authority weight on the Vehicle (120 kg).
● take into account weather conditions to determine if it may be dangerous to drive a Vehicle;
● adapt your driving to road conditions, such as weather conditions and traffic conditions;
● pay any fines, fees, penalties, impound fees and / or other charges resulting from improper parking of a Vehicle, or violation by You of any law, rule or regulation when using our Platforms and / or Vehicles
● Make sure that no one other than You uses a Vehicle once you have rented it;
● Do not use any locking mechanisms other than those provided by us.
● Do not disassemble, modify, repair or alter any of the Vehicles or any part of them. You agree to return the rented Vehicle to us in the same condition as when you rented it;
● use or park Vehicles only in areas where they are permitted. You agree not to use or park a Vehicle in a restricted area. You agree not to ride on the sidewalk or pedestrian areas, and to give priority to pedestrians when You drive. You will be responsible for any use of a Vehicle in a restricted area and for any fines, costs or other costs that may result from Your use of a Vehicle in such a restricted area;
● do not drive a Vehicle while carrying a bag, backpack or other object that would prevent you from driving the Vehicle safely;
● Park a Vehicle at the end of a trip in a visible and easily accessible way. You agree in particular not to park the Vehicle which could constitute an inconvenient parking, such as on a site preventing access to another vehicle at a standstill, in underpasses or tunnels, in front of driveways of buildings or private property, on lanes reserved for certain vehicles (taxis, firemen, police, delivery, underground transport, persons with reduced mobility, etc.), on pedestrian crossings, etc. ;
● do not use your mobile phone, tablet, portable music player and / or any other device that may prevent you from driving the Vehicle safely;
● Do not drive a Vehicle under the influence of alcohol, drugs, drugs and / or any other substances that may prevent you from driving the Vehicle safely;
● inform us of any damage, accident, bodily injury, theft or loss of the Vehicle within 12 hours of the occurrence of any of these events. For this purpose, you can contact us by email at the following address: email@example.com.
● file a complaint with the nearest police station in the event of the theft of a Vehicle that You rented, or in the event of personal injury or property damage involving a Vehicle.
5. PRICE - PENALTIES - INVOICING
1. For each period of rental of a Vehicle, you will be charged a lump sum compensation of a fixed amount, to which will be added a sum calculated according to the duration of the period of rental (amount per minute).
It is stated that the rental period of a Vehicle starts when You unlock the Vehicle and ends when You lock the Vehicle.
Before each rental, when You click on a Vehicle available for rent, You are informed on the Platform used of the applicable rate (amount of lump sum and amount per minute).
By unlocking the Vehicle, You agree to the rates indicated to you and You agree to pay the rental price.
Billing for the rental period begins when You unlock the Vehicle, and ends when You lock the Vehicle.
Under the terms of the rental period, a summary of the rental containing the cost of it will be sent to you.
5.2 In addition to the amounts mentioned above for the rental period, you may be charged additional fees in the following cases:
if the vehicle used with your account is used contrary to one of the rules of use in article 4 above, it being specified that the amount of the expenses which may be invoiced to you is fixed at 35 euros
if the vehicle used with your account is damaged beyond the normal wear, being specified that the amount of the expenses which you may be charged is fixed at the cost of the repair or the replacement of the damaged Vehicle
If the vehicle used with your Account gives rise to the emission of fines or penalties related to your use of said vehicle in violation of one of the provisions of the article 4 above or any law or regulation in force, we will charge you the amount of the said fines or penalties that will have been charged to us.
5.3 The sums due to us in respect of the rental period (see article 5.1 above) and any other miscellaneous expenses related to the use of a Vehicle (see article 5.2 above) are deducted from the account linked to your payment method registered by You when you created your Account. Any modification relating to your means of payment must be registered by You on your Account as soon as possible. You expressly authorize us to make such a deduction. If it is impossible to collect the sums due to You by you, for a reason not related to our fact or the fact of a third party, a technical problem or a force majeure event, We shall see each other forced to put in place other means of recovery of the sums due to us. You will then be billed for any additional costs We may have incurred in recovering the amounts due to Us.
6. LIMITATION OF LIABILITY - GUARANTEES
1. It is reminded that, because Vehicles are shared amongst Users, we cannot be held responsible by Users for a lack of available Vehicles, or if a Vehicle does not have sufficient battery level to be used by a User.
2. We make no warranties or representations as to the availability of our Services or the fact that the Platforms will operate without error, uninterrupted or available at any time. In certain circumstances, our Services may be interrupted, delayed, or unavailable, including, but not limited to, scheduled maintenance, upgrades, urgent repairs, and communication link failures and / or equipment. We can not be held liable to You for any loss or damage of any nature whatsoever resulting from a malfunction, interruption, delay or unavailability of our Services and / or our Platforms. .
3. We make no warranties or representations as to whether all Vehicles provided to you through the Platforms are in perfect working condition, or that they will meet your expectations in terms of quality or technical characteristics. Vehicles provided to you or selected by you are shared with other users. It is Your responsibility to check the Vehicle that was provided to you or that you have chosen in accordance with article 4.1 above, and to make sure that you are able to drive the Vehicle and that its use is safe.
4. You acknowledge and agree that:
- the Vehicle is a good that may malfunction even if properly maintained by Dott or inspected prior to use; in addition, driving, using or handling a Vehicle carries the risk of causing property damage and personal injury to you and others. This risk can not be fully anticipated or circumscribed even if adequate precautions are taken. By driving, using, using or handling a Vehicle, You agree to assume the risks and liability for any injury, damage, loss or cost to you, others or property that may result from this use. Our liability is limited to those imposed on any professional by Belgian law and to those referred to in Article 6.4 above;
- the Vehicle is a source of danger and if death or personal injury or material damage is caused to you or a third party by your use of this Vehicle, You will be able to see your liability incurred, whether You have committed a fault or not;
- the wearing of safety equipment, and the respect of the General Conditions as well as the regulations in force (in particular, Code of the Road, Road Safety, etc.) by You, make it possible to reduce the risk of occurrence of bodily injury and material damage , both for you and for third parties.
5. We do not assume any liability for loss or damage to you or to third parties caused by:
- your sole act, in particular if You breach a provision of the Terms and Conditions General or applicable regulations;
- a force majeure within the meaning of the Civil Code. In particular, acts of force majeure are all losses, damages, failures or failures that are proven to be entirely due to causes beyond our control, including, but not limited to, failure of computer network equipment, connection , computer systems, communication or other system, power outages, strikes, riots, fires, floods, storms, explosions, wars, government measures, changes in legislation, regulations, administrative provisions and other rules, decisions of the judicial authorities or administrative, natural disasters.
In any case, Dott's liability is limited to direct, certain and foreseeable damage in accordance with applicable law.
Refer to the Dott General Terms and Conditions of Insurance available at any time in the Dott mobile app ("help and contact"> "about") and also on www.ridedott.com. If you wish to receive a .pdf file, please contact us by email at the following address: firstname.lastname@example.org.
8. ABSENCE OF RIGHT OF WITHDRAWAL
The right of withdrawal can not be exercised for contracts for the supply of services fully performed before the end of the withdrawal period (14 days ). By using our Vehicles and Services, you expressly waive your right of withdrawal.
We may occasionally update our Terms and Conditions. We will notify You of any changes by posting the new Terms and Conditions on this page. We will notify you by email and / or through a visible banner on our Platforms prior to the entry into force of the amendment and update the "effective date" referred to at the top of the Terms and Conditions. We advise you to periodically review the Terms and Conditions to be aware of any changes. The modifications made to the Terms and Conditions come into effect when they are posted on this page.
The nullity of one of the clauses of the General Conditions in application of a law, a regulation, or following a court decision, will not entail the nullity of the General Conditions.
10. DURATION - TERMINATION
The Contract is concluded for an indefinite period and your acceptance of its terms is renewed for each lease. It may be terminated at any time by the User, by contacting Dott at the following email address: email@example.com.
The Contract may be terminated by Dott in the event of a breach by the User of one of his obligations under the Contract.
11. APPLICABLE LAW AND COMPETENT JURISDICTION
1. The Contract, including the General Terms and Conditions, is governed by and interpreted in accordance with Belgian law.
2. Any dispute relating to the conclusion, the validity, the interpretation, the execution or the termination of the Contract shall be submitted to the Belgian courts under common law conditions.
In case of dispute or claim, the User may send Dott a written complaint in an attempt to find an amicable solution to the following email address: firstname.lastname@example.org.
In case of dispute between a User and Dott that could not be resolved amicably, said dispute will be submitted to a mediation body.
The User may also use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/.