Terms of Service

Last update 1 February 2023

These General Conditions of Use of the Service (hereinafter referred to as “GCUS”) define, as from their acceptance by the Client, the conditions of access and use of the CITYSCOOT Service, as these terms are defined below.

CITYSCOOT is an electric mobility service offered by CITYSCOOT, a simplified joint-stock company with a share capital of 16 100 903,80 euros, registered with the Paris Trade and Companies Register under number 800 862 021, whose registered office is located at 8 rue Bayen, 75017 Paris.

The purpose of this service is to offer its Users an electric scooter travel offer through the use of a self-service short-term rental of electric scooters.

Any use of the CITYSCOOT Service implies compliance with the GCUS by the User.

These GCUS are intended for Users of the CITYSCOOT Service in France. Users wishing to access the Service in another country are invited to consult the GCUS of the country concerned on the Website www.cityscoot.eu and to accept them in the Application. In addition, Users wishing to access the CITYSCOOT Service in another city may be invited in the Application to read and accept the GCUS applicable in that city.

 ARTICLE 1 – DEFINITIONS

“User Accessories”

means the things (including goods and fluids) and personal effects (including clothing) that the User and passengers vest, carry or hold on the Scooter during the Rental.

“Scooter Accessories”

refers to approved Helmet(s), the Vehicle Documents and the hygiene hairnets that are present in the Scooter.

“Application”

refers to CITYSCOOT’s mobile application (or the mobile application of a third-party partner) that allows the User to book a Scooter.

 “Helmet”

refers to the helmet(s) belonging to CITYSCOOT, located under the seat and/or in the Citycase (top case) when it is installed and activated, and made available to the User.

“Citycase”

Refers to the top case installed on the Scooter and containing a Helmet when it is activated (meaning usable for the User).

“Booking Code”

refers to the 4-digit code that the User receives at the time of the Booking Confirmation and must enter on the Scooter’s keypad to start the Rental.

“General Conditions of Use of the Service” or “GCUS”

refers to this document, the terms of which must have been accepted by the User in order to use the Service.

“Vehicle Documents”

refers to the following documents: a copy of the insurance certificate, a copy of the vehicle registration document, the accident report, which are present in the Scooter.

“Personal Space”

refers to the online management space accessible by the User having a Cityscoot account via a “My Account” section, accessible on the Website www.cityscoot.eu or on the Application after authentication, from which the User can manage his personal information, consult his Rental history and CITYSCOOT invoices, or purchase prepaid Rental minutes.

“Login Credentials”

refers to the User’s email address (and possibly mobile number) and password chosen to identify and connect to the Application and use the Service.

“Registration”

refers to the process of registering a future User with the CITYSCOOT Service, under the conditions mentioned in Article 5.1 of these GCUS. Registration for the CITYSCOOT Service is free.

“Rental” 

refers to the time of use of the Scooter by a User. The Rental starts as soon as the Booking Code is entered on the Scooter and ends at the User’s initiative (via the END button on the Scooter keyboard or via the Application (if it allows for this), once the Scooter is locked and the “Free” LED on the Scooter is lit) subject to compliance with the Scooter return procedure referred to in Article 7.4.6 or at the initiative of CITYSCOOT in the cases provided for in Article 7.4.8.

“Loyalty Programme”

means the CITYSCOOT Loyalty Programme referred to in Article 14.2.

“Stop” 

refers to the temporary stopping of the Scooter during a Rental Period.

“Booking”

refers to the act of booking a Scooter via the Application before the Rental.

“Scooter” 

refers to one of the electric scooters identified by its licence plate or personal number and made available to Users by CITYSCOOT.

“Service” or “CITYSCOOT Service”

refers to the  self-service short-term Scooter rental service offered by CITYSCOOT or by any company controlled by CITYSCOOT within the meaning of Article L. 233-3 of the French Commercial Code.

“Customer Service”

refers to the CITYSCOOT information and support centre made available to Users to answer their questions and complaints through various channels defined in Article 7.2.

“Website”

refers to the CITYSCOOT Service website available at www.cityscoot.eu.

“Client”

The Client designates any natural person of legal age who has created an account by entering his e-mail address and a password and who has accepted the present CGUS. The Client can only use the Service once his registration to the Service has been finalised.

“User”

refers to any Client who meets all the conditions set out in Article 4 hereof and who has created a CITYSCOOT account or an account in a third-party partner application, and finalised his Registration, enabling him to use and benefit from the CITYSCOOT Service under the conditions of these GCUS.

 “CITYSCOOT Zone”

refers to a geographical area defined by CITYSCOOT within which the User may terminate his Rental by returning the Scooter to a public space authorised for parking motorised two-wheel vehicles of his choice located within this area. The CITYSCOOT Zones are visible in the Application. On the Scooter, a yellow light on the handlebar lights up when it is located outside this area. CITYSCOOT reserves the right to modify the geographical scope of a CITYSCOOT Zone at any time.

 ARTICLE 2 – PURPOSE

The purpose of these GCUS is to define the terms and conditions for access to and use of the Service. Any access to and use of the Service is subject to compliance with the GCUS by the User.

 ARTICLE 3 – PRICING TERMS FOR ACCESS TO THE SERVICE

The Service is billed per minute and after the minutes have been consumed, except in the case of the purchase of “minutes packs” or subscriptions, where billing is independent of consumption.

Any minute of rental time that has been started is counted and billed as a full minute.

The price per minute, the price of the minutes packs and the price of the subscription are indicated in APPENDIX 1.

The prices and penalties applicable are those in effect on the date of the Reservation. They may be modified at any time by CITYSCOOT under the conditions (notably of consent) set out in article 17.2 of these GCUS.

The minutes packs are valid for 365 days from their purchase.

The minutes credited under a subscription are valid during the monthly period under which they are credited, expiring at the end of the said period, as provided for in the general subscription conditions, available here.

ARTICLE 4 – CONDITIONS OF ACCESS TO THE SERVICE

To use the Service, the User must meet all of the following conditions:

  • He must be of legal age (at least 18 years old)

 

  • Submit electronically a copy of the following documents held by him:
  • Valid European driving licence of type AM, A1, A2, A2, A or B or a non-European car driving licence, in any language, provided that it is written in the Latin alphabet and includes an identity photo; or
  • Road safety certificate (BSR);
  • If the natural person has transmitted a BSR, or if he does not have a driving licence and was born before 01/01/1988, or if the transmitted document does not include a photo, he must also transmit one of the following valid documents to access the Service:

 

  • identity card if issued in a country of the European Economic Area or in Switzerland; or
  • passport in any language, provided it is written in the Latin alphabet; or
  • French residence permit (only for persons residing in France).

 

  • He must not owe any amounts to CITYSCOOT which have not been paid in respect of a previous registration or rental with CITYSCOOT.

 

  • He must have a smartphone running on an Android or iOS version compatible with the Application.

 

  • He must submit electronically information regarding one or more of his valid Visa or Mastercard bank cards.

CITYSCOOT reserves the right to carry out periodic inspections to ensure compliance with the above-mentioned conditions of access to the Service.

The possession of a restricted validity licence, or a declaration of loss or theft of the driver’s licence, does not allow either access to the Service or use of the Service.

 ARTICLE 5 – REGISTRATION PROCEDURE

5.1 General provisions 

To register and acquire the User grade, the Client must:

  • upload the documents referred to in Article 4 and a photo of his face using the tool integrated in the Application for the purpose of authenticating said documents
  • complete the Registration Form in the Application, in which the User indicates:
  • his surname,
  • his first name,
  • his date of birth,
  • a valid mobile phone number,
  • a valid email address,
  • his full home address,
  • a password that complies with Cityscoot’s security recommendations. As such, the User is invited to choose a password different from that used for other accounts or services and to change the password regularly (once or twice a year) in order to guarantee optimal security and protect himself against any risk of fraud.
  • have consulted and accepted these GCUS and CITYSCOOT’s Privacy Policy available on the Application and on the Website cityscoot.eu.
  • if he wishes to receive an introduction on the handling of a Scooter.
  • the number of one or more of his valid Visa or Mastercard bank cards on the secure payment interface for subsequent payment of invoices.

The Client must ensure the consistency and accuracy of the information provided.

5.2 Effective date 

User Registration takes effect at the end of the Registration process described above, after verification of the information and documents uploaded by the User, and shall be confirmed within a reasonable delay. The User shall receive confirmation by e-mail.

5.3 Term 

Registration is unlimited as long as the User complies with all the GCUS, without prejudice to Article 5.4 and Article 15 below.

5.4 Unsubscription 

As the Service is not binding, the User is free to stop using the Service at any time.

To this end, the User may unsubscribe at any time by making a request to Customer Service by email to [email protected]. The balance of prepaid or free minutes, if positive, as well as any other benefit acquired by the User under the CITYSCOOT Loyalty Programme, will be definitively lost by the User and will under no circumstances be refunded.

Unsubscription is effective only upon full payment of all sums due by the User to CITYSCOOT.

5.5 Personal nature of the Registration

Registration is strictly personal to the Client and non-transferable.

The Client undertakes to inform Cityscoot’s Customer Service as soon as possible on 09 69 36 20 26 (or by email to [email protected]) and, if necessary, to send it a receipt of his complaint in the event of loss and/or theft of the smartphone(s) on which he has downloaded the Application, in the event of use by a third party of his Login Credentials or in case of loss of their confidential nature for any reason whatsoever.

ARTICLE 6 – RIGHT OF WITHDRAWAL 

By accepting these GCUS, the User accepts that the contract between him and CITYSCOOT consisting in making the Scooter available for short-term rental is executed as soon as his first Booking is confirmed and expressly waives his right of withdrawal, in accordance with the provisions of Articles L. 221-25 and L. 221-28 of the Consumer Code.

In case of purchase of a “minute pack”, the User has the right to withdraw his purchase within fourteen (14) days from the date of purchase.

In this case, the User shall inform the Customer Service of his decision to withdraw by returning the withdrawal form (here) before the expiry of the above-mentioned deadline, or send any statement clearly expressing his willingness to withdraw, to [email protected].

If use of the Service has not begun before the expiry of the right of withdrawal, the User is reimbursed for the full amount he had paid for the “minute pack”.

If use of the Service has begun before the expiry of the right of withdrawal, two cases may apply:

  • if the User has used up the entire minutes of the “pack”, he is charged with the entire price of the “minute pack” as well as with any additional cost/penalty relating to the use of the Service,
  • if the User has partly used up the minutes of the “pack”, he is reimbursed for the full amount paid for the “minute pack” and is charged with the price per minute for the number of minutes used up, as well as with any additional cost/penalty relating to the use of the Service. In that context, promotional rates do not apply.

 ARTICLE 7 – TERMS OF USE OF THE CITYSCOOT SERVICE

The CITYSCOOT Service is only accessible via the Application. It is the User’s responsibility to take all necessary measures to ensure access to and the update of the Application via his smartphone running on a compatible Android or iOS version.

7.1 Personal Space

 The User may, on the Application and on the Website (from his Personal Space):

  • Contact the Customer Service using the dedicated form
  • Consult the Frequently Asked Questions (FAQ)
  • Consult the GCUS
  • Consult CITYSCOOT’s Privacy Policy
  • Update his personal data (address, password, bank cards)
  • Change his city of preference
  • Consult his Booking and Rental history
  • View and download his invoices
  • Check his User status and any benefits acquired under the Loyalty Programme.
  • Define the CityBoost acceleration level (slow, medium or fast)
  • Buy prepaid minute Packs
  • Take out a subscription
  • Enter a Promotional Code
  • Modify and share your Sponsorship Code
  • Check your credit balance

7.2 Customer Service

Users can contact the Customer Service as follows:

  • By telephone on 09 69 36 20 26, 8 am to 11 pm, 7 days-a-week, in particular in the event of an accident or malfunction of the Service, to report a technical incident.
  • By email to [email protected] to ask a question related to his Registration, billing, CITYSCOOT account, or to report a technical problem encountered on the Scooter or on the CITYSCOOT Application, or more generally to make a comment.

7.3 Information on Scooters and Booking

On the Application, the User can:

  • View the positioning and autonomy of the Scooters available in the CITYSCOOT Zones
  • Check the presence of a Citycase and of a second Helmet on the Scooters
  • Book a Scooter
  • Cancel his Booking within a maximum of ten (10) minutes from the time of his Booking
  • Return a rented Scooter under the terms of these GCUS

7.4 Renting a Scooter

7.4.1 Booking a Scooter

The User selects an available Scooter and books it via the Application. He then receives the 4-digit Booking Code, marking the beginning of the Booking period.

He then has 10 minutes to go to the reserved Scooter and unlock it. Unlocking the Scooter marks the end of the Scooter’s Booking Period and the start of the Rental Period.

If the User has not unlocked the Scooter during the 10-minute Booking period, his Booking is automatically cancelled.

7.4.2 Unlocking the Scooter

Unlocking is done through the Application ou by entering the Reservation Code on the numerical keypad on the left side of the Scooter’s handlebars.

The Scooter powers on and the seat opens automatically.

7.4.3 Condition of the Scooter at the start of the Rental Period

The User undertakes to report to the Customer Service any damage he has observed on the Scooter before his departure, via the dedicated section of the Application or by telephone. The User undertakes, as far as possible, to take photos of the damage observed and transmit them via the Contact form in the Application.

Examples of damage that the User must report to the Customer Service:

  • Defective brakes.
  • Broken fairings.
  • Flat tyre.
  • Missing rearview mirror.
  • Broken or twisted brake lever.
  • Broken headlight or broken lights.
  • Broken keyboard or meter.
  • Broken stand.

In such circumstances, the User undertakes not to use the damaged Scooter.

In case the User does not notify any damage at the beginning of the Rental Period, he is deemed to have taken the Scooter in good condition.

7.4.4 Starting the Scooter

To start the Scooter after unlocking it, the User must:

  • Lift the seat to access the Helmet.
  • Adjust the Helmet to his size and put it on.
  • Adjust the rearview mirrors.
  • Set the red button to the right of the handlebar to “ON”.

7.4.5 Temporary stoppage procedure (Stop)

To be able to temporarily park the Scooter, the User must have version 3.7.14 or higher of the Application. To temporarily park the Scooter, the User must:

  • Stand the Scooter in an authorised location.
  • Open the seat by pressing the “Helmet” button on the left side of the handlebar if the User wishes to store the
  • Remove all the User’s Accessories from the Scooter, as CITYSCOOT cannot be held responsible for any forgotten or stolen belongings.
  • Close the seat and check that it is locked.
  • Push the “Pause” button in the Application
  • Wait for the meter to turn off

The rental minutes continue to run during the Stop period.

7.4.6 Scooter return and end of Rental procedure

To return the Scooter and terminate its rental, the User must:

  • Make sure that he is in a CITYSCOOT Zone (orange “OFF ZONE” light off).
  • Ensure that the authorised parking conditions of the municipality and in the Scooter return zone are respected.
  • Make sure that he has parked the Scooter in an authorised place.
  • Stand the Scooter.
  • Open the seat by pressing the “Helmet” button on the left side of the handlebar.
  • Store the Helmet under the seat in the position indicated by the sticker under the seat.
  • Store the second Helmet in the Citycase.
  • Remove all the User’s Accessories from the Scooter, as CITYSCOOT cannot be held responsible for any forgotten or stolen belongings.
  • Close the seat and the Citycase and check that they are locked.
  • Press the END button or click on “End my rental” in the Application.
  • Check that the green “FREE” LED is lit.

If one of the orange or red LEDs lights up or flashes on the Scooter’s keypad, the procedure has not been followed and the User must check that all the steps constituting the return procedure have been completed.

It is the User’s responsibility to check that the end of his Rental is effective. CITYSCOOT cannot be held responsible for extended invoicing in the event of incorrect return of the Scooter.

7.4.7 Condition of the Scooter at the end of the Rental Period

The User undertakes to report to the Customer Service any damage, even minor, which was not already present before rental and which he has observed on the Scooter at the time of its return, via the dedicated section of the Application or by phone. The User undertakes, as far as possible, to take photos of the damage observed and transmit them via the Contact form in the Application or by e-mail to the Cityscoot Customer Service.

7.4.8 End of Rental triggered by CITYSCOOT

CITYSCOOT reserves the right to suspend access to the Service without notice and to cancel a Booking or terminate a Rental in the following cases, without any compensation being due to the User:

  • Technical problem or safety incident affecting the use of the Service or the management of Scooters.
  • Exceptional closure of the Service by decision of a competent authority or for any compelling reason.
  • Force majeure.
  • Failure, accident or automatic detection of an impact of the Scooter concerned.
  • Suspension or deactivation of the User’s account or his access to the Service in accordance with Article 15 of these GCUS.
  • Stoppage of the Scooter if CITYSCOOT is unable to contact the User.
  • Theft of the Scooter during a Rental.

 
7.5 Assistance procedure

7.5.1 Triggering the procedure

The assistance procedure must be initiated by the User in the event of a physical and/or material accident, breakdown or puncture by calling the Customer Service on 09 69 36 20 26 (cost of a local call from a French mobile phone).

The assistance procedure involves steps and diagnostics by CITYSCOOT for which the User will provide his assistance.

7.5.2 Actions and liability of the User and the Customer Service

  1. a) Physical injury or damage to equipment

The User must contact the CITYSCOOT Customer Service by telephone on 09 69 36 20 26 whatever the nature of the accident, provided that he is not the victim of a physical accident preventing him from fulfilling this obligation.

In the event of a physical accident, the User must first contact the emergency services (ambulance, fire brigade) as well as the police services.

To the extent that the User is in a position to do so, he must:

  • Put on the high visibility vest provided under the seat.
  • Make every effort to limit the discomfort or potential danger caused by the damaged Scooter to other road users and/or vehicles.
  • Stay close to the Scooter until it is taken care of by the emergency services.
  • Draw up legibly, even in the event of material damage not involving a third party, an amicable report (a blank copy of which is present under the seat of the Scooter) detailing the circumstances of the accident, countersigned if necessary by the driver(s) of the other vehicle(s) involved in the accident.
  • Send the amicable report by post, as soon as possible and at the latest within 5 working days after the occurrence of the accident, to the following address: CITYSCOOT, Service Sinistres, 8 rue Bayen, 75017 Paris.
  • Inform the Customer Service of the exact circumstances of the incident, its known or presumed causes, the names and addresses of the injured persons and, if possible, witnesses, by email ([email protected]) or by regular mail to the address mentioned above.
  • Collaborate with the CITYSCOOT insurer by any means required by the insurer, providing sincere, accurate and precise information.
  1. b) Failure of the Scooter or puncture

The User must immediately contact the Customer Service on 09 69 30 26 26 regardless of the nature of the breakdown.

The User must:

  • Put on the high visibility vest provided under the seat.
  • Make every effort to limit any disturbance caused by the broken down Scooter to other road users and/or vehicles.
  • Stay close to the Scooter until the express agreement (call, email, SMS, etc.) of the Customer Service; otherwise, he may be charged for the breakdown costs.
  1. c) Attempted theft, theft of the Scooter or vandalism

In the event of theft of the Scooter or vandalism during the rental period, the User must immediately contact the Customer Service on 09 69 36 20 26.

The Customer Service will advise the User of the procedure to follow depending on the diagnosis made.

The User is required to file a complaint with the competent police station or gendarmerie brigade and to send to CITYSCOOT, 8 rue Bayen, 75017 Paris, within forty-eight (48) working hours following the incident, the complaint filing receipt received from the police station or gendarmerie brigade as well as a statement explaining the circumstances of the theft or damage of the Scooter.

  1. d) Automatic impact detection

The Scooter is equipped with an electronic device that allows CITYSCOOT to detect in real time any unusual inclination of the Scooter. In the event of a shock or fall being detected, CITYSCOOT reserves the right to immediately contact the User to diagnose its origin and take the necessary assistance measures.

7.5.3 End of the Rental in the event of an accident

The User’s Rental and invoicing shall cease as from the implementation of the assistance procedure as described in Articles 7.5.1 and 7.5.2.

Nevertheless, the Scooter remains the sole responsibility of the User until it is taken over by an assistance or breakdown service.

 ARTICLE 8 – PAYMENTS

 8.1 General provisions

The User undertakes to pay all sums due in connection with the use of the Service and in particular:

  • The price of using the CITYSCOOT Service,
  • The fines and financial consequences of any traffic violations committed by the driver,
  • Insurance deductibles in the event of a claim; these are listed in APPENDIX 3,
  • The penalties listed in APPENDIX 2 of these GCUS.

The User undertakes to stay up to date with his financial obligations towards CITYSCOOT throughout the duration of the contractual relationship.

The elements due by the User identified above will be subject to additional invoicing, sent to the User within three (3) months of the date on which CITYSCOOT becomes aware of the facts giving rise to their application.

8.2 Payment of the Rental

The price of the Rental, defined in accordance with Appendix 1, is due at the end of each Rental, except in case of a pack of minutes (payment upon purchase) or a subscription (payment at the beginning of every monthly period).

CITYSCOOT issues an invoice after each purchase and after each use of the Service not fully covered by a credit of minutes (ergo implicating a new payment). The debit will be made on the User’s credit card, the details of which were entered at the time of Registration, within the period indicated on such invoice.

In case of rejection of the debit, the User can pay his invoice directly to CITYSCOOT from his Personal Space. The regularisation of a payment incident by direct payment will unblock access to the User’s Service, unless the blocking also results from non-compliance with other provisions of these GCUS.

8.3 Updates of payment methods

The User undertakes to update his contact details and banking information as and when changes occur, so that the User’s information available to CITYSCOOT is up to date throughout the duration of the contractual relationship.

In the event of the expiry of his credit card, the User undertakes, fifteen (15) days before the expiry of said card, to update his bank details in his Personal Space. This update must take place as soon as the new bank card is received and before the expiry of the previous one.

In the event of non-compliance with this obligation or the User’s credit card being invalid for any reason whatsoever, CITYSCOOT may suspend access to the Service until the situation has been resolved by the User. During the suspension of access to the Service, the User nevertheless remains liable for the payment of his unpaid invoices.

 8.4 Authorisation to debit the credit card

By entering his credit card references when registering or as part of any update of his banking information in his Personal Space, the User grants CITYSCOOT an authorisation to debit his credit card for all amounts due by the User in accordance with these GCUS (and in particular, without this list being exhaustive, rental fees, penalties, deductible in the event of an accident or theft without third party liability, etc.).

An imprint of the User’s credit card is required to validate the Registration and authorise the collection of the amounts due.

8.5 Invoicing

The User’s invoices will be made available electronically in his Personal Space, which the User expressly accepts. The User undertakes to regularly consult his Personal Space on the Site or in the Application to consult his travel history, outstanding amounts, invoicing and the related due dates.

The User can download his invoices via his Personal Space.

The User acknowledges and accepts that in the event of a Scooter Rental in a country other than France where the Service is available, CITYSCOOT may communicate information concerning him, and in particular his banking data, for the purpose of invoicing by the local CITYSCOOT entity in the country concerned.

 ARTICLE 9 – USER’S OBLIGATIONS

 9.1 Driving the Scooter

The User must use the Scooter as a responsible driver, in accordance with these GCUS, and in strict compliance with the provisions of the Highway Code.

In addition, the User must take care of the Scooter, ensure that it is safe and parked in a safe place authorised for parking motorised two-wheel vehicles when not in use, and to use any mandatory safety element provided with the Scooter.

The User is required to check, when accessing the Scooter, the presence of the Scooter Accessories and the Vehicle Documents. If any items are missing, he must immediately notify the Customer Service by calling the assistance number 09 69 36 20 26.

He is also prohibited from smoking, drinking and eating or from using his phone once on the Scooter.

CITYSCOOT recommends wearing clothing adapted to the use of this type of vehicle, it being specified that they are not provided (except for the high-visibility vest, which is optional to wear and the Helmet, which is mandatory to wear). The User is reminded that wearing gloves is mandatory in accordance with Article R. 431-1-2 of the Highway Code. The User must have approved gloves within the meaning of the aforementioned article and wear them when driving the Scooter.

In addition, the User must return the Scooter according to the procedure described in Article 7.4.6.

 
9.2 Use of the Scooter

The Scooter is approved for the transport of one passenger.

The User may not use the Scooter or allow anyone else to use it:

  • For the transport of goods for valuable consideration.
  • To tow or push any vehicle, trailer or other object.
  • On the road or on road adapted to Scooters.
  • When the Scooter is overloaded.
  • For the transport of objects or substances (flammable, corrosive, toxic, explosive, ionizing or oxidizing substances, etc.) which, due to their condition or smell, may damage the Scooter and/or delay the possibility of renting the Scooter again.
  • To participate in sports competitions (races, tests, demonstrations, etc.).
  • In violation of the Highway Code or other regulations.
  • For any unlawful purpose.
  • For any sublease free of charge or against payment.
  • For the transport of passengers against payment, even occasionally.
  • For learning to drive.
  • To transport animals or load heavy packages or move.
  • If he is in violation of any obligation mentioned in the GCUS.

 9.3 Authorised driver of the Scooter

The Scooter may only be driven by the User who has rented the Scooter. The User undertakes not to let anyone else drive the Scooter, even if that person is himself a User of the CITYSCOOT Service. If the User does not comply with this commitment, the penalties provided for in Appendix 2 of these GCUS shall apply. Similarly, the User is not authorised to allow a third party (including a member of his family) to use his login and password to access the Service.

Any use of the Application with the User’s Login Credentials is deemed to have been made by the User himself.

 

Each User is responsible for the creation, storage and use of his Login Credentials, which are strictly personal to him and may not be shared with third parties. He is solely responsible for their confidentiality and security.

 

In the event of loss or theft of his password, it is the User’s responsibility to change it immediately, so that his account remains both secure and functional.

The User remains exclusively and entirely responsible for any use of the Service made through his account.

The User undertakes to update his contact details as and when changes occur, so that the User’s information available to CITYSCOOT is up to date throughout the duration of the contractual relationship.

9.4 Driving licence

If the User is in the situation of having to hold a driving licence referred to in Article 4.2, he undertakes that it has been validly issued by the competent authorities of his native country or the country in which he lives and is not suspended, cancelled, withdrawn or expired at the time of his Registration and each Scooter Rental.

The User undertakes to hold any document or licence referred to in Article 4 enabling him to establish his ability to drive the Scooter.  The document or permit must be validly issued by the competent authorities of his native country or the country in which he resides. These documents may not be suspended, cancelled, withdrawn or expired at the time of Registration and each Scooter Rental. The same applies to any additional documents required for driving the Scooters.

It is recalled that Users holding a driving licence issued by a country outside the European Union, and which is not in French, are required to provide an official translation into French of their driving licence and international licence if the latter is required to enable the User to use a Scooter in France. This translation (as well as their identity document) may be requested in case of control by CITYSCOOT or by a competent authority.

9.5 Driving ability

The User undertakes, when using a Scooter, not to be under the influence of alcohol, drugs, medication (including those bearing the “level 2” or “level 3” pictograms governed by article R. 5121-139 of the French Public Health Code), treatment or any other legal or illegal substance that could affect his/her faculties or his/her ability to control the Scooter. If this is not the case, the User will lose the benefit of the individual driver’s insurance referred to in article 10.2 below. However, he/she will continue to benefit from the compulsory motor vehicle liability insurance provided for in article L. 211-1 of the French Insurance Code.

9.6 Traffic restrictions

The Scooter may only drive on lanes authorised for L1e category vehicles, in accordance with the Highway Code. If the User does not comply with this commitment, the penalties provided for in APPENDIX 2 of these GCUS shall apply.

 

9.7 Damage

The User is solely and entirely responsible for any damage to persons and property (including the Scooter) caused by the use of the Scooter for the entire duration of the Rental.

The User is required to return the Scooter in the same condition as it was in before the Rental. In the event of loss or damage occurring during the Rental period, the User must compensate CITYSCOOT for the losses and expenses incurred up to a fixed deductible of 500 Euros (excluding helmet), unless the loss or damage is attributable to a third party, which may be charged to the User’s credit card. This assessment will be made on the basis of the price of spare parts defined here. This price list is provided for information purposes only. Only the price communicated to the User at the time of repair is valid.

 9.8 Non-compliance with these GCUS

In the event of non-compliance with the User’s obligations under these GCUS, whether by the User or by persons under his responsibility (potential passenger), the User shall be required to compensate CITYSCOOT for any liability and for any loss, damages and/or expenses that CITYSCOOT may have to bear as a result of the User’s failure, in particular if the User’s failures result in the exclusion of the insurance coverage subscribed by CITYSCOOT (without prejudice to the application of any additional penalties provided for in Appendix 2). This provision is not exclusive of any other recourse that CITYSCOOT may have against passengers or third parties in respect of their respective liability.

 ARTICLE 10 – INSURANCE

During the rental period, the User benefits, subject to the exclusions mentioned in this article, from the insurance taken out by CITYSCOOT covering civil liability, individual driver’s guarantee and the guarantee for Criminal Defence and Recourse following an accident, fire, theft or attempted theft of the Scooter, vandalism, as well as damage and assistance to the Scooter.  The cost of the insurance is included in the rental price.

 

The full range of cover and excesses is detailed in Appendix 3.

 

The insurance cover is offered by ALLIANZ IARD, a company governed by the French Insurance Code – Société Anonyme with a capital of €991,967,200 – 1 cours Michelet – CS 30051 – 92076 Paris La Défense Cedex – 542 110 291 RCS Nanterre – A company subject to the Autorité de Contrôle Prudentiel et de Résolution – 4, Place de Budapest -CS 92459- 75436 Paris cedex 09, hereinafter referred to as “the Insurer”.

 

Glossary relating to this article :

“Accident (or accidental event)”:

A sudden, fortuitous, unforeseen event.

 

“Environmental damage”:

– The emission, dispersion, release or deposit of any solid, liquid or gaseous substance into the atmosphere, soil or water,

– The production of odours, noise, vibrations, waves, radiation or temperature variations exceeding the measure of neighbourly obligations.

Environmental damage is said to be “accidental” when it is caused by a sudden and unforeseen event and is not slow, gradual, progressive or chronic.

 

“Forfeiture”

Loss of the right to cover for the loss in question.

 

“Expenses” :

The fees of the legal expert, the remuneration of the bailiff for summoning, serving and enforcing a court decision, the emoluments of the applicant, stamp duties and court fees. More generally, the legal costs generated by the trial, distinct from the costs and fees of the lawyer.

 

“Bodily injury”:

Any physical injury suffered by a natural person.

 

“Immaterial damage” :

Pecuniary damage directly consecutive to the occurrence of an insured bodily injury or material damage, resulting from the deprivation of enjoyment of a right, the interruption of a service rendered by a person or by property, or the loss of a benefit, with the exception of collective benefits derived by man from the environment.

 

“Property damage” :

Any destruction, deterioration or disappearance of a thing or substance, any physical damage to animals

 

“Exclusion from coverage”:

Clause which deprives you of the benefit of one or more guarantees. It is up to the Insurer to prove the exclusion.

 

“Explosion – Implosion”:

A sudden and violent action of pressure or depression of gas or steam.

 

“Excess” :

The amount always deducted from the amount of the indemnity in the event of a claim and remaining at your expense.

 

“Fire”:

Combustion with flames.

 

“Nullity”:

Cancellation of your contract, which is considered never to have existed.

 

“Ecological damage”:

Non-negligible damage to the elements or functions of ecosystems or to the collective benefits derived by man from the environment. This ecological damage cannot be qualified as personal injury, material damage or immaterial damage, which have their own definitions.

Ecological damage is said to be “accidental” when it is caused by a sudden and unforeseen event and does not occur in a slow, gradual, progressive or chronic manner.

 

“Limitation period”:

A period of time after which an action can no longer be brought.

 

“Liability claim”:

A civil liability claim is any damage or set of damages for which the insured is liable, resulting from a harmful event and having given rise to one or more claims. The harmful event is the one which constitutes the cause of the damage. A set of harmful events with the same technical cause is considered to be a single harmful event, including in the case of a group action in environmental matters referred to in Article L142-3-1 of the Environmental Code.

In the event of a group action in environmental matters referred to in Article L142-3-1 of the Environmental Code, the group action of persons in a similar situation and the sum of the individual actions brought against you, suffering damage resulting from a loss in the areas mentioned in Article L142-2 of the same code, having as their common cause a breach of the same nature of your legal or contractual obligations at the origin of their damage, constitute one and the same claim.

 

“You/the User”:

Refers to the beneficiary of the insurance cover as described in Article 10 of these General Conditions. 

 

10.1 Civil liability insurance

 

10.1.1 By registering for the Service, the User benefits from compulsory civil liability insurance in accordance with Articles L.211-1 to L.211-8 of the Insurance Code.

10.1.2 The civil liability insurance covers bodily injury caused to third parties by the User, with no limit on the amount, and material damage up to a maximum of 100,000,000 euros, including 1,500,000 euros (€1,500,000) for material damage resulting from accidental environmental damage or ecological damage.

 

10.1.3 The following are excluded from coverage:

  • voluntary acts.
  • damage caused to goods and objects transported by the Scooter.
  • compensation for damage suffered by the perpetrators, co-perpetrators or accomplices of a theft of the Scooter.
  • the payment of fines and impoundment fees.
  • Damage caused or aggravated by the transport with the Scooter of flammable, explosive, corrosive or oxidising materials;
  • Damage caused by the Scooter when it is carrying ionising radiation sources intended for use outside a nuclear facility, if these sources would have caused or aggravated the loss;
  • Damage suffered by the holder of the Scooter in the event of theft, breach of trust or driving without the authorisation of CITYSCOOT;
  • Damage to or theft of the User’s Accessories;
  • Damage suffered by garages, brokers, sellers and repairers of motor vehicles, persons practising the control of their proper functioning, as well as their employees during repairs, towing, repairs, controls or sale of the Scooter;
  • Damage involving your responsibility and occurring during events, races, competitions or their trials, subject by the regulations in force to prior authorisation by the public authorities.
  • Regularity rallies and tourist concentrations are not affected by this exclusion as long as they meet the conditions below:

o Regularity rally: Participation of the insured vehicle in a drive on a road not exceeding 50km/h, in compliance with the provisions of the highway code.

o Tourist rallies: Gathering of motorised land vehicles, which takes place on a public road or one open to public traffic in compliance with the Highway Code, which requires participants to meet at one or more assembly points or to pass through and which is not of a competitive nature or ranking.

 

10.2 “Criminal defence and recourse following an accident” cover

 

The Insurer has entrusted the management of “Criminal defence and recourse following an accident” claims to an autonomous and separate department, whose contact details are:

Allianz IARD

Criminal Defence and Recourse Department

TSA 71016

92076 Paris La Défense Cedex

or any other organisation which may be substituted for it and which will have been notified to you by any means.

Your usual Allianz contact person is also at your disposal to provide you with any assistance you may require in connection with this cover.

 

  1. Who is covered?

 

“You” means

 – The user,

 – any person being transported,

 

  1. What is the Insurer’s role?

 

In the event of a traffic accident involving the vehicle rented from Cityscoot, we will provide you with help and assistance to

  1. Defending you

If you are subject to criminal proceedings before the criminal courts while the vehicle hired from Cityscoot is being used under the terms of this contract.

  1. Exercising your recourse

When you are the victim of damage caused by a third party.

We undertake to :

 – to inform you of the extent of your rights, and to give you all the advice and guidance you need to assert them,

 – to implement all amicable or legal means likely to obtain compensation for your loss.

 

  1. Implementation of the guarantee

 

A. Terms and conditions of application

In order to assert your rights, you must :

 – declare your dispute to the Insurer in writing, as soon as you become aware of it,

 – transmit to the Insurer, at the same time as the declaration of the claim, all the documents and evidence proving the reality of your loss; otherwise the Insurer will not be able to deal with your case.

The Insurer will not pay for any expenses incurred by you in order to provide this evidence of your loss, unless the Insurer gives its prior agreement,

 -send to the Insurer, as soon as they are received, all notices, letters, summonses, bailiff’s writs, writs of summons and procedural documents which may be sent, delivered or served on you.

You must obtain the Insurer’s prior agreement :

 – before entrusting the defence of your interests to a lawyer or a person qualified by the laws or regulations in force or before initiating legal proceedings or a new stage in them.

If you fail to do so, the resulting costs will be borne by you.

This exception does not apply if you can show that there is an urgency to have incurred them. If the loss requires urgent conservatory measures, you may take them, on condition that you notify the Insurer within 48 hours,

 – before accepting from the other party an indemnity which would be offered directly to you,

Failing this, if the Insurer has incurred costs, they will be charged to you to the extent that the Insurer is unable to recover them.

 

B. Expenses covered

The Insurer shall pay, up to a limit of 10,000 euros including tax per claim :

 – the expert’s fees,

 – the costs and/or fees of the legal representatives to assert your rights,

 – costs, unless you are successful in the action and you have to reimburse them to your opponent.

If the assistance of a lawyer (or any person qualified by the legislation in force) is necessary, you are free to choose his or her assistance. At your written request, the Insurer can put you in touch with a lawyer he knows.

The Insurer will pay the costs and fees of your lawyer within the limits of the amounts shown in the table below, for each assistance with an investigation or expert report, settlement protocol, order, judgment or ruling.

These amounts include the usual costs inherent in the management of a case (copying, telephone, travel costs, etc.), the preparation of the case, any pleading and constitute the limit of our coverage even if you change lawyers.

 

Settlement protocol, arbitration, criminal and civil mediation                                                                               500 € VAT included

Amicable procedures                                                                                                                                                                        350 € incl. VAT

Assistance in investigative measures or expertise                                                                                                       350 € VAT included

Administrative commissions                                                                                                                                                 350 € VAT included

Summary proceedings and enforcement judge                                                                                                            500 € VAT included

Local judge                                                                                                                                                                                   500 € VAT included

Police court

 – without civil action                                                                                                                                                                350 € VAT included

 – with civil action and 5th class                                                                                                                                           500 € VAT included

Criminal court                                                                                         

       – without civil action                                                                                                                                                         700 € VAT included

 – with civil action                                                                                                                                                                       800 € VAT included

Judicial court :

10,000 € (including Chambre de proximité and Juge du contentieux de la protection)                               700 € VAT included

CIVI (Commission d’Indemnisation des Victimes d’Infractions)                                                                              700 € VAT included

 

Judicial court: issue > 10 000 € or indeterminate claim, commercial :

Social Security Court, Administrative Court                                                                                                                 €1,000 VAT included

Court of Appeal                                                                                                                                                                       €1,000 VAT included

Assize Court                                                                                                                                                                              €1,500 VAT included

Court of Cassation, Council of State, European jurisdictions                                                                                €1,700 VAT included

The costs and fees of legal expertise are covered up to a maximum of €3,050 including tax per dispute (this legal expertise budget is taken into account in the calculation of the maximum ceiling per dispute).

 

C. What to do in case of disagreement between you and the Insurer?

In accordance with Article L127-4 of the Insurance Code, in the event of disagreement between you and the Insurer concerning the measures to be taken to settle the dispute, this difficulty may be submitted to the assessment of a third party designated by mutual agreement by the parties or, failing this, by the President of the Court of Justice ruling in summary proceedings.

The costs incurred in implementing this option shall be borne by the Insurer.

However, the President of the Court of Justice, ruling in summary proceedings, may decide otherwise if you have exercised this option in abusive conditions.

If you initiate legal proceedings at your own expense and obtain a more favourable solution than that proposed to you by the third party or the Insurer, the Insurer will compensate you for the costs incurred in the exercise of this action, within the limits provided for in the paragraph “Costs covered”.

 

D. What to do in case of conflicts of interest?

As soon as you have declared your dispute to the Insurer, you are free to call upon a lawyer of your choice (or any other person qualified by the legislation or regulations in force), if you consider that a conflict of interest may arise between you and the Insurer (for example, if the Insurer is required to defend at the same time the interests of the person against whom you have asked the Insurer to exercise your recourse).

In this eventuality, the Insurer will pay the costs and fees of a lawyer within the limits provided for in the paragraph “Costs covered”.

 

E. Subrogation

By virtue of the provisions of Articles L121-2 of the Insurance Code, the Insurer shall substitute itself for you in your rights and actions for the recovery of sums which may be awarded to you by way of costs and compensation paid by virtue of Articles 700 of the Code of Civil Procedure, 475-1 and 375 of the Code of Criminal Procedure, L761-1 of the Code of Administrative Justice and 75-1 of the Law of 10 July 1991 (or their equivalents before courts other than French courts), up to the amount that the Insurer has paid and after having first discharged you if costs and fees have been left at your charge.

 

F. Duration of coverage

The Insurer covers disputes :

 – for which the triggering event (fact, event or situation which is the source of the dispute) is subsequent to the date on which your cover takes effect.

The Insurer will nevertheless take charge of disputes whose originating fact is prior to the date on which your cover takes effect, if you provide the Insurer with proof that you could not have been aware of this fact prior to this date,

 – and that you declare to the Insurer between the effective date and the end of your cover

 

G. What is not covered:

 – Investigations to identify or trace the opponent.

 – Accidents that occur :

– when you are drunk or under the influence of a drug or narcotic not prescribed by a competent medical authority, likely to be penalised,

– or when you have refused to submit to checks intended to establish proof of these conditions, unless it is established that the accident is unrelated to one of these conditions.

 – Sums of any kind that you may be ordered to pay: principal sum, fines, damages, costs (if you have to reimburse them to your adversary), compensation awarded under Article 700 of the Code of Civil Procedure and its equivalents.

 – The costs and fees generated by an initiative taken without prior agreement from the Insurer.

 – Sums of any kind that you may be ordered to pay: principal sum, fines, damages, costs (if you have to reimburse them to your adversary), compensation awarded by virtue of article 700 of the Code of Civil Procedure and its equivalents.

 – Costs and fees incurred as a result of an initiative taken without our prior agreement, unless you can justify having incurred them as a matter of urgency,

 – Fees for results.

 – Proportional fees.

 – Legal recourse for claims of less than 230 euros including tax.

 

10.3 Individual Driver’s Insurance

 

10.3.1 Purpose of the cover

 

The user, as the driver of the scooter, is covered by the driver’s insurance. The purpose of this cover is to compensate the user for any personal injury he may suffer.

 

10.3.2 Scope of coverage

 

In the event of a traffic accident, whether or not the User is responsible, fire, explosion or natural phenomenon, in which the Scooter is involved, the User or his or her beneficiaries in the event of death will be compensated for all losses resulting from the bodily injuries suffered.

The compensation is calculated according to the rules of French common law, i.e. according to the rules usually applied by French courts and tribunals in matters of compensation for victims of road accidents, regardless of the location of the accident, up to a limit of 250,000 euros.

It is understood to be after deduction of benefits of a compensatory nature paid or due by social organisations, the employer, the Fonds de Garantie des Assurances Obligatoires, or any other third party payers referred to in Article 29 of the Law of 5 July 1985.

In the event of death, the guarantee applies, up to a limit of 250,000 euros, to compensation for the loss suffered by the rightful claimants, calculated according to the rules of French common law.

A deductible of 15% is applied to the only item of loss “Permanent loss of physical and mental integrity”, the other items of loss are therefore compensated without deductible. No compensation will be paid for the loss item “Permanent loss of physical and mental integrity” if the rate determined is less than or equal to 15%.

 

10.3.3 Exclusion of coverage

 

Personal injury to the User is excluded if :

  • Is under the age required by these GCUS to make a Registration or does not have the valid certificates or licences required by the regulations in force for driving the Scooter.
  • At the time of the accident, was driving under the influence of alcohol as defined by the legislation in force, of narcotics not prescribed by a doctor or of medication prohibiting driving (medication with the pictogram “level 3: Caution, danger: do not drive”), unless the accident is unrelated to this condition.
  • Or has refused to submit to the checks intended to establish proof of these conditions.
  • Participates as a competitor in sports or motor vehicle events, races or competitions (or their trials).
  • Is driving in a place not regulated by the Highway Code.
  • Is not authorised to drive the Scooter.

 

Is not covered:

  • Damage caused by the Scooter when it is carrying ionising radiation sources intended for use outside a nuclear facility, where such sources would have caused or aggravated the loss;
  • Damage caused or aggravated by the transport with the Scooter of flammable, explosive, corrosive or oxidising materials;
  • Aggravation of permanent damage to physical and mental integrity due to negligence on the part of the User in his medical treatment;

 

10.4 General exclusions

 

The insurance does not cover:

  • damage to accessories (helmet, boot, etc.),
  • damage to and theft of personal belongings (including mobile phones), tyre punctures in all cases,
  • damage resulting from driving the vehicle in conditions contrary to the rules of the road and road safety, as well as those resulting from driving the vehicle by a third party other than the User.
  • Insured property and/or activities where the insurer is prohibited from providing an insurance contract or service due to a sanction, restriction or prohibition provided for by conventions, laws or regulations, including those decided by the United Nations Security Council, the Council of the European Union, or by any other applicable national law.
  • The insured goods and/or activities when they are subject to any sanction, restriction, total or partial embargo or prohibition provided for by conventions, laws or regulations, including those decided by the United Nations Security Council, the Council of the European Union, or by any other applicable national law.

It is understood that this provision only applies in the event that the insurance contract, the insured goods and/or activities fall within the scope of the decision on the restriction sanction, total or partial embargo or prohibition.

  • Damage or aggravation of damage, losses, claims resulting from:

o civil or foreign war,

o international or non-international armed conflict, as defined by the Geneva Conventions and the judgements and decisions of international tribunals

o invasion,

o the explosion of munitions of war.

However, damage suffered on national territory is covered when the explosion of munitions of war is an act of terrorism as defined by the penal code; the cover then applies under the conditions, limits and exclusions provided for in the contract under the Attack and act of terrorism cover.

The following terms are defined as follows

– International armed conflict: Exists whenever there is recourse to armed force between two or more States. 

– Non-International Armed Conflict: Exists whenever there is recourse to armed force between states or prolonged armed conflict between government authorities and organised armed groups or between such groups within a state.

– Invasion: military action that directly threatens the autonomy of a nation or territory.

  • Damage to the insured vehicle where the vehicle has had its Kw power changed from the manufacturer’s model, which has not been declared to us.

 

10.5 Your duties in the event of a claim

 

  • You must report your claim by any means, as soon as you become aware of it, within 5 working days.

If you do not respect the declaration deadlines and if we prove that this delay has caused us prejudice, you will lose your right to compensation (forfeiture), unless your delay is the result of a fortuitous event or force majeure.

  • You must provide us with the declaration: the joint report, the exact description of the event, all the information useful for identifying the injured parties, the driver, the victims, any witnesses and the third parties responsible.
  • Transmit, as soon as they are received, to the Insurer all documents, information, summonses, writs of summons, extra-judicial acts and procedural documents, in relation to the claim, which would be addressed to you, delivered or served, or requested by the Insurer.
  • Provide the Insurer with the documents needed to assess the damage as soon as possible

 

You will lose the benefit of the guarantees of the contract, for the totality of the consequences arising from the loss if you or the beneficiary of the guarantee intentionally make false declarations concerning the date, nature, causes, circumstances or consequences of the loss.

 

The same shall apply if you or the beneficiary of the guarantee intentionally exaggerate the amount or the seriousness of the loss or knowingly use incorrect documents.

It is up to the Insurer to prove the false declaration, the exaggeration or the use of inaccurate documents.

 

If compensation has already been paid, it must be reimbursed to the insurer and you are liable to prosecution.

 

If your liability is called into question and if you are covered by your contract, the Insurer will assume your defence. Thus, the Insurer takes charge of the costs of the trial, of the release, and other settlement costs.

 

The Insurer alone has the right to settle with the victims or their beneficiaries, within the limits of its cover.

No settlement or acknowledgement of liability shall be enforceable against the Insurer if it is not made by him. However, the admission of the materiality of a fact, nor the mere fact of having provided the victim with urgent assistance, when this is an act of assistance that any person is normally inclined to carry out, shall not be considered as an acknowledgement of liability.

 

  • Safeguarding victims’ rights:

 

The following may not be invoked against victims or their dependants

– the nullity of the insurance contract (Article L. 211-7-1 of the Insurance Code);

– the deductibles provided for in the contract;

– forfeiture of cover, with the exception of the regular suspension of cover for non-payment of the premium;

– the reduction of the indemnity provided for by the Insurance Code in the event of an inaccurate or incomplete declaration of the risk, made in good faith (Article L 113-9 of the Insurance Code);

– the exclusions of guarantees provided for in Articles R. 211-10 and R. 211-11 of the Insurance Code:

▪ the driver is not of the required age or does not possess the certificates, in a state of validity, required by the regulations in force for driving the vehicle, except in the case of theft, violence or use of the vehicle without the insured’s knowledge;

▪ failure to comply with sufficient safety conditions set by decree for the transport of passengers (Art. A 211.3 of the Insurance Code);

▪ as a result of damage caused by the vehicle when it is transporting sources of ionising radiation intended for use outside a nuclear facility, where the said sources would have caused or aggravated the loss;

▪ for damage caused by the vehicle when it is carrying flammable, explosive, corrosive or oxidising substances and in connection with which the said substances would have caused or aggravated the loss; however, non-insurance may not be invoked in respect of the carriage of oils, mineral spirits or similar products, not exceeding 500 kilograms or 600 litres, including the supply of liquid or gaseous fuel necessary for the engine ,

▪ damage occurring in the course of events, races, competitions, or their trials, subject by the regulations in force to prior authorisation by the public authorities.

 

Important

 

We will pay the compensation on your behalf up to the maximum amount guaranteed.

If you are responsible, we will take action against you for reimbursement of the sums thus advanced by us.

 

We are also obliged, when we invoke an exception to the legal or contractual guarantee, to present the victim with an offer of compensation as provided for in Articles L211-9 to L211-17 of the Insurance Code.

 

10.6 Limitation of actions deriving from the insurance contract

 

The provisions relating to the limitation of actions deriving from the insurance contract are set out in Articles L114-1 to L114-3 of the Insurance Code reproduced below:

 

Article L114-1 of the Insurance Code:

All actions deriving from an insurance contract are prescribed by two years as from the event which gives rise to them. As an exception, actions arising from an insurance contract relating to damage resulting from land movements due to drought and soil dehydration, recognised as a natural disaster under the conditions provided for in Article L. 125-1, are prescribed by five years from the event giving rise to them.

However, this period does not run :

1° In the event of concealment, omission, false or inaccurate declaration of the risk incurred, only from the day when the insurer became aware of it;

2° In the event of a claim, only from the day when the persons concerned became aware of it, if they prove that they were unaware of it until then.

When the insured’s action against the insurer is based on recourse by a third party, the limitation period shall run only from the day on which the third party has taken legal action against the insured or has been compensated by the latter.

The limitation period is extended to ten years in life insurance contracts where the beneficiary is a person other than the policyholder and, in personal accident insurance contracts, where the beneficiaries are the rightful claimants of the deceased insured.

In the case of life insurance contracts, notwithstanding the provisions of paragraph 2, the beneficiary’s actions shall be barred at the latest thirty years after the death of the insured.

 

Article L114-2 of the Insurance Code:

The limitation period is interrupted by one of the ordinary causes of interruption of the limitation period and by the appointment of experts following a claim. The interruption of the limitation period may also result from the sending of a registered letter or an electronic registered letter, with acknowledgement of receipt, addressed by the insurer to the insured in respect of the action for payment of the premium and by the insured to the insurer in respect of the settlement of the indemnity.

 

Article L114-3 of the Insurance Code:

Notwithstanding Article 2254 of the Civil Code, the parties to the insurance contract may not, even by mutual agreement, modify the duration of the limitation period, nor add to the causes of its suspension or interruption.

 

Additional information :

 

The ordinary causes of interruption of the limitation period referred to in Article L114-2 of the Insurance Code are set out in Articles 2240 to 2246 of the Civil Code reproduced below.

 

Article 2240 of the Civil Code:

The recognition by the debtor of the right of the person against whom he was prescribing interrupts the prescription period.

 

Article 2241 of the Civil Code:

An application to the courts, even in summary proceedings, interrupts the limitation period as well as the period of foreclosure. The same applies where it is brought before an incompetent court or where the act of bringing the matter before the court is annulled by reason of a procedural defect.

 

Article 2242 of the Civil Code:

The interruption resulting from the legal claim produces its effects until the extinction of the proceedings.

 

Article 2243 of the Civil Code:

The interruption is null and void if the plaintiff withdraws his claim or allows the proceedings to lapse, or if his claim is definitively rejected.

 

Article 2244 of the Civil Code:

The limitation period or the period of foreclosure is also interrupted by a protective measure taken pursuant to the Code of Civil Enforcement Procedures or an act of forced execution.

 

Article 2245 of the Civil Code:

The interpellation made to one of the joint and several debtors by a legal demand or by an act of forced execution or the recognition by the debtor of the right of the one against whom he was prescribing interrupts the prescription period against all the others, even against their heirs. On the other hand, the interpellation made to one of the heirs of a joint and several debtor or the acknowledgement of this heir does not interrupt the prescription period with regard to the other co-heirs, even in the case of a mortgage claim, if the obligation is divisible. This interpellation or acknowledgement interrupts the limitation period, with respect to the other co-debtors, only for the share for which this heir is liable. In order to interrupt the limitation period for the whole, with regard to the other co-debtors, it is necessary that the interpellation be made to all the heirs of the deceased debtor or the recognition of all these heirs.

 

Article 2246 of the Civil Code:

The interpellation made to the principal debtor or his acknowledgement interrupts the prescription period against the guarantor.

 

To find out about any updates to the above provisions, please consult the official website “www.legifrance.gouv.fr”.

 

10.7 Anti-money laundering fighting

 

The checks that we are legally obliged to carry out in the context of the fight against money laundering and the financing of terrorism, particularly on cross-border capital movements, may lead us to ask you at any time for explanations or proof, including on the acquisition of insured goods.

In accordance with the French Data Protection Act of 6 January 1978, as amended, and the Monetary and Financial Code, you have the right to access the data concerning you by sending a letter to the Commission Nationale de l’Informatique et des Libertés (CNIL).

 

10.8 Customer Relations and Mediation

 

Your complaint must be sent to us in writing (by post or email) unless the complaint you made orally or via instant messaging has been resolved fully and immediately.

 

If you have any difficulties, please consult your usual sales contact first.

If you are not satisfied with their response, you can :

– make your claim directly on the allianz.fr website,

– or send a letter to Allianz relations Clients – Case Courrier S1803 – 1 cours Michelet – CS 30051 – 92076 Paris La Défense Cedex.

 

We will acknowledge receipt of your written complaint within 10 working days of sending it and we will provide you with a written response within a maximum of 2 months.

 

In any event, you may refer your complaint to the independent insurance ombudsman within two months of sending your first written complaint:

By post: La Médiation de l’Assurance – TSA 50110 – 75441 Paris Cedex 09

By e-mail: www.mediation-assurance.org

Your request to the Insurance Ombudsman must, if necessary, be made within one year of your first written complaint to us.

You can always take legal action.

If you take out your insurance contract online, you have the possibility, as a consumer, to use the European Commission’s Online Dispute Resolution (ODR) platform by using the following link: http://ec.europa.eu/consumers/odr

 

10.9 Consumers’ right to object to telephone solicitation:

 

If you do not wish to be the subject of commercial canvassing by telephone, you can register free of charge on the telephone canvassing opposition list (Bloctel).

These provisions are applicable to all consumers, i.e. to any natural person who acts for purposes that are not part of his or her professional activity.

 

10.10 Protection of personal data

 

  1. Who is responsible for your data?

Allianz IARD. Company governed by the Insurance Code. Public limited company with a capital of €991,967,200. Registered office: 1, cours Michelet-CS 30051- 92076 Paris la Défense cedex. 542 110 291 RCS Nanterre

[email protected]

 

  1. Why do we collect your personal data?

We collect and process your personal data in the context of the execution of the insurance contract on your behalf. Why do we do this? Simply because we need your personal data to fulfil our legal and regulatory obligations, to administer the insurance contract and to get to know you better.

To manage the contract and meet our legal and regulatory obligations

Your personal data is essential for us to identify you and execute the insurance contract on your behalf.

Your health data is subject to specific processing in accordance with medical confidentiality.

In addition, we need your data to comply fully with the legal and administrative provisions applicable to our profession, inter alia in the context of the fight against money laundering, the fight against terrorism and insurance fraud.

Below you will find the legal basis for each purpose of processing.

 

Purpose of processing

Legal basis

Conclusion, management and execution of the insurance contract (including compensation in case of claims).

·       Performance of the contract

·       Consent for the processing of health data necessary for the performance of its purposes.

Fulfilment of the legal, regulatory and administrative obligations in force

Regulatory duties

Anti-money laundering and combating the financing of terrorism

Regulatory duties

Anti-fraud measures

Performance of the contract

Operations relating to commercial management and commercial prospecting

Legitimate interest of the Data Controller

Consent for commercial prospecting by electronic means

 

Knowing you better… and serving you

By enabling us to get to know you better, your data helps us to present you and/or offer you products and services tailored to your needs. With your express consent, your data may also serve a commercial purpose. They will be used for prospecting, loyalty, promotion or to collect your satisfaction.

Profiling

We may need to set up profiling actions, within the framework of the execution of the contract, in order to fight against insurance fraud or to offer you more adapted guarantees. To do this, we may process some of your personal data relating in particular to your lifestyle, your behaviour or your location.

 

  1. Who can consult or use your personal data?

Primarily the companies in the Allianz group, the policyholder of this contract and his insurance intermediary (agent, broker, insurance representative), but also the various public bodies and partners directly involved in the conclusion, management and execution of your membership or for commercial purposes: management delegates, service providers, reinsurers, co-insurers, insurance organisations.

These recipients are sometimes located outside the European Union. In this case, we implement specific guarantees to ensure the complete protection of your data. If you would like information on these guarantees, please write to us at the address indicated in the paragraph “Your contacts”.

 

  1. How long do we keep your personal data?

We keep your data for the duration of the insurance period.  At the end of the insurance period, your data will be kept during the limitation period.

 

  1. Personal data: what are your rights?

You have a number of rights regarding the use of your data:

– the right to object to the processing of your personal data, where this is not contrary to the legitimate interests of the data controller;

– the right of access to your personal data and to the processing of such data by the controller

– the right to rectify your personal data whenever you wish, particularly in the event of errors or changes

– the right to erasure of your personal data, when its retention is no longer necessary for the purposes for which it was collected and when the statutory limitation periods have expired;

– the right to restricted use, when the data is not necessary for certain processing operations or in the event of disputes with the controller;

– the right to portability, i.e. the possibility of communicating your personal data to the person of your choice, on simple request;

– the right to change your mind, in particular to withdraw the consent you have given for the commercial use of your data

– the right to decide what to do with your personal data after your death. Retention, communication or deletion…: you designate a relative, indicate your wishes and he or she will implement them on request.

To exercise your right of access to data collected in the context of the fight against money laundering and terrorism, contact the CNIL directly.

In general, you can read all the details about cookies and the collection and use of your data on the allianz.fr website or on the website of the legal entity mentioned in the “Who is responsible for your data?

Finally, the CNIL website provides detailed information on your rights and all the legal aspects relating to your personal data: www.cnil.fr.

 

  1. How to exercise your rights?

To exercise your rights, you should contact the address indicated in the “Your Contacts” section.

To send a complaint about the processing of your personal data, you can also write to the DPO (Data Protection Officer) of the insurer responsible for the processing at the insurer’s address indicated in the section “Your Contacts”.

In the event of a complaint and if you are not satisfied with our response, you may contact the CNIL.

 

  1. Your contacts

Questions, complaints, requests for modification… For all these situations, it’s very simple: you just have to write :

by e-mail to [email protected],

 by post to Allianz – Informatique et Libertés – Case courrier S1805 – 1 cours Michelet – CS 30051 – 92076 Paris La Défense Cedex

92076 Paris La Défense Cedex.

For all your requests, do not forget to attach proof of identity.

 

Applicable law – Competent courts

 

The pre-contractual and contractual relations are governed by French law and mainly by the Insurance Code. Any legal action relating to this contract will be under the sole jurisdiction of the French courts.

However, if you are domiciled in the Principality of Monaco, the Monegasque courts will have sole jurisdiction in the event of a dispute between you and the Insurer.

 

Appendix: Information sheet relating to the operation of Civil Liability cover over time

 

Appendiw to Article A112 of the Insurance Code

Created by Arrêté 2003-10-31 annexe JORF 7 November 2003

Warning:

This information sheet is issued in application of article L112-2 of the Insurance Code. Its purpose is to provide the information necessary for a good understanding of the functioning of the Civil Liability cover over time. It concerns policies taken out or renewed after the entry into force on 3 November 2003 of Article 80 of Law No. 2003-706. Contracts taken out previously are subject to Special Provisions specified in the same law.

Understanding the terms

Harmful event :

Fact, act or event at the origin of the damage suffered by the victim and which is the subject of a claim.

Claim :

A challenge to your liability, either by letter to the insured or the insurer, or by summons before a civil or administrative court. The same loss may be the subject of several claims, either from the same victim or from several victims.

Period of validity of the guarantee :

The period between the date on which the cover takes effect and, after any renewals, its termination or expiry date.

Subsequent period :

The period after the date of termination or expiry of the cover. Its duration is specified in the contract. It cannot be less than five years.

If your contract covers exclusively your Personal Liability, please refer to I. Otherwise, see I and II.

As soon as the information provided has been validated and the deposit has been paid online, Allianz IARD will confirm that your application has been accepted by sending a confirmation e-mail to the e-mail address you provided when you applied, including the General Provisions and Special Provisions of the policy.

 

The policy covers your private life liability.

 

Outside any professional activity, the guarantee is triggered by the harmful event. The insurer provides cover when a claim is made following damage caused to others and you or the other persons covered by the contract are held liable, provided that the event causing the damage occurred between the effective date and the date of cancellation or expiry of the cover.

The claim must be addressed to the insurer whose cover is or was in force at the time when the harmful event occurred. In the event of a claim involving your Civil Liability due to ecological damage, the cover is not applicable to damage that gave rise to legal action brought before the publication of law no. 2016-1087 in the Official Journal of the French Republic on 09 August 2016.

The contract covers civil liability (incurred as a result of a professional activity)

 

The insurance contract must specify whether the cover is triggered by the “harmful event” or by the “claim”. When the contract contains both guarantees covering your civil liability due to professional activity and guarantees covering your civil liability in your private life, the latter are triggered by the harmful event (see I).

Some contracts, for which the law provides Special Provisions, derogate from this provision; this is the case, for example, with the compulsory ten-year insurance for construction activities.

 

  1. How does the “harmful event” triggering method work?

 

The insurer provides cover when a claim is made following damage caused to others and you or the other persons covered by the contract are held liable, provided that the event causing the damage occurred between the date the policy took effect and the date the cover was cancelled or expired.

The claim must be addressed to the insurer whose cover is or was in force at the time when the harmful event occurred.

 

  1. How does the “by claim” triggering method work?

 

Whatever the case, the insurer’s guarantee is not due if the insured was aware of the harmful event on the day of its subscription.

 

First case: the third party’s claim is addressed to the insured or to the insurer during the period of validity of the cover taken out.

 

The insurer provides cover even if the event causing the loss occurred before the cover was taken out.

 

Second case: the claim is addressed to the insured or to the insurer during the subsequent period.

 

Case 2.2.1: The insured has not taken out new liability cover triggered by the claim covering the same risk. The insurer provides cover.

 

Case 2.2.2: The insured has taken out new claim-triggered liability cover with a new insurer covering the same risk. It is the new cover which is implemented, unless the insured was aware of the harmful event on the day he took out the cover, in which case the previous cover applies.

Therefore, if there is no interruption between two successive guarantees and the claim is addressed to the insured or his insurer before the expiry of the subsequent period of the initial guarantee, one of the two insurers is necessarily competent and takes charge of the claim.

Where the initial cover is triggered during the subsequent period, the limit of compensation may not be lower than that of the cover triggered during the year preceding the date of its termination or expiry.

 

  1. If you change insurer.

 

If you have changed insurers and if a claim for damage occurred before you took out your new contract and is only claimed during your new contract, you must decide which insurer will compensate you. Depending on the type of contract, either the old or the new insurer can be validly seized. Please see the typical cases below:

 

3.1 The old and the new cover are triggered by the harmful event.

 

The cover that is activated by the claim is the one that is or was valid at the time of the harmful event.

 

3.2 The old and the new cover are triggered by the claim.

 

Your old insurer will have to deal with the claim if you had knowledge of the harmful event before you took out your new cover.

No cover is due from your former insurer if the claim is made to you or your former insurer after the expiry of the subsequent period.

If you were not aware of the harmful event before you took out your new cover, your new insurer will accept your claim.

 

3.3 The old cover is triggered by the harmful event and the new cover is triggered by the claim.

 

If the harmful event occurred during the period of validity of the old cover, the old insurer must deal with claims for damage resulting from this harmful event.

 

If the amount of this cover is insufficient, the new cover triggered by the claim will be used to make up the shortfall, provided that you were not aware of the harmful event before the date of taking out your new cover.

 

If the harmful event occurred before the old cover took effect and was unknown to the insured person at the time the new cover was taken out, the new insurer must deal with claims for damage resulting from this harmful event.

 

3.4 The old cover is triggered by the claim and the new cover is triggered by the harmful event.

 

If the harmful event occurred before the date on which the new cover was taken out, the old insurer must handle the claims.

 

No guarantee is due from your former insurer if the claim is addressed to the insured or to your former insurer after the expiry of the subsequent period.

 

If the harmful event occurred during the period of validity of the new cover, it is of course the insurer of the new cover who must handle the claim.

 

  1. 4. In the event of multiple claims relating to the same harmful event.

 

The same harmful event may be the cause of multiple losses which occur or become apparent at different times. Several claims are then likely to be made successively by the various third parties concerned. In this case, the claim is considered as a single one. As a result, the same insurer takes responsibility for all the claims.

 

If the harmful event occurred while your contract was triggered on the basis of the harmful event, it is therefore your insurer on the date when the harmful event occurred who must handle the claims.

 

If you were not covered on the basis of the harmful event at the date of the harmful event, the insurer who must be designated is the one who is competent, under the conditions specified in paragraphs II-1, II-2 and II-3 above, at the time the first claim is made.

 

If this insurer is competent in respect of the first claim, subsequent claims shall be handled by the same insurer irrespective of the date on which the claims are made, even if the subsequent period has elapsed.

 

ARTICLE 11 TOLLS – TICKETS – FINES – OFFENCES

The User is required to pay tolls, fines and tickets issued against him and which are legally at his expense. In accordance with the principle of the individual nature of penalties, the User is legally responsible for the Scooter and assumes the consequences of any breach of the Highway Code, parking and traffic rules, or any other law or regulation, occurring during the period of use of the Scooter or in the event of unauthorised parking of the Scooter until the Rental of the Scooter by the next User (in particular in case of parking on a temporary space such as a delivery place).

For more information on the legal procedures applicable in the event of an automated detection of a traffic violation, Users are invited to consult the website www.antai.gouv.fr .

11.1 Process applicable in the event of a violation of the Highway Code

In the event of notification to CITYSCOOT of a notice of violation of the Highway Code by the User, CITYSCOOT shall inform the competent authorities of the identity of the offending User. The User shall be responsible for paying the corresponding fine, subject to his right to contest the violation under the conditions provided for by law.

11.2 Related costs

CITYSCOOT shall invoice the User the lump sum provided for in APPENDIX 2 of these GCUS per ticket received for the administrative costs incurred in processing said ticket, as well as the costs related to impounding the Scooter as provided for in APPENDIX 2, if applicable.

 ARTICLE 12 – LIABILITY OF CITYSCOOT

CITYSCOOT undertakes to provide a Scooter including Scooter Accessories, in particular an approved Headset and Vehicle Documents.

CITYSCOOT cannot be held responsible for any loss or damage to the User’s Accessories.

 

CITYSCOOT cannot be held liable for damage to persons and property (including the Scooter) caused by the use of a Scooter by a third party.

 

It is reminded that the provision of the Service and of the Application constitute only a “best-efforts” obligation for CITYSCOOT.

As the CITYSCOOT Service is based on a self-service principle, CITYSCOOT cannot be held liable to the User for the occasional absence of Scooters available for Rental or the charge level of the Scooter booked by the User.

CITYSCOOT’s liability is limited to certain, direct and foreseeable damage.

In addition, at the time of Registration, Booking or Rental, the User accepts that the Customer Service and/or the use of the Service may be disrupted or temporarily rendered inoperative and that CITYSCOOT may not be held liable in the following cases in particular:

  • Misuse or malfunction of the Internet network.
  • Computer virus transmitted over the Internet network.
  • Interruption of services accessible on the Internet network.
  • Total or partial disruption and/or unavailability of GSM/GPRS/3G/4G networks.
  • Impossibility to provide the Service because the communication module present in the Scooter is located in a geographical area not covered by the GSM/GPRS/3G network or in a shadow area within a covered geographical area.
  • Disruptions caused by maintenance, reinforcement, refurbishment or extension of GSM/GPRS/3G network installations by the telecommunications operator used by CITYSCOOT.
  • Electromagnetic wave propagation hazards, cessation of operating licences for the telecommunications operator’s service used by CITYSCOOT following a decision by the public authority or a fortuitous event.
  • Transmission of radio signals affected by constraints or limitations of technical standards imposed on radiotelephony operators by regulatory authorities or competent standard groupings.
  • Inability to provide the Service due to a failure or malfunction of GPS satellites or a power failure or adverse weather conditions.
  • Geolocation failure due to degradation of the GSM/GPRS/3G4G signal or GPS signal, due in particular to cloud cover or canopy.
  • Unavailability of the Scooter.
  • Force majeure within the meaning of Article 1218 of the Civil Code.
  • Any case mentioned in Article 7.4.8 of the GCUS.

CITYSCOOT reserves the right to interrupt the Service in whole or in part, without notice and for a fixed or indefinite period, in the event of an exceptional event such as material damage, a technical breakdown, a safety problem, a demonstration on the public highway, a change in traffic rules or adverse weather conditions, without notice and without any compensation being due to the User.

CITYSCOOT may permanently discontinue the Service in any city or geographical area at any time, without any compensation being due to the User other than the reimbursement of prepaid minutes. If circumstances allow it, Users will be notified of the definitive termination of the Service with a reasonable delay’s notice.

ARTICLE 13 – PERSONAL DATA – TELEPHONE SOLICITATION

As part of the Service, CITYSCOOT is required to collect and process certain personal data from Clients. By creating a CITYSCOOT account and/or using the Service, the Client acknowledges and agrees to the processing of his personal data by CITYSCOOT in accordance with applicable law and the provisions of CITYSCOOT’s Privacy Policy.

The Customer has the right to register on the telephone solicitation opposition list (Article L. 223-1 of the Consumer Code).

This right can be exercised by visiting the website bloctel.gouv.fr or by writing to the following address: Wordline – Service Bloctel – CS 61311 – 41013 Blois.

ARTICLE 14 – CITYSCOOT PROMOTIONAL OFFERS

CITYSCOOT may, at its sole discretion, propose promotional offers that are subject to these GCUS unless otherwise specified in the specific conditions of the offer.

CITYSCOOT reserves the right to suspend, modify or cancel these promotional offers at any time.

14.1 Promotional codes

In the event that CITYSCOOT emits a promotional code available entitling the User to a credit, a price reduction or any other benefit, the holder acknowledges and accepts that the promotional code:

  • can only be used once (1) and only on the Website and/or on the CITYSCOOT Application (unless otherwise indicated);
  • cannot be combined with other promotional codes;
  • is valid for a fixed period of time which will be communicated at the same time as the promotional code;
  • may expire before use, if an expiration delay is mentioned upon emitting the code;
  • may not be made available to the public without express authorisation from CITYSCOOT;
  • may not be bargained, exchanged for cash or converted into cash.

The use of the promotional code may also be subject to additional conditions that will be communicated as part of the offer.

Any use of the promotional code other than that provided by CITYSCOOT is prohibited. Promotional codes are non-transferable and indivisible. They cannot be refunded and/or exchanged. Unless otherwise specified, third party promotional codes are not usable in the Application.

The use of any promotional code issued by a third party and applicable to the CITYSCOOT Service is subject to the conditions of use established by that third party.

In the event of use that is fraudulent, illegal or contrary to these GCUS and/or the specific conditions of the offer, CITYSCOOT reserves the right to decline or reduce the benefit linked to the promotional code and to deduct any amount due by the User accordingly.

14.2 CITYSCOOT Loyalty Programme

The CITYSCOOT Loyalty Programme (“Loyalty Bonus”) is reserved for Users with a CITYSCOOT account. Its purpose is to allow Users to accumulate free minutes according to their status.

14.2.1 Counting of minutes driven

The “Loyalty Bonus” Loyalty Programme counts each day the paid minutes driven by the User over the month’s rentals.

Counted: minutes billed per unit at the current rate or debited from a CityRider Pack

Not counted: free minutes (from a promotional code, sponsorship code, commercial gesture or Loyalty Programme of the previous month, etc.) and minutes refunded or recredited after a rental.

If one or more of the User’s rentals made during the current month are refunded in full or in part, the Loyalty Programme will deduct from the number of minutes recorded the minutes refunded or recredited, resulting in a potential change in the User’s loyalty status.

In the event of non-payment or payment incident, CITYSCOOT reserves the right to deduct unpaid minutes from the amount of minutes accumulated by the User and to adjust his loyalty status accordingly.

14.2.2 Loyalty status

Depending on the number of minutes counted by the User each month, the User is assigned one of the following statuses:

NUMBER OF PAID MINUTES
COUNTED BY MONTH

STATUS

Less than 300 min

CityRider

Between 300 and 499 min

CityLover

Between 500 and 999 min

CityMaster

1,000 min and more

CityLegend

The status of the User is retained from the date it is obtained until he reaches the higher status or until the end of the current month.

14.2.3 Allocation of free minutes

The final loyalty status obtained at the end of the month defines the number of minutes offered the following month to the User. These minutes are sent to him/her by email via a promotional code that the User must enter in the Application (“Promo Code” section). The minutes thus credited to the User’s account during the following month will expire at the end of that month.

NUMBER OF PAID
MINUTES PER MONTH

STATUS

NUMBER OF FREE
MINUTES ALLOCATED

Less than 300 min

CityRider

0 minute

Between 300 and 499 min

CityLover

30 minutes

Between 500 and 999 min

CityMaster

60 minutes

1,000 min and more

CityLegend

130 minutes

 14.2.4 Use of free minutes

The User may use his free minutes from the Loyalty Programme throughout the following month (in one or more rentals), until they are exhausted. Any free minutes not used during the following month are lost.

Free minutes credited to the User’s account are debited first. If the User has benefited from other free minutes via commercial or marketing operations (promotional code, sponsorship code, etc.), the free minutes with the earliest expiry date are debited first.

Free minutes are allocated personally to the User and are therefore not transferable. Similarly, it is not possible to transfer them or combine them with other free minutes obtained on another account. Free minutes have no monetary, market or economic value and can never be converted into money.

 14.2.5 Information

The User will be informed of the granting of free minutes by email. The User can also consult the number of minutes counted by him and the balance of his free minutes in his Personal Space, under the heading “Balance of minutes”.

It is specified that by unsubscribing from the CITYSCOOT Service, the User loses the benefit of all his accumulated free minutes and, more generally, of all the advantages of the Loyalty Programme.

 14.2.6 Responsibility

CITYSCOOT is exempt of all liability for the direct or indirect consequences of any anomalies and malfunctions of the CITYSCOOT Loyalty Programme, whatever their causes. In the event of a malfunction of the Loyalty Programme, CITYSCOOT will nevertheless make its best efforts to extend, for a period equivalent to that of the malfunction, the benefit of the accumulation of minutes and the advantages acquired by the User.

ARTICLE 15 – SUSPENSION OR TERMINATION OF ACCESS TO THE CITYSCOOT SERVICE

CITYSCOOT reserves the right to temporarily suspend access to the Service to a User in the event of suspension of the Service by CITYSCOOT for any reason whatsoever. The “minutes” credit balance, if any, is maintained for the duration of the suspension.

CITYSCOOT reserves the right to suspend the User’s access to the Service and/or terminate his Registration, without any compensation being due to the User, in the following circumstances:

  • Use or presumption of use of a User’s Login Credentials by a third party.
  • Misuse or fraudulent use of the Service;
  • Falsification, omission or inaccuracy of information or documentation transmitted by a User or by a third party acting on behalf of a User;
  • The lack of updating of information concerning the User in his Personal Space;
  • Disclosure or unlawful use of the User’s account details;
  • Implementation of any technical process having the purpose or effect of circumventing these GCUS or prejudicing the interests of CITYSCOOT or its Users;
  • Payment incident or non-payment by the User or invalidity of the User’s bank card not remedied within fifteen (15) days, it being specified that access to the Service may be suspended during this period;
  • Misuse of the Scooter;
  • Non-compliance by the User with the Road Code or any of his essential obligations, in particular those relating to safety, under these GCUS;
  • In the event of interruption of the Service for compelling reasons (in particular to update the Application or to replace the fleet of Scooters), prolonged involuntary interruption or of termination of the Service for any reason whatsoever, in particular under the conditions specified in article 12 hereof. In the event of interruption, access to the Service will simply be suspended and in the event of termination, the Registration will be terminated.

 ARTICLE 16 – APPLICABLE LAW – DISPUTE SETTLEMENT

 The GCUS are exclusively governed by French law.

In accordance with the provisions of Article L. 611-1 et seq. of the Consumer Code, for any dispute of a contractual nature between the User and Cityscoot, that cannot be resolved in the context of a claim previously lodged with the Customer Service, the User can refer the matter to the Consumer Ombudsman free of charge, who will be the mediator of the National Council of Automobile Professions (CNPA). The Ombudsman can be contacted as follows:

  1. le Médiateur du Conseil national des professions de l’automobile, 43 bis, route de Vaugirard – CS 80016 – 92197 Meudon Cedex (by post) or to [email protected] (by mail).

If the mediation procedure does not result in an amicable agreement between the parties, the dispute arising from the Registration for the CITYSCOOT Service or its use will be submitted to the exclusive jurisdiction of the French courts.

ARTICLE 17 – COMMUNICATION OF THE GCUS TO USERS – AMENDMENT

 17.1 Communication and acceptance of the General Terms and Conditions of Use of the Service

The GCUS are submitted to the Client for acceptance at the time of he creates his CITYSCOOT account.

 He may at any time review the GCUS in force on the Website and/or on the Application.

The CGUS will be sent to the User electronically after his Registration.

17.2 Amendments to the GCUS 

These GCUS (including applicable rates and penalties) may be updated at CITYSCOOT’s discretion. Their update will be immediately notified to the User by electronic mail and will come into effect 3 days after this notification, at which time the update will be notified again on the Application.

At the time of notification on the Application, the User will be asked to accept the modified Terms and Conditions of Use before being able to make his next Reservation. If he refuses to accept them, the User will be free to stop using the Service at the end of the 3-day period mentioned above and to unsubscribe, at the latest at the end of the said period, by following the procedure described in Article 5.4 above.

Any modification of the present GCUS will be deemed accepted and immediately enforceable against the User if the User, informed of the said modifications, continues to use the Service.

ARTICLE 18 – SPECIFIC PROVISIONS APPLICABLE TO UBER USERS

The CITYSCOOT Service is available via the Uber application in Paris and Nice (and the adjacent cities within the CITYSCOOT Zone)

The following specific provisions apply to any User who fulfils all the conditions set out in Article 4 hereof and accesses the CITYSCOOT Service via the Uber application (the “Uber User“), in accordance with Uber’s General Terms and Conditions and these GCUS.

Uber Users are invited to read all of these GCUS, including the specific provisions applicable to them under this Article 18 below, and Uber’s general terms and conditions.

18.1 Amendment of Article 2 of the GCUS

Article 2 of these GCUS are supplemented as follows:

Persons wishing to access the CITYSCOOT Service via an Uber account are also invited to consult Uber’s general terms and conditions.

18.2 Non-application of Article 5 of the GCUS to Uber Users

The provisions of Article 5 of the GCUS do not apply to Uber Users.

The registration procedure on the Uber application are detailed in Uber’s general terms and conditions.

18.3 Non-application of Article 7.1 of the GCUS to Uber Users

The provisions of Article 7.1 of the GCUS do not apply to Uber Users.

Uber Users do not have a Personal Space in the CITYSCOOT Application but can view their information and manage their personal information in the Uber Application.

18.4 Amendment of Article 7.2 of the GCUS

Article 7.2 of the GCUS is amended as follows:

In the event of an accident, malfunction of the Service, or technical incident, the Uber User is invited to contact CITYSCOOT’s customer service by telephone on 09 69 36 20 26, 24 hours a day, 7 days a week.

For any questions related to his Uber account, the Uber application, invoicing and payment for the Service, the Uber User is invited to contact the Uber Customer Service.

18.5 Amendment of Articles 8.2, 8.3, 8.4 and 8.5 of the GCUS

The provisions of Articles 8.2, 8.3, 8.4 and 8.5 of the GCUS are not applicable to Uber Users.

Uber Users are invited to read the billing and payment terms and conditions detailed in Uber’s general terms and conditions.

18.6 Amendment of Article 11.1 of the GCUS 

The provisions of Article 11.1 of the GCUS are replaced by the following provisions applicable to Uber Users:

In the event of notification of a traffic ticket regarding the Uber User, CITYSCOOT will inform Uber and the Uber User by email of the existence of the ticket. CITYSCOOT reserves the right to pay the fine to the competent authority and, in that context, to invoice the User for this amount as well as the lump sum received for the administrative costs incurred in processing said ticket as provided in APPENDIX 2, as well as the costs related to impounding the Scooter, if applicable.

18.7 Amendment of Article 17 of the GCUS

The provisions of Article 17.2 of the GCUS do not apply to Uber Users.

The Uber User will be invited to accept these GCUS according to the terms and conditions determined by Uber. Proof of this acceptance will be retained by Uber in accordance with Uber’s terms and conditions and privacy policy.

 

APPENDIX 1 : PRICES

PARIS :

Price per minute (without pack or subscription)

€0,46

Subscription (500 minutes per month)

€129/month, or €0,26/min

CityPack250

€75, or €0,30/min

CityPack100

€34, or €0,34/min

CityPack50

€18, or €0,36/min

CityYoung

€14, or €0,28/min

CityPass24

€30

CityPack30

€11, or €0,37/min

 

NICE :

Price per minute (without pack or subscription)

€0,39

Subscription (500 minutes per month)

€129/month, or €0,26/min

CityPack250

€65, or €0,26/min

CityPack100

€30, or €0,30/min

CityYoung

€12, or €0,24/min

CityPass24

€25

CityPack30

€10, or €0,33/min

 

 

APPENDIX 2 : SUMMARY TABLE OF PENALTIES

The amounts of the penalties below, with the exception of tickets, are all inclusive of VAT.

TYPE OF BREACHES OR INCIDENTS

PENALTIES – SANCTIONS

Off-zone abandonment of the Scooter during the Rental

 

The Rental remains effective without any invoice cap until the Scooter is returned by the User or, if the User refuses, until it is recovered by CITYSCOOT. In addition to the Rental consumed until the Scooter is actually recovered by CITYSCOOT or by a breakdown service authorised by CITYSCOOT (carried out within a maximum period of 48 hours), the User will be charged the cost of repatriating the Scooter within the CITYSCOOT Zone (or to the workshop) established according to the location of the Scooter:

– In neighbouring cities not included in the zone: €100

– Elsewhere: €200

Return of the Scooter in a private area not accessible to the public

The user who returns the scooter within a private area not accessible to the public will be charged €20 per hour from the end of the Use (including during the service closure period) until the scooter is deposited in an area accessible to the public within a CITYSCOOT Zone

+ €150 of transportation costs.

+ Immediate suspension of access to the Service.

Parking of the scooter in violation of the French “Code de la route” (“Road Code”) (i.e. scooter wrongly parked)

€30 moving fees

Payment default
Default of payment of sums due to CITYSCOOT by the User.

€30 management fees

+ Suspension of access to the Service until payment is made.

Battery failure due to the negligence of the User and resulting in the intervention of CITYSCOOT or a CITYSCOOT authorised breakdown service.

 

Repatriation costs of the Scooter within the CITYSCOOT Zone (or to the workshop) established according to the location of the scooter:

– In cities included (partially or totally) in the Cityscoot zone: €50

– In neighbouring cities not included in the zone: €100

– Elsewhere: €200

Loss or damage to the Helmet

A charge of €150 covering the replacement of the helmet and intervention costs

 

Non-compliance by the User with the assistance procedure defined in 7.5 Damage not declared by the User. Event or required documents not communicated to CITYSCOOT within 48 hours of the incident or following CITYSCOOT’s demand. Theft not reported to the police authorities.

 

€250 management fees

+ Repatriation costs of the Scooter:

●       In cities included (partially or totally) in the Cityscoot zone: €50

●       In neighbouring cities not included in the zone: €100

●       Elsewhere: €200

+ Immediate suspension of access to the Service.

Omission or inaccuracy of the information provided by the User
at the time of Registration or Access to the Service which may lead to a modification of the guarantees provided by the insurance contract or which may result in damage suffered by CITYSCOOT

€30 management fee

+ Compensation by the User for the damage suffered by CITYSCOOT or any other third party resulting directly from the inaccuracy or omission of the data provided by the User.

+ Immediate suspension of access to the Service

Removal of the Scooter for impoundment or by the police services
due to unauthorised parking.

 

Invoicing to the last User who parked the scooter of:

– €30 management fee

– Travel expenses of one of our agents or service providers commissioned to collect the scooter from the impoundment lot and take it away: €90

– Actual impoundment fees capped at one day’s custody.

– The amount of the rental possibly in progress until the Scooter returns to the CITYSCOOT Zone or to the CITYSCOOT workshops.

Tickets
Ticket for Parking, Bad Driving, Speeding, Non-compliance with the Highway Code

The ticket will be processed in accordance with Article 11 of the GCUS.

In addition to the applicable fine, the User will be charged a €30 management fee.

Damage without third party liability or theft of the Scooter 
(more generally all cases for which the theft or damage deductible is applicable)

Sums due for the Deductible (see Appendix 3)

+ Repatriation costs of the Scooter:

●       In cities included (partially or totally) in the Cityscoot zone: €50

●       In neighbouring cities not included in the zone: €100

●       Elsewhere: €200

 + Management fees of €100 covering the procedures with the insurer and the firm mandated for the appraisal will be invoiced to the User.

 
 
 

 

APPENDIX 3: SUMMARY TABLE OF APPLICABLE DEDUCTIBLES BY COVERAGE

GUARANTEES INCLUDED

DEDUCTIBLES

Civil Liability

Driver’s coverage

Deductible Permanent damage to physical and mental integrity of 15%

Natural disasters

Legal deductible of € 380

Technological disasters

Theft

Deductible: € 500 (excluding helmet)

Fire – Forces of nature

Deductible: € 500 (excluding helmet)

Attacks

Damage All Accidents

Deductible: € 500 (excluding helmet)

Assistance