TERMS AND CONDITIONS FOR USE OF DOTT’S VEHICLE SERVICES IN GERMANY
Last update to Terms: 25 October 2019
GERMANY - ENGLISH
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES (AS DESCRIBED BELOW) PROVIDED BY DOTT IN GERMANY
These terms and conditions (“Terms”) govern your (hereinafter “you” or “your”) (i) use of our mobile application (“App”) following your registration, and (ii) rental of our shared electric bikes (“e-bikes”) and shared electric scooters (“e-scooters”) (collectively “Vehicle(s)”) provided by emTransit GmbH (hereafter referred to as: “Dott”, “we”, “our” or “us”) via the App from time to time in Germany (collectively “Services”). Subject to these Terms, you and Dott enter into a contract for the usage of the App, including the User Account, ("App Agreement") and into separate contracts for each use of a Vehicle ("Individual Rental Agreements") relating to your usage of our Services in Germany.
DURING THE REGISTRATION PROCESS FOR OUR APP AND WHEN UNLOCKING A VEHICLE FOR USE VIA THE APP YOU MUST AGREE TO THESE TERMS. DOTT ONLY ALLOWS YOU TO USE THE SERVICES IF YOU ACCEPT THESE TERMS SO DO NOT MAKE USE OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS.
THERE ARE OTHER TERMS WHICH MAY APPLY TO YOU:
These Terms refer to the following additional terms, which also apply to your use of some or all Services:
● Our insurance policies available at: https://ridedott.com/terms (“Insurance Policies”), which set out the extent of insurance coverage you may receive when using our e-scooters under an Individual Rental Agreement . The Insurance Policy applicable to your use of the e-scooters shall be the Insurance Policy listed as valid in your User Account for the specific country in which you are using the e-scooters at the time when you unlock an e-scooter. In order to receive the stated insurance coverage, you must comply with the applicable Insurance Policy at all times. Note that the Insurance Policies may be amended from time to time depending on the conditions provided by our insurance company. Therefore, we recommend that you review the applicable Insurance Policy before you unlock the e-scooter.
If you use the Services while in a country other than Germany, the Services are offered by an affiliate of Dott located in such other country. In this case, you will enter into an App Agreement and into the Individual Rental Agreements with such local affiliate of Dott based on the country-specific Terms and Conditions. Such country-specific Terms and Conditions are available here https://ridedott.com/terms and identify the respective local affiliate of Dott as your contracting party.
TERMS APPLICABLE TO YOUR USE OF THE SERVICES
You must be at least 18 years of age and have the requisite mental and legal capacity to use our Services.
1. YOUR USER ACCOUNT
You must register for a user account through the App before any use of our App and Vehicles (“User Account”). A User Account must be created via the App. In order to set up your User Account the App will prompt you to provide us with (i) certain information about yourself, and (ii) a method of payment (details of valid credit card, debit card or other approved payment method), and (iii) any other information required by us in order to allow you to use the App and Vehicles. The payment details are provided to our third-party payment processors and are only accessed or stored by us in masked format.
Your User Account is personal to you and you will ensure that it is kept secure and not shared with or used by anyone else. You will not, directly or indirectly, create a User Account for another person or transfer your User Account to another person. When using a Vehicle, you will comply with all security measures that we may communicate to you from time to time in your User Account when unlocking the Vehicle. You are responsible for all loss and damage arising from your disclosure of your User Account information, or any electronic threats, attacks or fraudulent activity resulting from your failure to safeguard the security of your User Account. You must immediately report any suspicions of unauthorized access to your User Account to: firstname.lastname@example.org. You are responsible for the use of your User Account at all times.
All information that you have provided to us must be accurate, true and complete and you agree to keep it this way. If we have reasonable grounds to suspect any of the information you have provided to open your User Account is incorrect, inaccurate or fraudulent we may suspend or temporarily block access to your User Account until the issue is resolved to our satisfaction. We may if required or in accordance with applicable laws check and verify the information you have provided to us. You will cooperate and extend to us any assistance that is reasonably tolerable for you and required for such checks and verifications. You are responsible for all loss and damages arising from inaccurate, false or incomplete information that you provided to us.
2. USE OF VEHICLES
Via your User Account you can rent a Vehicle based on an Individual Rental Agreement as follows: In your User Account you can identify any available Vehicles and unlock such Vehicles for usage. When you unlock the Vehicle in your User Account to start a ride (as further described in Section "Starting and Ending a Ride" below), you enter into an Individual Rental Agreement with Dott for the use of such specific Vehicle based on these Terms as well as any additional terms (such as relating to fees and permitted operational areas as well as the applicable Insurance Policy) which will be displayed to you in your User Account at the time before you unlock the Vehicle.
You are obliged to follow the below rules at all times when making use of some or all Services:
Age and Capacity: You are at least 18 years old and, when required by local laws as indicated in your User Account, have a valid driver’s license. You will ensure that you are familiar with the way of operating our Vehicles and are physically and mentally fit to do so.
Safety First: Prior to using the Vehicle we recommend you inspect the Vehicle for damage (including checking the frame, deck, kick stand, tires, lights and display) and test the brakes and throttle. Make sure you check that the battery is sufficiently charged to get you to where you want to go. If you are using an e-bike, make sure your seat is properly adjusted prior to riding. Before taking off you should take note of the weather and check your surroundings in order to avoid a collision and confirm you have a clear path for movement. Make sure you constantly monitor the weather, the conditions of the Vehicle and your riding environment during the ride and adjust your riding behavior to ensure a safe ride. Should the Vehicle appear defective prior to riding or at any time during your ride you should cease using the Vehicle immediately and report it to us (“Defective Vehicle”). We recommend you wear a helmet and we require that you use helmets in all countries where they are legally required for operation of the Vehicles (as indicated in your User Account).
Compliance with Laws: You are obliged to conduct yourself in compliance with all applicable laws and regulations, including laws and regulations relating to the use of the Vehicles and all traffic rules and regulations applicable to the use and parking of the Vehicles. Failure to comply with this requirement may result in fines, penalties, loss of drivers license and termination of your User Account.
Availability: Our Services may not be available 24/7. There may be circumstances where our Services are interrupted, delayed or unavailable, including due to planned maintenance, upgrades, urgent repairs. We also reserve the right to suspend the Services in whole or in part when this is necessary for the purposes of our legitimate interests. You can identify which Vehicles are available at any time via our App.
Sole User: When you unlock a Vehicle you must be the sole user of such Vehicle and you are solely responsible for compliance with the rules as set forth in these Terms when using the Vehicle. You will ensure that no one except you uses a Vehicle once you have unlocked it. YOU WILL NOT CARRY A SECOND PERSON ON OUR VEHICLES. IT IS STRICTLY PROHIBITED TO RIDE A VEHICLE WITH MORE THAN ONE PERSON. THE VEHICLES ARE DESIGNED FOR USE BY ONE INDIVIDUAL AUTHORISED USER AT A TIME.
Handle our Vehicles with Care: You are obliged to treat any equipment (including Vehicles) provided to you with appropriate care, diligence and safety at all times.
Restrictions on use of Services: You will comply with the following use restrictions in relation to our Services at all times:
● You will not operate the Vehicle outside of the area indicated in the App as indicated during the unlocking process (“Operational Areas”). Should you leave the Operational Areas at any time we may disable the Vehicle and claim damages from you for not returning the Vehicle to an Operational Area.
● You will not operate the Vehicles in areas which any competent local authority has prohibited the use of the Vehicles (“No Ride Zones”).
● In cities where a competent local authority has designated specific parking areas for the Vehicles (“Designated Parking Areas”), you will only park the Vehicles in such Designated Parking Areas.
● You will use the Vehicle in compliance with all applicable laws, in particular any road traffic rules.
● You will not rent, lease, sell, resell or otherwise monetise or commercialise our Services.
● You will not ride a Defective Vehicle of which you are aware and should a Vehicle become defective at any stage during your ride you will cease using it immediately and notify us.
● You will not unlock our Vehicles except through the App or as otherwise permitted by us from time to time via the use of third party applications.
● You will not dismantle, modify, repair or tamper with any of the Vehicles nor any part of the Vehicles.
● You will not ride a Vehicle carrying a bag, backpack or other item if this prevents you or interferes with your ability to ride the Vehicle in a safe way.
● Whilst riding a Vehicle, you will not use your mobile phone, portable music player and/or any other device that may distract you or interfere with you riding the Vehicle in a safe way.
● YOU WILL NOT RIDE A VEHICLE WHILE UNDER THE INFLUENCE OF ANY ALCOHOL, MEDICATION, DRUGS AND/OR ANY OTHER SUBSTANCE THAT MIGHT PREVENT YOU FROM RIDING THE VEHICLE IN A SAFE WAY.
● In countries where we provide you with personal injury insurance, you will not be covered for head injuries under our insurance policies if you ride without wearing a helmet.
● Always hold both handlebars of the Vehicle whilst riding.
● e-scooters may only be operated at a maximum speed of 20km/h or such lower speed as permitted by the competent local authority based on the specific area you are operating the e-scooter.
● When operating a Vehicle at night or in circumstances where visibility is diminished due to the weather or season you will use reflective clothing such as a jacket or belt at all times and ensure that the Vehicle's front and back lights work and are switched on.
Parking: You must park Vehicles in Designated Parking Areas within the Operational Areas and where no Designated Parking Areas exist you will always park the Vehicle in a manner which is permitted by law and does not block building entrances or interfere with the use of public streets, roads and sidewalks by pedestrians, or traffic, and that allows us to access the Vehicle. Dott may request you send a photograph of the Vehicle to evidence that it has been parked correctly. Such request will be made within the App when you chose to end a ride and lock the Vehicle. Do not attempt to secure or lock the Vehicles by any method other than through the App. We may charge you a fee of up to EUR300 in respect of our costs for recovering any Vehicle in the event you do not follow our above mentioned parking and locking instructions.
Starting and Ending a Ride: A ride starts from the moment you “unlock” a Vehicle in the App and ends as soon as you select the “end ride” option in the App thereby locking the Vehicle again. Upon ending a ride you must park the Vehicle in accordance with our parking instructions above. After ending a ride you may no longer make use of the Vehicle and must repeat the unlocking process to gain use again. Should the Vehicle remain inactive for a certain period of time we may elect to end the ride on your behalf.
Fines: You will be solely liable for and will pay any fines, fees, penalties, impounding cost and/or other charges imposed by a governmental authority resulting from parking or using a Vehicle improperly, or by you violating any law, rule or regulation while using our Vehicles or by you failing to comply with any of these Terms (“Fines”). In some instances, we may pay such Fines on your behalf (in which case you will reimburse us for the payment of such Fines together with an administration fee of EUR50 and any additional costs reasonably incurred by us for handling the payment of the Fine on your behalf unless you can prove that the costs for such efforts made by us for handling such Fines were lower). Dott has the right to deduct such Fines and charges from your chosen payment method and should you have insufficient funds available for us to deduct such Fines and charges, you agree that we can contact you in order for you to make payment to us (such payment to be made immediately upon request).
Reporting Accidents and Loss or Damage to Vehicles: You will report any damages, accidents, personal injury, Defective Vehicles, stolen or lost Vehicle to us in the context of your use of the (Defective) Vehicle as immediately. You will immediately file a report with the local police department if a Vehicle you rented is stolen. Note that any failure to report an accident may impact your coverage under any insurance provided by us.
RISK OF INJURIES AND DAMAGES: RIDING, USING OR OPERATING A VEHICLE CARRIES AN INHERENT RISK OF CAUSING INJURY (INCLUDING DEATH) TO YOURSELF, OTHERS AND/OR DAMAGE TO PROPERTY THAT CANNOT BE AVOIDED ENTIRELY EVEN IF PROPER PRECAUTIONS ARE TAKEN.
We will maintain all insurance required to operate our Services under local laws, such as third-party liability insurance to cover your liability for accidental physical injury to third parties or accidental damage to the physical property of third parties arising from your use of the Vehicles. In certain countries we will also provide you with additional insurance coverage (over and above that required by law) for accidental death or permanent disability caused by an accident arising from your use of the Vehicles which we will indicate in your User Account.
All insurance coverage we provide to you is subject to the terms and conditions of Dott’s Insurance Policy for the specific country in which you are using the Vehicle at the time of the accident.
COPIES OF DOTT’S INSURANCE POLICIES ARE AVAILABLE HERE: https://ridedott.com/terms. YOU ARE ADVISED TO READ THESE TERMS AS A FAILURE TO COMPLY WITH THESE TERMS MAY RESULT IN THE INSURER REJECTING YOUR CLAIM.
OUR PROVISION OF INSURANCE IS IN NO WAY AN ADMISSION OF LIABILITY FOR DAMAGES OF ANY KIND AND IS NOT INTENDED TO ACT AS A SUBSTITUTE FOR YOUR OWN INSURANCE. We recommend that you ensure you have adequate personal insurance in place to cover the risks involved in using our Services.
4. FEES, CHARGES AND PAYMENT
The fees for the use of our Vehicles are charged on a pay per use basis. Each time you wish to use a Vehicle you may be charged an unlock fee in addition to use fees which are calculated based on the duration of your use of the Vehicle. The fees are disclosed in your User Account before you unlock a Vehicle. The fees are calculated from the moment the Vehicle is unlocked until the moment the Vehicle is locked via your User Account. The fees will be rounded up to the nearest unit of time based on the applicable billing model (i.e. per second, per minute or per hour). Both the applicable unlock fee and the applicable billing model and fees charged can be viewed in the App prior to riding. All fees are inclusive of VAT.
Payment may be made by the credit or debit card you loaded in order to register for a User Account or by any other payment method permitted by Dott for the specific country. You may select your preferred payment method for the ride prior to unlocking the Vehicle by selecting from the payment drop down menu in the App. All receipts and invoices for your use of the Vehicles are available within the App when selecting “ride history” and will also be sent via email should you provide us with your email address.
In some circumstances Dott may provide you with promotional codes which grant you a reduction in fees within the App. Promo codes are subject to any additional terms and conditions we communicate to you at the time of issuing the promo code for use. Promo codes may only be utilized once and are specific to a User Account.
5. INTELLECTUAL PROPERTY
6. LIMITATION OF LIABILITY
DOTT'S CONTRACTUAL AND STATUTORY LIABILITY FOR DAMAGES CAUSED BY SLIGHT NEGLIGENCE SHALL, IRRESPECTIVE OF ITS LEGAL GROUND, BE LIMITED AS FOLLOWS: (i) DOTT SHALL BE LIABLE UP TO THE AMOUNT OF THE FORESEEABLE DAMAGES TYPICAL FOR THIS TYPE OF CONTRACT DUE TO A BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS; (ii) DOTT SHALL NOT BE LIABLE DUE TO A BREACH OF ANY NON-MATERIAL CONTRACTUAL OBLIGATIONS NOR FOR THE SLIGHTLY NEGLIGENT BREACH OF ANY OTHER APPLICABLE DUTY OF CARE.
THE AFORESAID LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY STATUTORY LIABILITY, IN PARTICULAR TO LIABILITY UNDER THE GERMAN PRODUCT LIABILITY ACT (PRODUKTHAFTUNGSGESETZ), AND ANY LIABILITY FOR CULPABLY CAUSED PERSONAL INJURIES. IN ADDITION, SUCH LIMITATIONS OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT DOTT HAS ASSUMED A SPECIFIC GUARANTEE.
THE ABOVE SHALL APPLY ACCORDINGLY TO DOTT'S LIABILITY FOR FUTILE EXPENSES.
YOU SHALL BE OBLIGED TO TAKE ADEQUATE MEASURES TO AVERT AND REDUCE DAMAGES.
FOR THE PURPOSES OF THIS CLAUSE 6 AND CLAUSE 7 BELOW, “DOTT” INCLUDES DOTT, ITS AFFILIATES, SUBSIDIARIES, OWNERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS, REPRESENTATIVES, AGENTS AND DIRECTORS.
SUBJECT TO CLAUSE 6 ABOVE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DOTT HARMLESS, FROM AND AGAINST ALL FINES, PENALTIES, CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE LEGAL COSTS) ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATED TO; AND ATTRIBUTABLE TO : (I) YOUR NEGLIGENT OR WILLFUL MISUSE OF THE SERVICES IN VIOLATION OF THESE TERMS; (II) YOUR NEGLIGENT OR WILLFUL BREACH OF THESE TERMS; (III) ANY NEGLIGENT OR WILLFUL MISREPRESENTATION IN CONNECTION WITH THE CONTENT AND INFORMATION DIRECTLY OR INDIRECTLY PROVIDED BY YOU THROUGH THE APP; (IV) ANY DEATH OR BODILY INJURY TO ANY PERSON AND ANY DAMAGE, LOSS OR DESTRUCTION OF ANY REAL OR TANGIBLE PROPERTY ARISING FROM YOUR NEGLIGENT OR WILLFUL USE OF THE SERVICES IN VIOLATION OF THESE TERMS; AND (V) ANY FINES OR OTHER PENALTIES ARISING FROM YOUR NEGLIGENT OR WILLFUL MISUSE OF THE SERVICES IN VIOLATION OF THESE TERMS YOUR OBLIGATION TO INDEMNIFY DOTT WILL SURVIVE TERMINATION OF THESE TERMS AND ANY CANCELLATION, TERMINATION OR SUSPENSION OF THE SERVICES.
Both parties (you and Dott) have the right to terminate the App Agreement at any time subject to a prior notice to the other party (to be provided by email). The right to terminate the App Agreement and any Individual Rental Agreement for cause without notice period remains unaffected. In case of a termination of the App Agreement, Dott (i) will suspend the User Account and deny any further access to and usage of the Services, and (ii) may claim immediate return of any Vehicles used by you as well as fees for the usage of any Vehicle until the Vehicle is returned.
WE MAY AMEND THESE TERMS FROM TIME TO TIME. WE WILL INFORM YOU ABOUT THE AMENDED TERMS IN OUR APP, ON OUR WEBSITE AND / OR VIA E-MAIL. YOU WILL BE DEEMED TO HAVE ACCEPTED THE AMENDED TERMS, UNLESS YOU OBJECT TO THE CHANGES WITHIN FOURTEEN (14) DAYS FROM THAT NOTIFICATION, PROVIDED THAT WE WILL MAKE YOU AWARE OF THIS CONSEQUENCE OF A LACK OF OBJECTION IN THE NOTIFICATION.
10. FORCE MAJEURE
We shall not be responsible for any loss, damage, default or failure which is caused by occurrences outside of our control including, connectivity failures, power outages, riots, fire, flood, windstorm, explosion, war, sabotage, government actions, changes of laws, regulations, administrative provisions and other rules, or acts of God.
11. GOVERNING LAW
These Terms, the App Agreement and the Individual Rental Agreements are solely governed by the laws of Germany. Any mandatory consumer protection law remains unaffected by this choice of law clause.
To the extent that any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable that provision shall be struck out of these Terms, and the remainder of the Terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
You may not cede, assign or delegate any of your rights or obligations under these Terms without our prior written approval and any attempted assignment without our prior written consent is void. We may cede, assign or delegate any of our rights or obligations to a third party without your consent. In this case, you have the right to terminate pursuant to clause 8.
You and Dott are independent contractors and there is no actual or deemed partnership, franchise, joint venture, agency, employment or other fiduciary relationship between you and Dott.
Rights and obligations, which by their nature should survive the termination or expiration of these Terms or your use of the Services, will survive.
Our failure promptly exercise any contractual right, does not of itself mean that the right has been waived unless we acknowledge and agree to such waiver in writing and it will not give rise to an ongoing waiver or any expectation that the right will not be enforced, unless it is expressly stated to do so.
These Terms are the entire agreement relating to its subject matter and supersedes all prior or contemporaneous oral or written communications, understandings, proposals of you and us relating to the subject matter of these Terms.
Any phrase in these Terms introduced by the terms “including”, “include”, “in particular” or any similar expression shall mean “including, without limitation”.
Save as those included under the definition of “Dott” in clauses 6 and 7 of these Terms there are no third-party beneficiaries under these Terms.
Should you have any questions relating to the Services please email us at: email@example.com.