DURING THE REGISTRATION PROCESS FOR OUR APP, WHEN USING THE 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 AS DISPLAYED IN THEIR
LATEST VERSION ON THE APP. DO NOT MAKE USE OF THE SERVICES IF YOU DO NOT AGREE
TO THESE TERMS.
These Terms refer to the following additional terms, which also apply to your
use of some or all Services:
If you use the Services while in a country other than Belgium, 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 affiliates of Dott based on the country-specific Terms and
Conditions. Such country-specific Terms and Conditions are available here (link)
and identify the respective local affiliate of Dott as your contracting party.
You must be at least 18 years of age and have the requisite mental and legal
capacity to use our Services.
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YOUR USER ACCOUNT
You must register for a user account through the App on your mobile device
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
(all fields indicated as mandatory must be completed), and (ii) a method of
payment (details of valid credit card, debit card or other approved payment
method), and (iii) any other information or documents required by us in order
to allow you to use the App and Vehicles as indicated in the registration
process in the App. 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 strictly 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: hello@ridedott.com. You are responsible for the use of your
User Account at all times.
Each use of a Vehicle unlocked via your User Account shall be deemed a
strictly personal, individual and exclusive use by You. This is an
irrefragable legal presumption, which cannot be overruled. You recognize that
this clause is not purely formal and is an essential clause to the conclusion
and the performance of the Individual Rental Agreement.
All information that you have provided to us must be accurate, true
up-to-date 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.
Moreover, the failure to provide accurate, true and complete information
shall be deemed a serious breach under the App Agreement, the Individual
Agreement and any other agreement concluded between You and Dott.
During the use of the Services, you must observe these Terms. If we have
reasonable grounds to suspect or become aware of any breach of the Terms, we
may suspend or temporarily block access to your User Account until the issue
is resolved to our satisfaction.
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USE OF THE APP
The unlocking and the use of the Vehicles requires the use of the App with
your User Account. The App is also required for the reservation and the
localization of the Vehicles, the billing and payment of the Services
(hereinafter the “App’s Purposes”).
The App can only be used for the App’s Purposes, any other use of the App is
strictly forbidden. The App can in particular not be used to:
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commit or attempt to commit any criminal activity online, more in
particular activities prohibited by Article 210bis of the Criminal Code
(use and creation of false electronic documents), 504quater of the Criminal
(electronic fraud), 550bis & 550ter of the Criminal Code (hacking and
electronic sabotage);
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spread or encourage violent or hate speech online or any other illegal
content;
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infringe the privacy or other rights of others, including intellectual
property rights.
Every use of the App infringing this Clause 2 is a serious breach of these
Terms. You shall bear the exclusive liability for such breaches, both
regarding criminal and civil law.
The installation and the use of the App is at your own risk. You shall always
be solely be liable for any direct or indirect damage, prejudice or loss
occurred on your device, or any other device resulting from the misuse of the
App. Dott shall only be liable for any malfunction of the App that would
result from its gross and repeated negligence or from its fraudulent
behavior.
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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). Fees and Operational Areas will be
displayed to you in your User Account at the time before you unlock the
Vehicle. When you start a ride by clicking "unlock", you agree to pay the
fees for the Service as indicated in the App at the time you require the
Service. For more information on fees see the “Fees, Charges and Payment”
section below).
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 below. Once the
option "end ride" has been selected, you should wait to receive confirmation
that the ride has ended within the App. If you leave the Vehicle without
properly ending the ride, the Service will continue to run and you will be
required to pay for the continued use of the Service. After ending a ride you
may no longer make use of the Vehicle and must repeat the unlocking process
to gain use again. You are obliged to follow the below rules at all times
when making use of some or all Services and all rules that may be
communicated to you by Dott from time to time.
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”). If you
fail to report or continue using a Defective Vehicle, Dott may hold you
liable for any additional damages caused by your failure to report or
continued use. 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). Dott will not be liable for any
(head)-injuries which could have been avoided or mitigated by wearing a
helmet, even when not legally required.
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:
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You will not operate the Vehicle outside of the area indicated in the App
(“Operational Areas”). The Operational Area is indicated during the
unlocking process and will always be visible to you within the map on the
App. 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. The map within the App will indicate whether the Vehicle
is outside or inside the Operational Area.
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You will not operate the Vehicles in areas which any competent local
authority has prohibited the use of the Vehicles (“No Ride Zones”).
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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. Your city’s Designated
Parking Areas will be indicated on the map in the App.
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You will use the Vehicle in compliance with all applicable laws, in
particular any road traffic rules.
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You will not rent, lease, sell, resell or otherwise monetise or
commercialise our Services.
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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.
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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.
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You will not dismantle, modify, repair or tamper with any of the Vehicles
nor any part of the Vehicles.
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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.
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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.
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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.
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Always hold both handlebars of the Vehicle whilst riding.
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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.
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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 a request will be made within the App
when you choose 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.
Fines: You will be solely liable for and will pay any fines, fees,
penalties, impounding cost and/or other charges imposed by an administrative
or judicial 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 such cases
Dott will be authorised to provide any necessary information of you,
requested or required by the relevant government authority. 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). Dott may charge you
a Fine of EUR50 for any breach of the Terms, regardless of whether another
Fine, administration fee or penalty is imposed because of or in relation to a
breach of the Terms.
Use of Vehicles under the influence of drugs or driving: Belgium has very
strict rules regarding the use of (non) motorized vehicles on public roads.
You may not use our Services while under the influence of alcohol, drugs or
other substances. Prior to the use of any Vehicle, you must check your
intoxication level and your abilities to drive safely and react on time. You
will be solely responsible for any criminal proceedings pursuant articles 34
and 35 of the Road Conduct Code. As Dott is unable to verify your compliance
with this clause, you expressly acknowledge that article 37 of the Road
Conduct Code is not applicable to Dott.
Reporting Accidents and Loss or Damage to Vehicles: You will report any
damages, accidents, personal injury, Defective Vehicles, stolen or lost
Vehicle to us and the context of your use of the Vehicle immediately by
contacting us via email at: support@ridedott.com. 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. AS THE DRIVER AND SOLE CONDUCTOR OF THE
VEHICLE, YOU UNDERSTAND THAT YOU TAKE FULL RESPONSIBILITY FOR SUCH RISK OF
INJURIES AND DAMAGES.
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INSURANCE
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.
FOR MORE INFORMATION ON WHAT IS COVERED AND HOW TO SUBMIT A CLAIM, 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.
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FEES, CHARGES AND PAYMENT
Fees
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 and the fee information in respect of each city can be located within
the App at help & contact>FAQ>Pricing & Payment. 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
non-refundable and inclusive of VAT.
Should your payment be rejected, Dott reserves the right to suspend your User
Account until the outstanding payment is settled. We will send you an email
requesting that you settle all outstanding payments. If such amounts are not
settled within the requested timelines Dott will terminate your App Agreement
and take any legal actions that it deems necessary in order to recover the
outstanding payment including seeking compensation for any damages you
caused.
Payment
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.
Promo Codes
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.
Passes
In some cities prepaid passes may be available to purchase via the App
(“Passes”). The purchase price together with any other limitations on the
Pass (such as a maximum number of rides (“Max Rides”), maximum duration
of rides (“Max Ride Duration”), duration of Pass (“Term”), times or
days when rides may be used and the city where the Pass may be used) will be
communicated to you within the App prior to your purchase. Should you select
a Pass for purchase the pass will commence immediately upon Dott confirming
receipt of your payment in the App (“Start Date”). Passes will terminate
on the earlier of: (i) your use of the Max Rides; and (ii) the end of the
Term (“End Date”).
Should your ride be shorter than the Max Ride Duration, any unused portion of
the ride will not be carried over and will be lapsed. Should you exceed the
Max Ride Duration on any ride you shall be charged at the standard rate per
minute as indicated in the App.
Passes may not be used in conjunction with promotional offers, rewards or
other discounts.
Passes may be purchased with any available payment method except for payment
via wallet.
Fees for Passes are payable in advance.
Subscriptions
In some cities subscriptions may be available to purchase via the App
(“Subscriptions”). The purchase price together with any other limitations
on the Subscription (such as a maximum number of rides during each month of
the Subscription (“Max Rides”), maximum duration of rides (“Max Ride
Duration”), duration of Subscription (“Term”), times or days when rides
may be used and the city where the Subscription may be used) will be
communicated to you within the App prior to your purchase. Should you select
a Subscription for purchase, the Subscription will commence immediately upon
Dott confirming receipt of your payment in the App (“Start Date”).
Subscriptions will terminate on the earlier of: (i) you exercising your right
to cancel; and (ii) where no auto-renewal is expressly stated, the end of the
Term (“End Date”).
Should you exceed the Max Rides or the Max Ride Duration during the Term you
shall be charged at the standard rate per minute as indicated in the App.
If your Subscription is subject to auto-renewal we shall notify you prior to
your purchase of the Subscription via the App. When a Subscription is subject
to auto-renewal it will be automatically renewed for the same length of time
as the original Subscription period and will continue indefinitely until you
exercise your right to cancel prior to the next auto-renewal period. If you
elect to cancel your Subscription after the auto-renewal date, but prior to
the next auto-renewal period you will not be entitled to any refund for the
remainder of the then current renewal period. The Services will continue to
be available to you during this time.
If a Subscription is subject to auto-renewal we shall notify you of your
right to cancel and the process for cancellation. Should we fail to provide
you with such notification you may terminate the Subscription at any time
following from the auto-renewal date.
Dott reserves the right to modify, amend or vary any Subscription terms
(including the price) by providing you with 14 days prior written notice. You
shall have the right to cancel the Subscription and receive a refund should
you not wish to continue with the modified terms.
Subscriptions may not be used in conjunction with promotional offers, rewards
or other discounts.
Dott may cancel your Subscription: (i) without cause at any time during the
Term by providing you with 30 days prior written notice; (ii) immediately
should you fail to make payment to Dott, or should you be in material breach
of these Terms.
Subscriptions may only be purchased via credit card payment.
Right of Withdrawal applicable to Passes and Subscriptions
If you are a consumer you have a statutory right to withdraw from a Pass or a
Subscription within 14 days of the Start Date. However, as you agree that the
Pass or Subscription will commence immediately on the Start Date (and
expressly request this upon purchasing the Pass or Subscription), you will
lose your right of withdrawal should the End Date occur prior to the
expiration of the 14 day period. Should you exercise your right to withdrawal
you will be entitled to a refund on a pro-rata basis equal to the lesser of:
(i) the number of Max Rides remaining (if applicable); and (ii) the duration
of the Term remaining.
Should you wish to exercise your cancellation rights please email
support@ridedott.com and provide us with a written statement that you wish to
exercise your right of withdrawal together with your name, phone number and
the details of the Pass or Subscription you wish to cancel.
Wallet
In some countries we may offer a wallet as an additional method of payment.
You may elect to load credit to your wallet. The credit balance of your
wallet is always indicated within the App. Credits in your wallet are not
fiduciary currency and are non-refundable and non-redeemable. You may only
utilise credits to purchase the Services from Dott and Dott’s affiliates via
the App.
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INTELLECTUAL PROPERTY
As part of the App Agreement, we grant you a personal, limited, royalty-free,
non-exclusive, revocable and non-transferable, license to download and use
our App solely to enable you to use the Services and for non-commercial
purposes. You may use the App only as permitted by the Terms. You may not,
and will not permit any other party to: (i) modify, reverse engineer (unless
permitted by Article XI.189 of Belgian Economic Code), adapt, improve,
enhance, alter, translate or create derivative works of the App; (ii) create
a database by systematically downloading and storing the App; (iii) access
the Services for the purposes of extracting data whether manually or by
automated means including robots, scrapers, or spiders; and/or (iv) use the
App for any commercial purposes. All our intellectual property rights (such
as copyrights, trademarks and all content incorporated in the Services)
related to the Services, shall remain the exclusive property of Dott and its
licensors at all times and will not be transferred to you in any way. If you
do not comply with the above mentioned terms of use for the App, we can
terminate the App Agreement pursuant to clause 9 below and suspend any
further access to the App and our Services.
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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 BELGIAN PRODUCT
LIABILITY ACT, 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.
YOU SHALL BE OBLIGED TO TAKE ADEQUATE MEASURES TO AVERT AND REDUCE DAMAGES.
FOR THE PURPOSES OF THIS CLAUSE 7 AND CLAUSE 8 BELOW, “DOTT” INCLUDES DOTT,
ITS AFFILIATES, SUBSIDIARIES, OWNERS, MANAGERS, EMPLOYEES, CONTRACTORS,
SUCCESSORS AND ASSIGNS, REPRESENTATIVES, AGENTS AND DIRECTORS.
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INDEMNIFICATION
SUBJECT TO CLAUSE 7 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 MISUSE OF THE SERVICES IN VIOLATION
OF THESE TERMS; (II) YOUR NEGLIGENT OR BREACH OF THESE TERMS; (III) ANY
NEGLIGENT OR 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 USE OF THE SERVICES IN
VIOLATION OF THESE TERMS; AND (V) ANY FINES OR OTHER PENALTIES ARISING FROM
YOUR NEGLIGENT OR 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.
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TERMINATION
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). Such notice will take effect seven (7) calendar days following the
date of the notice. 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 you immediately park and leave any Vehicles in
your possession in a Designated Parking Area as well as fees for the usage of
any Vehicle until the Vehicle is returned.
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MODIFICATIONS
WE MAY AMEND THESE TERMS FROM TIME TO TIME, INCLUDING APPLICABLE FEES AND
INSURANCE POLICIES. 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.
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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,
epidemics, pandemics, a state of epidemic or pandemic emergency, war,
sabotage, government actions, changes of laws, regulations, administrative
provisions and other rules.
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GOVERNING LAW AND JURISDICTION
These Terms, the App Agreement and the Individual Rental Agreements are
solely governed by the laws of Belgium. Any mandatory consumer protection
law remains unaffected by this choice of law clause. Any and all disputes
with regard to the formation and execution of these Terms shall be the
exclusive jurisdiction of the Brussels’ courts.
Pursuant to the art. 14 of EU Regulation 524/2013 in the event of a dispute,
you can file a complaint via the European Union's ODR platform which can be
reached at the following link
http://ec.europa.eu/consumers/odr/.
The ODR platform is an access point for users who wish to settle disputes
arising from sales contracts or online services in the extra-judicial area.
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GENERAL
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 9.
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 to 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 7 and 8 of
these Terms there are no third-party beneficiaries under these Terms.
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CONTACTS
Should you have any questions relating to the Services please email us at:
support@ridedott.com.