Terms of Service

Last update 1 February 2023

English version translated from the Italian version. In case of ambiguity in this version or of contradiction between the two versions, the Italian version shall prevail. Both versions are available on the Cityscoot website and mobile application.

 

PREAMBLE

 

  • This management contract and General Conditions of Use of the Service (hereinafter, “GTCUS”) regulates the contractual relationship between the customer (respectively, the “Customer” as defined below) and the company CITYSCOOT ITALIA S.r.l., with registered office in Milan (MI), Via Spezia 1, 20142 share capital of €1,000,000.00 (one million euros). Registered at the Chamber of Commerce of Milan at REA MI – 2522958 – Tax code and registration number 1036150963 company with sole shareholder and wholly owned by Cityscoot SAS, “société par actions simplifiée”, identified at the Trade and Companies Registry of Paris under number 800 862 021, with registered office in Paris Rue des Acacias, 37 tel: +39 02 3055 0575, e-mail [email protected] (“CITYSCOOT”) for the provision of the Scooter Sharing Service offered by CITYSCOOT.

 

  • The GTCUS in particular specify, from the moment of their acceptance by the User, the conditions of access to and use of the Service, the rate offer, the rights and obligations of the User relating to the CITYSCOOT Service, in the manner specified below.

 

  • CITYSCOOT is an Electric Mobility Service offered by the Company CITYSCOOT, which proposes to offer users the possibility of travelling by Scooter through the short-term use of self-service electric vehicles.

 

  • Any use of the CITYSCOOT Service implies the user’s compliance with the GTCUS. The selection of the appropriate acceptance button shall be understood as full acceptance by the User of the GTCUS.

 

  • These GTCUS are addressed to users who use the CITYSCOOT Service within the Italian territory. Users who wish to access the Service in another country are invited to consult the GCUS of the country of interest on the website www.cityscoot.eu.

 

  • Users who have already used the Service within the Italian territory (and who have accepted the relevant GTCUS) and who wish to access the Service provided by CITYSCOOT in a foreign city, are required to accept the GTCUS applicable in the country of interest before booking the Scooter. The user account is also valid for the booking of the Scooter made outside Italy.

 

  • Acceptance of the GTCUS is a prerequisite for the provision and use of the Service offered by CITYSCOOT.

 

 

 

 

ARTICLE 1 – DEFINITIONS

 

“User’s Accessories”

defines the items and personal effects of the user and persons carried on the Scooter during the period of use of the CITYSCOOT Service.

 

“Scooter accessories”

defines the approved helmets, on-board documents, and hygiene caps inside the Scooter.

 

“Personal area”.

defines the online management area that the User can access via the “my account” item on the www.cityscoot.eu website or after having authenticated himself on the Application, from which the User can in particular manage his personal data, consult the Scooter’s use history, CITYSCOOT invoices and purchase prepaid minutes of Use.

 

“Application”

defines CITYSCOOT’s mobile application, i.e. the one enabling the User to book the Scooter.

 

“Helmets”

defines CITYSCOOT’s proprietary helmets, placed under the seat and/or in the Citycase (top box) when installed and activated. Helmets are made available to the user limited to the period of use of the CITYSCOOT Service.

 

“Citycase”

defines the top box (when installed and activated) present on the Scooter and containing a helmet.

 

“Highway Code”

defines Legislative Decree 285/1992 as amended.

 

“Reservation Code”.

defines the 4-digit code which the user receives when the booking is confirmed and which the user must enter on the numerical keypad on the Scooter in order to use the Scooter.

 

“General Terms and Conditions of Use of the Service” or “GTCUS”

defines the provisions set out in this document, the terms of which must have been accepted by the User in order to use the Service, not only at the time of registration but each time the User makes a Reservation.

 

“Access Credentials”

defines the User’s e-mail address (and mobile phone number) and the password chosen to be able to authenticate on the Application and access the Service.

 

“Client”

defines any natural person of legal age who meets the requirements set forth in Article 4.2 hereof and has created a CITYSCOOT account. The Customer may use the CITYSCOOT Service once the registration for the Service has been completed.

 

“On-Board Documents”

defines the (optional) documentation that the User may find inside the Scooter.

 

“Registration”.

defines the process of registering the User to the CITYSCOOT Service, subject to the conditions all set forth in Article 4.2 of these GTUS.

 

“Use”

defines the period during which the Scooter is used by the User. The Use begins when the Booking Code is entered on the Scooter and ends at the request of the User (by means of the FIN/FINE/END button on the vehicle keypad or through the Application) or at the initiative of CITYSCOOT in the cases provided for in Article 6.2.8. At the end of the Use, the scooter is locked and the “Free” LED is lit on the vehicle.

 

“Pause”

defines the temporary stop of the Scooter during the Use.

 

 “Booking”

defines the User’s act (before the start of the period of Use) of reserving a Scooter through the Application.  

 

“Loyalty Programme”

defines the Loyalty Programme specified in Article 13.

 

“Service”

defines the short-term self-service Scooter Utilisation Service offered by CITYSCOOT or any of its subsidiaries.

 

“Customer Service”

defines CITYSCOOT’s information and assistance centre made available to Users in order to respond to their requests and complaints, through the various channels and in the manner specified in Article 6.1.

 

“Website”

defines the website of the CITYSCOOT Service available at the address www.cityscoot.eu.

 

“Scooter”

defines one of the electric scooters made available to Users by CITYSCOOT, identified by its registration number, chassis number or vehicle identification number, positioned on the front of the vehicle.

 

“User”

defines any Customer who meets the requirements set forth in Article 4.2 herein and who has created a CITYSCOOT account, and has then completed the registration process, which allows them to use and benefit from the CITYSCOOT Service under the terms set forth in these GTCUS.

 

“CITYSCOOT Zone”

defines a geographical area delimited by CITYSCOOT within which the User may conclude the Use by returning the Scooter to a location of their choice, authorised and located within a public parking area intended for the parking of two-wheeled vehicles. The CITYSCOOT Zones are visible from the Application. On the Scooter, a yellow indicator light located on the handlebars illuminates when the vehicle is outside the said zone. CITYSCOOT reserves the right to change the extent of a Zone at any time.

 

ARTICLE 2 – OBJECT

 

The purpose of these GTCUS is to determine the terms and conditions of access and use of the Service. All access to and use of the Service is subject to the User’s compliance with and acceptance of the GTCUS.

 

ARTICLE 3 – FINANCIAL CONDITIONS FOR ACCESS TO THE SERVICE

 

Registration to the CITYSCOOT Service is free of charge.

 

Once the utilisation has started, the Service is charged per minute. The rates applied by CITYSCOOT are specified in APPENDIX 1 of the present GTCUS.

 

Utilisation, depending on its duration, and purchases of “minute packages” are subject to billing.

 

The minutes of Utilisation partially used by the User shall be rounded up to the nearest sixty seconds and charged as elapsed minutes.

 

Packages of minutes” are subject to a validity period as indicated to the User at the time of purchase. With the exception of the conditions applicable to the right of withdrawal, the purchase is not subject to any refund.

 

The applicable costs and penalties are those in force at the time of the Reservation. Penalties and costs may be modified at any time by CITYSCOOT in accordance with the provisions of Article 17.3 of these GTCUS. Any significant change will be notified to the User by email or notification on their smartphone.

 

The User agrees that the amounts subject to billing and acceptance of the GTCUS are established, regulated and ascertained by the Application and CITYSCOOT devices.

 

ARTICLE 4 – CONDITIONS OF REGISTRATION

 

4.1 Access to the Service

                                                                                                                                                                                                                    

Access to Membership is reserved for natural persons of legal age who enjoy full legal capacity and are in possession of a valid document for driving the Scooter-type vehicles made available to Users by CITYSCOOT, obtained in Italy or abroad, provided that it allows them to drive the said Scooter in full compliance with Italian law.

 

4.2 Conditions of registration of individuals

 

To register, the individual must meet the following requirements:

  • be over 18 years of age (be at least 18 years old) at the time of application;
  • be the holder of a national identity card (for Italian citizens or citizens from a country within the European Economic Area and Switzerland) or a valid passport;
  • be in possession of an AM licence or other licence suitable for the use of the scooter (B licence or moped licence).
  • be in possession of a valid credit or prepaid card;
  • not owe CITYSCOOT any unpaid sum by reason of previous registration or use of the Service at CITYSCOOT;
  • have a smartphone running an Android or iOS version compatible with the Application.

 

Both at the time of Registration and during Use, the User’s driving licence must be valid and not suspended, withdrawn, or otherwise no longer available by order of the competent Authorities or regulatory provisions. In case of suspension or withdrawal of the licence, the User shall immediately inform CITYSCOOT by all possible means and, in this case, access to the Service shall be absolutely forbidden, without the need for any notice from CITYSCOOT. Any User who fails to comply with the aforementioned prohibition shall be held solely responsible for any consequences, prejudice or damage that may ensue. CITYSCOOT reserves the right to conduct periodic checks on the User’s licence in order to verify its validity and to ensure compliance with the above-mentioned conditions of registration.

The same applies to any additional documents required for driving Scooters.

 

Possession of a provisional driving permit or a permit with limited validity or a report of loss or theft of the driving licence does not permit registration in the Service or its use.

 

ARTICLE 5 – REGISTRATION PROCESS

 

5.1 Registration procedures for individuals

 

To register and become a User, the individual must:

 

  • using the integrated registration tool in the Application, upload the documents referred to in Article 4 and a photo of his or her face for the purpose of authentication of such documents
  • complete the registration form in the Application, in which the User indicates
    • first name
    • surname
    • date of birth
    • a valid mobile phone number
    • a valid e-mail address
    • a complete residential address
    • a password that complies with CITYSCOOT’s security recommendations. In this regard, the User is urged to choose a password different from the one used for other accounts or services and to change the password regularly (once or twice a year) in order to ensure optimal security and to guard against any risk of fraud
    • that they have read and accepted this GTCUS as well as CITYSCOOT’s privacy policy available on the Application and on the website cityscoot.eu
    • if they wish to receive training before you start using a CITYSCOOT Scooter
  • register the number of one or more valid Visa or Mastercard credit or prepaid cards on the payment method entry interface.

 

The customer must ensure that the information provided is consistent and accurate.

 

The Registration is validated by CITYSCOOT following the verification and approval of the documents transmitted by the User;

 

As of the date of CITYSCOOT’s validation of the registration request sent to the Customer, this contract shall be deemed signed, it being understood that either party may withdraw from the contract at any time, as specified in Article 15.

 

The membership is strictly personal and non-transferable.

 

In the event of loss or theft of the device on which the Application was downloaded to access the Service (or in the event of third party use of the Access Credentials or loss of confidentiality of the same), the Customer undertakes to promptly notify the Customer Service by sending an appropriate communication by e-mail to [email protected].

 

5.2 Unregistration from the service

 

The User has the right to unregister online at any time, by making the relevant request to Customer Service by sending an appropriate communication by e-mail to [email protected], provided that no amount is due to CITYSCOOT. The balance of the prepaid or offered minutes, if any, as well as any advantages or benefits acquired by the User by virtue of CITYSCOOT’s Loyalty Programme, shall be permanently lost by the latter and shall not be refunded under any circumstances.

 

ARTICLE 6 – RIGHT OF WITHDRAWAL

 

This right to exercise withdrawal applies in the event of the purchase of a “package of minutes” within fourteen (14) days from the

date of purchase. In this case, the User must inform Customer Services of his or her decision to withdraw by returning the withdrawal form available at this link [withdrawal form link] before the expiry of the aforementioned deadline, or send any statement clearly expressing his or her wish to withdraw, to [email protected].

 

If the use of the Service has not commenced before the expiry of the right of withdrawal, the User shall be refunded the full purchase price of the “package of minutes”.

 

If, on the other hand, the use of the Service had begun before the expiry of the right of withdrawal, two cases may occur:

– if the User has used up all the minutes of the “pack of minutes”, they are charged for the full amount of the “packet of minutes” as well as any additional/penalty charges related to the use of the Service

 

– if the User has partially consumed the minutes of the “pack of minutes”, they are reimbursed for the full amount paid when purchasing the “pack of minutes” and is charged the price per minute for the number of minutes consumed, as well as any additional/penalty charges related to the use of the Service. In this case, promotional rates do not apply.

 

ARTICLE 7 – MODALITIES OF USE OF THE CITYSCOOT SERVICE

 

The CITYSCOOT Service is accessible through the Application only to Users who have a device with a compatible Android or iOS version and have the latest version of the Application installed. The User is obliged to take all necessary actions in order to be able to access the aforementioned Application through their smartphone.

 

The User is responsible for updating the Application on their device.

 

7.1 General provisions

 

As part of the Service, the User may:

 

  • Through the Application
  • Display the location, number plate and range of the Scooters available within the CITYSCOOT Zone.
  • Check the presence of a Citycase (topcase) and of a second helmet on the Scooter.
  • Proceed with the booking of a Scooter.
  • Cancel the Reservation within a maximum period of ten (10) minutes from the moment of making the Reservation.
  • Return a used Scooter in accordance with the terms of these GTCUS.

 

  • Via the Application and the Website (by accessing from your Personal Area)
  • Consult the User Guide and the Frequently Asked Questions (FAQ) section.
  • Contact the Customer Service using the relevant form.
  • Consult the GTCUS.
  • Review CITYSCOOT’s Privacy Policy.
  • Update their personal information (address, phone number, credit card details).
  • View their Utilisation and Booking history.
  • View, send or download their invoices.
  • View their user status and any advantages or benefits acquired through the CITYSCOOT Loyalty Programme.

 

 

  • By telephone:

Contact the Customer Service, particularly in the event of a claim, Service malfunction or to report a technical problem, on +39 02 3055 0575 from Monday to Sunday from 7:30 a.m. to 00:00 a.m.

 

  • By email:

Contact the Customer Service at [email protected] for questions relating to your Membership, billing, your account, as well as to report a technical problem with the Scooter or the Application or more generally to make a comment.

 

7.2 Use of a Scooter

 

7.2.1 Reservation of a Scooter

 

The User selects one of the Scooters marked as available and books it via the Application. He then receives the 4-digit Booking Code which marks the start of the Booking period.

 

The User then has 10 minutes to go to the reserved Scooter, unlock it by entering the Booking Code on the numeric keypad located on the left-hand side of the handlebar or directly from the Application by swiping on the “Drag to unlock” button. Entering the Booking Code, or using the appropriate command on the Application, marks the end of the period of Reservation of the Scooter and the beginning of the period of Use.

 

During the 10-minute Reservation period, the User may cancel the Reservation free of charge via the Application.

 

If the User does not cancel their Booking or does not unlock the Scooter during the 10-minute Booking period, the Booking is automatically cancelled. CITYSCOOT reserves the right to introduce and implement a system of penalties and/or suspension of the Booking function described above under the conditions that will be brought to the knowledge of the Users in accordance with the provisions of Article 17.3 of these Conditions.

 

7.2.2 Unlocking the Scooter

 

To unlock the Scooter he has reserved, the User must enter, on the numeric keypad integrated in the vehicle, the Reservation Code he has received via the Application, or alternatively drag the “Drag to unlock” button that appears on the Application.

 

The Scooter switches on and the seat opens automatically. If the saddle does not open automatically, simply press the button, which has a helmet icon, located on the left-hand side of the handlebar.

 

7.2.3 State of the Scooter on collection

 

The User agrees to notify Customer Services, via the dedicated section of the Application or by telephone, of any damage to the Scooter that he or she may have observed before departure. The User also undertakes, as far as possible, to take photographs of the damage observed and to transmit them via the contact form of the Application.

 

Examples of damage that the User is obliged to report to the Customer Service:

  • Damaged fairing
  • Punctured tyre
  • Missing or damaged rear-view mirror
  • Broken or bent brake lever
  • Broken headlight or lights
  • Damaged keypad and speedometer
  • Damaged kickstand
  • Seat

 

In the abovementioned circumstances, once the report has been sent, the User undertakes not to use the damaged Scooter and, if necessary, to cancel the Reservation via the Application pursuant to Article 7.2.1 above, without prejudice in any case to CITYSCOOT’s rights pursuant to Article 7.2.8 below.

 

7.2.4 Starting the Scooter

 

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

  • raise the seat to gain access to the underseat compartment and helmet;
  • if there is a Citycase (top box) press the appropriate button and remove the helmet
  • adjust the helmet to your size and put it on;
  • adjust the rear-view mirrors;
  • set the red button located on the right of the handlebar to “ON”.

 

7.2.5 Temporary stopping procedure (Pause)

 

To temporarily park the Scooter, the User must:

– park the Scooter inside an authorised space;

– if you wish to store the helmet, open the seat by pressing the “Helmet” button located on the left of the handlebars;

– take back from the Scooter all the accessories that belong to it; CITYSCOOT is in no way responsible for any personal belongings or accessories that have been forgotten;

– close the seat and check that it is locked;

– if there is a Citycase (top box), close it;

– turn and hold the handlebar to the left and wait for the corresponding light on the left of the handlebar to go out;

– set the red button located on the right side of the handlebar to “OFF”;

– wait for the speedometer to switch off;

– check that the word PAUSE appears on the smallest display on the dashboard.

 

During the pause, the counting of parking minutes begins and the corresponding tariff is applied.

 

7.2.6 Procedure for returning the Scooter and ending the period of Use

 

To return the Scooter and end the period of Use, the User must:

– ensure that they are in a CITYSCOOT Zone (in which case, the yellow “OUT OF ZONE” light must be off);

– ensure that he/she complies with the parking conditions as authorised within the municipality as well as within the area where the Scooter is returned;

– be sure to hoist the Scooter on the stand;

– place the scooter stand in an authorised location;

– open the seat by pressing the “Helmet” button located on the left of the handlebars;

– stow the Helmet under the saddle with the front facing away from the direction of travel;

– if used, stow the second Helmet in the Citycase (top box)

– take back from the Scooter all the accessories that belong to it; CITYSCOOT is in no way responsible for any personal belongings and accessories that have been forgotten;

– close the seat and the Citycase and check that both are locked;

– turn and hold the handlebar to the left until the corresponding LED goes out;

– move the red button located on the right side of the handlebar to “OFF”;

– wait for the speedometer to switch off;

– press the FIN/FINE/END button within 10 seconds of the smallest display turning on or click “end rental” from the Application;

– check that the green “FREE” LED is on and make sure from the Application that the Scooter is available for use again;

 

If the red or orange LED lights up or flashes on the keyboard of the Scooter, this means that the User has not complied with the procedure and must therefore check that all the stages of the return phase have been correctly performed.

 

The User is obliged to check that the activities required to conclude the period of Use have indeed been successfully performed. In the event that the User has not carried out (or has incorrectly carried out) the procedure for returning the Scooter at the end of the period of Use, CITYSCOOT shall not be held liable for charging an amount greater than the amount corresponding to the actual time of Use of the Scooter.

 

7.2.7 State of the Scooter at the time of return

 

The User undertakes to report to Customer Services, via the dedicated section of the Application or by telephone, any damage, even of a minor nature, for which they are responsible during use, and to report any damage that he/she may have noticed on the Scooter when it is returned. The User undertakes, as far as possible, to take photographs of the damage observed and to transmit them via the contact form of the Application.

 

7.2.8 Termination of Use at the Initiative of CITYSCOOT

 

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

– in the event of technical or security problems affecting the use of the Service or the management of the Scooters;

– in the event of an exceptional shutdown of the Service due to a measure issued by a competent authority or for any reason pertaining to CITYSCOOT

– in case of force majeure;

– in the event of malfunctions, accidents, or automatic crash detection of the Scooter concerned;

– in case of suspension or deactivation of the User’s account in accordance with Article 15 of these GTCUS;

– in case of temporary stop (Pause) of the Scooter if CITYSCOOT fails to contact the User after several attempts;

– in the event of temporary stoppage (Pause) of the Scooter, for a duration of more than three (3) hours;

– in the event of theft of the Scooter during the period of Use.

 

 

7.3 Assistance procedure

 

7.3.1 Activating the procedure

 

The assistance procedure must be activated by the User in the event of an accident resulting in personal injury and/or material damage, in the event of breakdown or puncture, by telephoning Customer Services (cost of a local call from an Italian mobile phone).

 

The assistance procedure implies a series of actions and diagnoses on the part of CITYSCOOT involving the cooperation of the User.

 

7.3.2 Diligences, duties and liability of the User and Customer Service

 

  1. a) Personal Injury or Material Damage

 

The User is obliged to contact CITYSCOOT Customer Service without delay by telephone, regardless of the nature of the damage caused by the incident, unless the User has been involved in an accident that has caused them physical injuries that prevent them from fulfilling the aforementioned obligation.

 

In the event of bodily injury, the User shall, as a matter of priority, contact the emergency services (SAMU – emergency medical assistance/first aid services – fire brigade) and the police.

 

As far as possible, the User:

 

  • Wears the reflective waistcoat at his disposal under the saddle.
  • Takes action to contain the obstruction and any danger caused by the crashed Scooter to other road users and/or other vehicles.
  • Remains in the vicinity of the Scooter until the vehicle is picked up by the emergency services.
  • Drafts the accident report form (a blank copy will be brought in by a Cityscoot employee) legibly, even in the case of only material damage in which no third party is involved, specifying the circumstances of the accident and, if necessary, having it countersigned by the driver(s) of the other vehicle(s) involved in the accident.
  • Send the friendly report form by e-mail or regular mail as soon as possible and at the latest within 5 working days from the moment the accident occurred, to the following address CITYSCOOT, Claims Service, Via Spezia, 1 Milan 20142.
  • Describes to the Claims Department the exact dynamics of the claim, the known or presumed causes, also provides the names and addresses of the injured parties and, if possible, indicates the witnesses, by e-mail ([email protected]) or by ordinary mail to the above address.
  • Co-operates with CITYSCOOT’s insurer in any way CITYSCOOT’s insurer deems necessary, providing true and accurate information.

 

  1. b) Scooter breakdown or puncture

 

The User must contact CITYSCOOT Customer Service without delay for any type of breakdown.

 

The User:

  • wears the reflective waistcoat that is at his disposal under the seat;
  • takes action to contain the obstruction and any dangers caused by the crashed Scooter to other road users and/or other vehicles;
  • remains in the vicinity of the Scooter until express approval (call, e-mail, text message,..) from Customer Services, otherwise the service costs may be charged to them.

 

  1. c) Theft (consumed or attempted) of the Scooter or acts of vandalism

 

In the event of theft of the Scooter or acts of vandalism committed during the period of Use, the User must contact Customer Services without delay.

 

The Customer Service will indicate to the User the procedure to be followed based on an assessment of the circumstances of the case.

 

The User is obliged to file a complaint with the police and send by e-mail or ordinary mail to CITYSCOOT (Via Spezia, 1 20142 Milan) within forty-eight (48) working hours from the incident, the receipt of the complaint filed at the police station or the carabinieri station as well as the statement containing explanations regarding the circumstances of the theft or damage suffered by the Scooter.

 

  1. d) Automatic Shock Detection

 

The Scooter is equipped with a device that allows CITYSCOOT to detect each collision in real time as well as the point of impact on the Scooter. In the event of a collision, for the safety of the driver, CITYSCOOT reserves the right to contact the User immediately in order to locate the exact point and take all necessary precautionary and assistance measures.

7.3.3 End of Use in the Event of Incident

 

Use and the charge to the User end when the assistance procedure described in Articles 7.3.1 and 7.3.2 is activated.

 

However, the Scooter remains the full responsibility of the User until it is handed over to the assistance service or breakdown service. 

 

ARTICLE 8 – PAYMENTS

 

8.1 General provisions

 

The User undertakes to pay all sums due to them and related to the Service, including but not limited to

  • the consideration due by the User to CITYSCOOT for the use of the Service, calculated according to the tariff conditions set forth in Article 3;
  • the fines and pecuniary consequences of any traffic violations committed
  • the insurance deductibles in the event of a claim, listed in APPENDIX 2.2
  • the penalties listed in APPENDIX 2 of these GTCUS;

 

In general, the User undertakes to keep himself duly informed of his pecuniary obligations towards CITYSCOOT during the entire duration of the contractual relationship.

 

8.2 Payment for the period of Use

 

The payment for the period of Use, at the rate conditions set forth in Article 3, is due at the end of each period of use of the Scooter.

 

CITYSCOOT shall issue an invoice following the User’s use of the Service. The amount shall be charged to the payment method indicated by the User at the time of registration.

 

In the event of a refused withdrawal, the User may settle their debt by paying CITYSCOOT directly from their Personal Area. Settling the delay through direct payment will allow the unblocking of the User’s access to the Service, unless said blocking is a consequence of the violation of other and further provisions of these GTCUS.

 

8.3 Payment of penalties

 

The penalties described in APPENDIX 2 of the present GTCUS are the subject of a supplementary invoice that may be sent to the User within 3 months from the date on which CITYSCOOT became aware of the facts that gave rise to the imposition of the penalty.  

 

The User shall make payment within the term indicated on the invoice. Otherwise, CITYSCOOT reserves the right to withdraw the amount due from the payment method indicated by the User. 

 

8.4 Updating payment instruments

 

In the event of the expiry of the validity period of his credit or prepaid card, the User undertakes to update his bank details in his Personal Area at least fifteen (15) days before the expiry of the card. The update must take place upon receipt of the new credit or prepaid card and before the expiry of the previous one.

 

Should the User fail to fulfil the aforementioned obligation or should their credit card be invalid for any reason whatsoever, CITYSCOOT shall suspend access to the Service until the position is regularised. During the suspension of access to the Service, the User shall nevertheless remain liable in relation to the due dates and owing the outstanding amounts.

 

8.5 Authorisation to make withdrawals on the payment method

 

By entering their credit card numbers at the time of Sign-up or by updating their banking information in their Personal Area, the User grants CITYSCOOT the authorisation to withdraw from their credit or prepaid card any amount owed by them in accordance with the present GTCUS (in particular, by way of example only, the price of the Use, the penalties, the deductible in case of accident or theft without identifying a responsible third party…).

 

The release of the payment method details by the User is indispensable for validating the Registration and authorising the withdrawal of the amounts due.

 

8.6. Account of amounts to be paid

 

The User accepts that the statement of amounts to be paid is made available to them electronically in their Personal Area. They undertake to regularly check their Personal Area on the Site or via the Application in order to view their history of routes, balances, invoices, debits and their due dates.

 

The User may download the statement of amounts via their Personal Area. The User may dispute the amounts to be paid within one month of their receipt. Beyond this deadline, the amount shall be considered correct and validly issued.

 

The User acknowledges and accepts that in case of use of a Scooter in a country other than Italy, where the Service is available, CITYSCOOT may transmit the data concerning them, in particular the banking data, to the local office in the country concerned so that it can duly proceed with the relevant charges. 

 

ARTICLE 9 – USER’S OBLIGATIONS

 

9.1 Prescriptions

 

The User must drive the Scooter in a responsible manner, in accordance with these GTCUS, scrupulously observing the provisions of the Highway Code.

 

The User is also obliged to

  • look after the Scooter;
  • ensure that the Scooter is parked in a safe place authorised for two-wheeled vehicles when parked
  • use the mandatory safety accessories supplied with the Scooter.

 

The User is required to check, when collecting the vehicle, that the Scooter’s accessories are present and, if they are missing, to notify Customer Services immediately using the service number.

 

Smoking, drinking, eating, and telephoning are prohibited on the Scooter.

 

CITYSCOOT recommends the use of clothing suitable for riding this type of vehicle and specifies that they are not provided by the company (with the exception of the reflective waistcoat, the use of which is optional, and the helmet, the use of which is compulsory).

 

The User must ensure that they have not left any accessories belonging to them inside the Scooter during the Break Periods or at the end of the period of Use, and waives any claim concerning forgotten items against CITYSCOOT.

 

The User must also return the Scooter according to the procedure described in Articles 7.2.5. and 7.2.6.

 

The User undertakes to update his or her information and bank details whenever they change, so that the latter’s information available to CITYSCOOT is up-to-date and correct for the entire duration of the contractual relationship.

 

9.2 Modes of Use

 

The User may not use the Scooter, nor allow third parties to use it

  1. a) for the transport of goods for remuneration;
  2. b) for tours or regular customer visits;
  3. c) for towing, towing or pushing any vehicles, trailers and objects of any kind;
  4. d) outside roads that are driveable or suitable for use by the Scooter;
  5. e) when the Scooter is overloaded;
  6. f) when transporting objects or substances (flammable, corrosive, toxic, explosive, ionising or oxidising materials, etc.) that, due to their state or smell, could damage the vehicle and/or delay the possibility of using the Scooter again
  7. g) to participate in sporting competitions (races, trials, demonstrations, etc.);
  8. h) in violation of the Highway Code or other regulations;

(i) for unlawful purposes;

  1. j) to allow third parties to use it free of charge or against payment;
  2. k) for the carriage of passengers against payment, even on an occasional basis;

(l) for driving lessons;

  1. m) for transporting animals, for loading heavy parcels or for moving house;
  2. n) if it is in breach of any obligation mentioned in the GTCUS.

 

9.3 Driver of the Authorised CITYSCOOT Scooter

 

The Scooter may be driven only by the User registered for the Service and who has reserved the vehicle.

The User agrees to ensure that the Scooter used is not driven by a person other than the User, even if that person is himself a User of the CITYSCOOT Service. If the User fails to comply with this obligation, CITYSCOOT shall apply the penalties set forth in APPENDIX 2 of these GTCUS.

 

Likewise, the User is not authorised to allow third parties (including members of their family) to use their CITYSCOOT ID (e-mail address) and associated password.

 

Any use of the Application with the Access Credentials shall be deemed to be access by the User, who shall always remain personally liable for the use of the Service through the Application with the use of their Access Credentials.

 

In the event of loss and/or disclosure of the Access Credentials, it is the User’s responsibility to replace them.

 

9.4 Licence

 

If the User is required to hold a driving licence because he finds himself in the situation corresponding to that contemplated in Article 4.2, he undertakes that said document has been validly issued by the competent authorities of the country of which he is a citizen or in which he resides. The driving licence must not be suspended, cancelled, withdrawn, expired at the time of Registration as well as at the time of each Utilisation.

 

The User must be in possession of a driving licence (such as an A, A1, A2, B, AM licence, moped licence) and the other documents mentioned in Article 4.2.2 that demonstrate that the User is authorised to drive the Scooter. The document or licence must be validly issued by the competent authorities of the country of which he is a national or in which he resides. These driving licences must not be suspended, cancelled, withdrawn or expired at the time of Registration or at the time of any Use. The same applies to any additional documents required for driving the Scooters.

 

9.5 Driving ability

 

When using the Scooter, the User must not be under the influence of alcohol, drugs, medication or any other legal or illegal substance that alters their faculties or ability to drive the vehicle placed at their disposal.  Failure to do so shall result in loss of insurance cover.

 

9.6 Traffic restrictions

 

The Scooter may only circulate on the roads and lanes authorised for vehicles of category L1e, in accordance with the Highway Code. If the User does not comply with this requirement, the penalties set out in APPENDIX 1 of these GTCUS apply.

 

9.7 Damage

 

The User is solely and exclusively liable for damage to persons and property (including the Scooter) resulting from the use of the Scooter for the entire duration of the Use.

 

The User is obliged to return the Scooter in the same condition in which they received it before Use. In the event of failure to comply with the aforementioned obligation, the User shall indemnify or compensate CITYSCOOT for the losses and expenses incurred in the event of loss of value or damage suffered by the vehicle during the period of Use in proportion to the loss and/or damage caused, unless the damage is attributable to third parties.

The valuation is made taking into account the costs of spare parts required for the repair as set out herein. The indicated price list is provided for information only. Only the price communicated to the user at the time of repair is valid.

 

9.8 Non-compliance with these GTCUS

 

In the event of failure to comply with the obligations under these GTCUS by the User, either by themselves or by persons under their responsibility (passenger, if any), the former shall be obliged to indemnify CITYSCOOT from any liability and to compensate for any loss, damage or expense that CITYSCOOT may have incurred as a result of the User’s failure to comply, especially if the said failure has the effect of excluding the guarantee of the insurance coverage taken out by CITYSCOOT. The aforesaid provision does not exclude the activation by CITYSCOOT of further remedies against passengers or third parties attributable to the sphere of their respective responsibility. 

 

ARTICLE 10 – INSURANCE

 

During the period of Use of the Scooter, the User benefits from the insurance policy stipulated by CITYSCOOT, which includes insurance for third-party liability, driver’s accident insurance, fire, theft (attempted or consummated), and vandalism. The cost of use includes the cost of insurance.

All applicable guarantees and deductibles are described in detail in APPENDIX 2.2.

 

10.1 Liability insurance

 

10.1.1 By subscribing to the Service, the User benefits from mandatory third-party liability insurance, the cost of which is included in the price of the Use.

 

10.1.2 The insurance covers the risks of third-party liability for which insurance is mandatory up to the amount of EUR [25,000,000] (for capital, interest and expenses) in connection with damage unintentionally caused to third parties by the User during the Use, in public and private areas, excluding airport areas.

 

10.1.3 The following cases are excluded from the guarantee

  • User who has never obtained any licence to ride the Scooter;
  • damage caused to third parties during an unauthorised speed competition pursuant to Section 9 bis of the Road Traffic Act, if the User has been definitively fined pursuant to Section 141 of the said Act
  • damage caused within the areas reserved for aircraft traffic and parking;

In the event of an accident in which the User is co-responsible or principally liable, in accordance with APPENDIX 2.2, the User will not have to pay any deductible to CITYSCOOT ITALIA SRL.

 

10.2 Driver’s Accident Guarantee

 

10.2.1 Object of the guarantee

 

The User, as driver of the Scooter, benefits from the “driver accidents” guarantee, the cost of which is included in the price of the Use. The insurance cover indemnifies the User for accidents that result in the death or permanent disability of the User, occurring during the period of Use, from the moment the User boards the Scooter until the moment the User has finished using the Scooter. The aforementioned cover is also valid for accidents sustained when the vehicle comes to a standstill during the operations required to resume use.

The insurance cover is valid provided that

  • the User is licensed to drive the Scooter;
  • the User has complied with the legal regulations concerning the obligation to wear a helmet.

 

10.2.2 Scope of cover

 

In the event of an accident during the period of Use, compensation is payable to the User for the direct and exclusive consequences of the accident that are independent of any pre-existing or intervening physical or pathological conditions. If the permanent disability occurs, even after the expiry of the policy, but within two years from the day on which the accident occurred, the indemnity due to the User shall be calculated on the sum insured for permanent total disability, in proportion to the degree of disability actually suffered, according to the percentages indicated in the table in Appendix [2.4], and up to a maximum of €50,000.

In cases of permanent disability not specified in the aforesaid table, the latter shall nevertheless be used as a reference and the indemnity shall be calculated taking into account the extent to which the User’s general capacity to carry out any profitable work, regardless of his/her profession, is permanently diminished.

In the event of anatomical loss or functional reduction of an organ or limb that is already impaired, the above percentages are decreased taking into account the pre-existing degree of disability. For left-handed users, the percentages for the right upper limb shall apply for the left upper limb and vice versa.

For the assessment of visual and hearing impairments, the degree of permanent disability shall be quantified taking into account the possible application of corrective aids.

If the accident results in impairment to more than one of the anatomical and/or articular districts of a single limb, the assessment shall be made by summing the individual percentages until reaching a maximum value corresponding to the total anatomical loss of the limb itself.

The total or partial anatomical-functional loss of more than one organ or limb shall entail the application of a percentage of disability equal to the sum of the individual percentages calculated for each injury, up to a maximum value of 100%.

 

In the event of death, the cover is operative up to a maximum of €50,000.

If the accident results in the death of the User, within two years of the occurrence of the accident that caused the accident, the sum insured to be settled shall be paid to the User’s heirs in equal shares.

If the User who has already been indemnified for permanent disability dies within two years of the day on which the accident occurred and as a result of the accident, the cover shall apply to the User’s heirs, who shall be paid the difference between the indemnity paid and the sum insured for death.

The right to compensation for permanent disability is of a personal nature and is therefore not transferable to the heirs; however, if the User dies from a cause unrelated to the accident after the compensation has been paid or otherwise offered in a determined amount, cover is valid towards the heirs for the amount paid or offered.

 

A deductible of 5% shall apply for the damage item “permanent impairment of psychophysical integrity”. No indemnity shall be paid for the loss item “permanent impairment of psychophysical integrity” if the determined rate is 5% or less.

 

10.2.3 Warranty Exclusion

 

Cover for your bodily injury is excluded if you:

  • at the time of the accident, was driving under the influence of alcohol, as defined by the regulations in force, or of narcotic substances in the absence of a medical prescription, unless the accident is in no way causally linked to the state of alteration
  • suffered the injuries as a consequence of an unauthorised speeding competition pursuant to section 9 bis of the road traffic code, if the driver has been definitively subjected to the sanctions pursuant to section 141, paragraph 9 of said code
  • suffered the injuries as a consequence of his own criminal actions or participation in reckless undertakings
  • arising from acts of war, insurrections, earthquakes, volcanic eruptions and floods
  • that are a direct consequence of transmutation of the nucleus of the atom, as well as radiation caused by artificial acceleration of atomic particles

as well as accidents caused by:

  • heart attacks caused by any cause whatsoever;
  • hernias of any kind caused by any cause whatsoever
  • muscular injuries caused by strain in general
  • subcutaneous ruptures of tendons
  • morbid manifestations caused by emotional events.

 

ARTICLE 11 – TOLLS – FINES – CRIMINAL OFFENCES

 

The User shall pay the tolls, fines, penalties and fines levied against him/her in accordance with the laws in force. In accordance with the principle of the personal nature of the penalty, the User is held solely responsible for the consequences of any breach of the Highway Code, traffic or parking regulations or any other law or regulation that may arise during the period of Use; he/she is also liable in the event of unauthorised parking of the Scooter at the end of the Use.

 

In the event of a report of a traffic violation committed by the User, CITYSCOOT shall indicate, upon receipt of the aforementioned document, to the competent authorities the identity of the User responsible for the violation. CITYSCOOT will also charge the User the lump sum envisaged in APPENDIX 2 of these GTCUS, for each report received, as handling expenses that the Company will incur in relation to the aforementioned report. 

 

In the hypothesis of administrative detention of the vehicle for use of the Service in violation of the regulations set forth in the Highway Code and/or laws in force, the User will be obliged to pay compensation for the damage as regulated in APPENDIX 2 of the present GTCUS.

 

ARTICLE 12 – RESPONSIBILITY OF CITYSCOOT

 

CITYSCOOT undertakes to supply the Scooter including Accessories, specifically the homologated helmet.

 

CITYSCOOT is not responsible for the loss or damage to the User’s Accessories. The User is obliged to take care of and not to leave his/her personal belongings in the Scooter.

 

Except in cases of willful misconduct or gross negligence, CITYSCOOT shall not be liable for damages caused by the unavailability or malfunctioning of the Website and/or the Application or all or part of the Service. The provision of the Service and the fulfilment of these GTCUS constitute for CITYSCOOT only an obligation of means and not of result.

 

Since the Service is of the self-service type, CITYSCOOT shall not be liable to the User with respect to the punctual presence or absence of Scooters available for Use nor with respect to the recharging of the battery when the level of charge has been communicated to the User.

 

CITYSCOOT’s liability is limited to direct, certain (immediate) and foreseeable damages. In no event shall CITYSCOOT be liable for indirect damages such as market loss, commercial damage, loss of customers, business interruption, loss of profit, or damage to reputation.

 

The User also accepts that the Customer Service and/or the use of the Service, at the time of Registration, Reservation or Use of the Scooter, may/may prove to be malfunctioning or may/may be temporarily out of service. Specifically, CITYSCOOT cannot be held liable in the following cases:

 

  • misuse or malfunctioning of the Internet;
  • computer virus transmitted via the Internet
  • interruption of services accessible via the Internet;
  • total or partial malfunction and/or unavailability of the GSM/GPRS/3G/4G/5G networks
  • inability to provide the Service because the communication module integrated in the Scooter is located in a geographical area not covered by GSM/GPRS/3G/4G/5G networks or because it is in the signal shadow cone within a covered geographical area
  • interference or malfunctioning caused by maintenance work, upgrading, renovation or extension of GSM/GPRS/3G/4G/5G network installations carried out by the telecommunications operator used by CITYSCOOT;
  • dangerous propagation of electromagnetic waves, cancellation of the licences for the operation of the service of the telecommunication operator used by CITYSCOOT by order of the public authority or the forfeiture of the same due to unforeseeable circumstances
  • transmission of radio signals subject to constraints or limitations of technical standards imposed on radiotelephony operators by regulatory authorities or competent bodies according to the provisions of the law
  • inability to provide the Service due to failure or malfunctioning of GPS satellites or power outage;
  • location error due to degradation of the GSM/GPRS/3G/4G/5G signal or GPS signal, in particular due to cloudiness or vegetation
  • non-functionality of the Scooter whatever the origin;
  • force majeure as interpreted by the Supreme Court.

 

In accordance with the Consumer Code, no limitation of liability applies for death or injury to the person of the User resulting from an act or omission attributable to the Company.

 

In exceptional cases (meaning situations potentially capable of compromising the safety of the Users, such as breakdowns, technical failures, public demonstrations, pandemics, changes in regulations governing road traffic and adverse weather conditions), CITYSCOOT reserves the right to temporarily suspend the Service, with timely notice to the User, without any compensation being due to the User.

 

ARTICLE 13 – PERSONAL DATA

 

As part of the provision of the Service, CITYSCOOT collects and processes certain types of personal data of Users in compliance with the provisions of Legislative Decree no. 196 of 30 June 2003 (the so-called Personal Data Protection Code) and the provisions of Regulation (EU) no. 2016/679 (the so-called General Data Protection Regulation – GDPR).

 

By creating a CITYSCOOT account and/or by using the Service, the Customer acknowledges the processing of his/her personal data by CITYSCOOT, which shall be carried out in compliance with the laws in force as well as with the provisions set forth in CITYSCOOT’s Privacy Policy. 

 

The User hereby consents to the communication by the Company of his/her identification data to the Public Administration in the event that he/she has committed a traffic offence while using the Service, even if it results in the deduction of points from his/her driving licence. The Company shall inform the User of the communication of his identification data to the Public Administration.

 

ARTICLE 14 – PROMOTIONAL OFFERS – LOYALTY PROGRAMME

 

CITYSCOOT may propose, at its sole and exclusive discretion, promotional offers which shall be governed by these GTCUS, unless otherwise specified in the specific conditions of the offer.

 

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

 

14.1 Promotional Codes

 

If CITYSCOOT makes available a promotional code entitling the User to a credit, price reduction or any other benefit, the User acknowledges and agrees that said code:

(i) is redeemable only one (1) time and only through the Website and/or through the Application;

(ii) cannot be combined with other promotional codes

(iii) is only valid for a limited duration which will be communicated to the User together with the promotional code;

(iv) may expire before it is used;

(v) may not be made available to the public without the express permission of CITYSCOOT

(vi) may not be exchanged, monetised or converted into cash;

 

Any use of the promotional code other than as provided by CITYSCOOT is prohibited. Promotion codes are indivisible, cannot be transferred and cannot be refunded and/or exchanged.

 

In the event of fraudulent, unlawful or illegal use contrary to these GTCUS and/or the specific terms and conditions of the offer, CITYSCOOT reserves the right to decline or reduce the benefit related to the promotional code and to collect any amount owed by the User as a result of such use.

 

14.2 CITYSCOOT Loyalty Programme

 

The Loyalty Bonus Programme allows Users to accumulate free minutes based on their status.

14.2.1 Counting of paid minutes used

 

The “Loyalty Bonus” programme calculates every day the paid minutes used by the User during his/her monthly Usage.

The following are counted: minutes charged (per unit) according to the tariff in force or purchased via a CityRider Pack

The following are not counted: free minutes (resulting from promotional codes, reference codes, promotional initiatives or discounts or the previous month’s loyalty programme) as well as those refunded or credited after a Use.

In the event that one or more Uses made by the User in the reference month are fully or partially reimbursed, the loyalty programme shall deduct the reimbursed or credited minutes from the number of minutes counted, potentially resulting in a change in the User’s loyalty status.

In case of non-payment or delayed payment, CITYSCOOT reserves the right to deduct the unpaid minutes from the amount of the User’s accumulated minutes and to adjust the relative loyalty status.

 

14.2.2 Loyalty status

Depending on the number of minutes accumulated by the user each month, the user will be awarded one of the following statuses:

Number of paid minutes counted per month:

Status :

Less than 300:

CityRider

Between 300 and 499:

CityLover 

Between 500 and 999:

CityMaster

From 1000 minutes:

CityLegend

 

The User’s status is maintained from the date of its attainment until he attains a higher status or until the end of the current reference month.

14.2.3 Allocation of free minutes

The final loyalty status obtained at the end of the month determines the number of free minutes offered to the User in the following month. These minutes are credited to the User’s account at the beginning of the following month and end at the end of the same month. The minutes will be sent to the User by email or via promotional codes. The minutes will be credited to the User the following month and will expire at the end of the crediting month.

Number of paid minutes counted per month:

Status:

Numero di minuti gratuiti attribuiti:

Less than 300:

CityRider

0 minutes

Between 300 and 499:

CityLover 

30 minutes

Between 500 and 999:

CityMaster

60 minutes

From 1000 minutes:

CityLegend

130 minutes

 

14.2.4 Use of free minutes

The User may use the free minutes allocated to him from the loyalty programme throughout the following month (in the course of one or more Uses) until they are used up. Free minutes not used up during this period are lost.

The free minutes credited to the User’s account are the first to be debited. If the User has benefited from additional free minutes as a result of commercial or marketing campaigns (promotional codes, invitation/referral codes, etc.), those with the earliest expiry date shall be charged first.

Free minutes are allocated personally to the User in his/her account and are therefore not transferable. Likewise, they cannot be transferred or accumulated with other free minutes obtained on another account. Free minutes have no monetary, exchange or patrimonial value and cannot, under any circumstances, be converted into money.

 

14.3 – Information

The User is informed of the free minutes credit by e-mail. The User may also consult his/her accumulated minutes and balance of free minutes in his/her Personal Area, under the heading “Balance of minutes”.

CITYSCOOT Customer Service responds to Users’ requests for information on the loyalty programme and its operation, as well as to complaints and issues related to technical problems. It can be reached by phone at +32 02 94 75 84 91, Monday to Sunday from 7:30 a.m. to 00:00 a.m. or by e-mail at [email protected].

It is specified that in the event of cancellation from the CITYSCOOT Service, the User loses the benefit of all the free minutes accumulated and, more generally, all the advantages relating to the loyalty programme.

 

14.4 – Liability

Excluding cases of wilful misconduct or gross negligence, CITYSCOOT is relieved of all liability for the direct or indirect consequences of any anomalies and malfunctioning of the CITYSCOOT loyalty programme, whatever the cause. In the event of a malfunction in the programme, CITYSCOOT shall nevertheless do its best to extend, for a duration equivalent to that of the malfunction itself, the benefit deriving from the accumulated minutes and other advantages acquired by the User.  

In the event of a dispute as to the amount of accumulated minutes or the balance of the User’s minutes, only the data and information contained in CITYSCOOT’s database shall be deemed authentic.

 

ARTICLE 15 – EFFECTIVE DATE AND DURATION OF CITYSCOOT MEMBERSHIP

 

15.1 Effective Date

Subscription to the CITYSCOOT Service takes effect upon completion of the registration process described in Article 5.1 of the present GTCUS. Notwithstanding the provisions of these GTCUS, any Subscription made before the date of opening of the Service shall be effective only on the date of opening of the Service.

 

15.2 Duration

Membership is unlimited in duration as long as the User complies with the provisions of these GTCUS, subject to Article 16 below.

 

ARTICLE 16 – SUSPENSION OR TERMINATION OF ACCESS TO THE CITYSCOOT SERVICE

 

CITYSCOOT reserves the right to temporarily suspend the User’s access to the Service for any reason whatsoever. In particular, CITYSCOOT shall suspend the Service in the event of situations that may potentially compromise the safety of Users (e.g. adverse weather conditions), giving prior notice to Users.

 The “minutes” credit balance shall be maintained during the entire suspension period.

 

CITYSCOOT reserves the right to temporarily block the User’s access to the Service and/or to permanently cancel his/her Registration, without prior notice and without any compensation being due to the User, in the following cases 

 

– abusive or fraudulent use of the Service

– falsification, omission or inaccuracy of information or documents transmitted by the User or by third parties acting on the User’s behalf, or failure to update information concerning the User in their Personal Area

– unlawful disclosure or use of the User’s data and account details;

– the implementation of techniques aimed at circumventing the present GTCUS or prejudicing the interests of the CITYSCOOT company or the interests of the Users;

– the User’s non-payment, late payment or invalidation of the credit card not settled within the fifteen (15) day period. It is specified that access to the Service may be suspended until the aforementioned position is regularised;

– improper use of the Scooter;

– in the event of non-fulfilment of the obligations set out in these GTCUS by the User;

– in the event of interruption or termination of the Service for any reason whatsoever, including under the conditions set out in Article 11 herein.

 

ARTICLE 17 – APPLICABLE LAW – SETTLEMENT OF DISPUTES

 

These GTCUS are governed exclusively by Italian Law.

 

Should one or more clauses of the GTCUS be declared invalid or null, this shall not affect the validity of the contract in its entirety.

 

For any dispute arising from, connected with, or deriving from the GTCUS, the Court of the place of residence or domicile of the User, located on Italian territory, shall have exclusive jurisdiction.

 

In addition, the User may have recourse to an Alternative Dispute Resolution Body (ADR), in accordance with the terms of the Regulation of such Body and the provisions of the Consumer Code in Articles 141 et seq.

The User may also have recourse to an ADR via the platform set up by the European Commission, On-line Dispute Resolution: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT. Via this platform, the User may consult the list of ADR bodies, find the link to their respective sites, and initiate the on-line dispute resolution procedure in the event of a dispute arising.  The e-mail address of CITYSCOOT that the User shall enter in the ODR portal is as follows: [email protected].

 

ARTICLE 18 – COMMUNICATION OF THE GENERAL CONDITIONS OF USE OF THE SERVICE TO USERS AND RECORD OF THEIR ACCEPTANCE

 

18.1 Communication and acceptance of the General Conditions

 

The General Conditions of Use of the Service are proposed to the User at the time of registration. The latter consents and expresses his or her willingness to accept the GTCUS by ticking the corresponding box at the time of Registration.

 

He may at any time consult the GTCUS in force on the Website www.cityscoot.eu and on the Application. After the conclusion of the contract, confirmation of the concluded contract will be sent to the User by means of a durable medium (e-mail), also containing a link from which a copy of the General Terms and Conditions of Service can be downloaded.

 

18.2 Filing of Customer’s Acceptance

 

The Customer’s acceptance of the GTCUS is expressed by selecting acceptance of the General Conditions when creating a CITYSCOOT account. By checking the box, the User declares that he/she has read the GTCUS on the Website or Application and fully understands them. The CITYSCOOT Company shall store data relating to such electronic communication manifesting acceptance for a period of two (2) years from the termination of any contractual relationship. 

 

18.3 Amendments to the GTCUS

 

These GTCUS (including applicable fees and penalties) may be updated by CITYSCOOT whenever CITYSCOOT deems it appropriate. Their update shall be brought to the knowledge of the User by any means, in particular through the Application.

 

In the event of changes to the GTCUS that have occurred after his Registration, the User will be invited to tick the box “I accept the general conditions of use” before making a new Reservation via the Application. Otherwise, the User is free not to make further use of the Service and may cancel his Registration by following the instructions described in Article 16.2 above. In any event, any modification of these GTCUS will be considered accepted and enforceable against the User if the latter, having been informed of said modifications, continues to use the Service.

 

***

The User, having read the present conditions that regulate the relationship, declares, pursuant to and for the purposes of Article 1341 of the Civil Code, to accept and specifically approve Articles: 5, ENROLLMENT METHODS (including paragraphs 5.1. Method of registration of natural persons, 5.2. Unsubscription from the service); 6, RIGHT OF WITHDRAWAL; 7, TERMS OF USE OF THE CITYSCOOT SERVICE (including paragraphs 7.1. General Provisions, 7.2 Use of a Scooter and 7.3 Assistance Procedure); 8, PAYMENTS (including paragraphs 8.1 General Provisions, 8.2 Payment of the Period of Use, 8.3 Payment of Penalties, 8.4 Updating of Payment Instruments, 8. 5 Authorisation to make credit card withdrawals, 8.6 Invoicing); 9, OBLIGATIONS OF THE USER (including paragraphs 9.1 Prescriptions, 9.2 Manner of Use 9.3 Authorised Scooter Cityscoot Driver, 9.4 Licence, 9.5 Legal Capacity, 9.6 Limitation of Circulation, 9.7 Damages, 9. 8 Non-compliance with these GTCUS); 10 INSURANCE (including paragraphs 10.1 Liability Insurance, 10.2 Driver Accident Insurance and Exclusion of Warranty) 11, PEDAGES – CONTRAVICTIONS – FINES – CRIMINAL ILLNESS; 12, CITYSCOOT’S LIABILITY, 14 PROMOTIONAL OFFERS, 16, SUSPENSION OR CESSATION OF ACCESS TO THE CITYSCOOT SERVICE (including paragraphs 16. 1 Suspension or termination at the initiative of CITYSCOOT, 16.2 Cancellation at the initiative of the User); 17, APPLICABLE LAW – SETTLEMENT OF DISPUTES 18 COMMUNICATION OF THE GENERAL TERMS OF USE OF THE SERVICE TO USERS AND FILING OF THEIR ACCEPTANCE.

 

 

APPENDIX 1 – Prices

 Price per minute without a pack

 €0,38

 Pack250

 €62, ergo €0,25/min

 Pack100

 €27, ergo €0,27/min

 Pack50

 €15, ergo €0,30/min

 CityYoung

 €12, ergo €0,24/min

 CityPass24

 €24

 NEW PACK Pack30

 €10, ergo €0,33/min

 

 

APPENDIX 2

APPENDIX 2.1 – Penalties summary table

The amounts of the penalties described below, with the exception of the amounts relating to fines, are all inclusive of VAT.

 

TYPE OF DEFAULT OR INCIDENT

PENALTY

Leaving the scooter outside the area during the period of use

The rental shall remain effective without any billing limit until the Scooter is returned by the User or, if the User refuses, until the Scooter is retrieved by CITYSCOOT. In addition to the rental fee consumed until the Scooter is actually picked up by CITYSCOOT or a CITYSCOOT-authorized rescue service (made within a maximum period of 48 hours), the User will be billed for the cost of repatriating the Scooter within the CITYSCOOT Zone (or workshop) established based on the location of the Scooter:

– In nearby cities outside the zone: €100.

– Outside the Zone, outside neighbouring towns: €200.

 

Return of the scooter within 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.

Payment default:

Failure to pay amounts due to CITYSCOOT by the User

Suspension of access to the service until payment of the sums due.

+ The costs incurred by CITYSCOOT until recovery of the sums due plus interest at the legal rate in force at that time in Italy +10 percentage points shall be borne by the user.

+ a €30 management fee

Low battery outside the CITYSCOOT area

Due to negligence on the part of the User and requiring the intervention of CITYSCOOT or a technician appointed by CITYSCOOT.

Expenses incurred in returning the scooter to the CITYSCOOT zone or workshop:

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

– In neighbouring towns not included in the zone: €100.

– Elsewhere: €200.

Loss or deterioration of the helmet

Invoicing of €150 for helmet replacement and intervention costs.

Failure by the user to comply with the assistance procedure described in Article 6.3

Claim not declared by the user.

Claim not reported to CITYSCOOT within 48 hours of the occurrence of the claim.

Theft not reported to the police authorities.

Invoicing in case of Scooter repatriation, depending on the location of the scooter:

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

– In neighbouring towns not included in the zone: €100.

– Elsewhere: €200.

+ a €30 management fee

+ Immediate suspension of access to the service.

Reluctance of the user or inaccuracy of the information provided at the time of Registration for the service, which may lead to a modification of the guarantees provided in the insurance contract or prejudice suffered by CITYSCOOT.

Compensation by the user for the prejudice suffered by CITYSCOOT and/or third parties as a direct consequence of the reticence or inaccuracy of the data provided by the user when subscribing to the service.

+ €30 management fee

+ Immediate suspension of access to the service

Forcible removal of the scooter or seizure by police services due to unauthorised parking.

Charged to the last user who parked the scooter:

– €30 management fee

– Travel expenses of one of our agents or service providers assigned to collect and return the scooter: €50.

– The actual costs of storing the scooter at the depot.

– The amount of any ongoing rental until the Scooter is returned to the CITYSCOOT area or CITYSCOOT workshops.

Fines

Parking offences, dangerous driving, speeding, failure to comply with the Highway Code.

The fine will be addressed to the user in question and must be paid directly by him/her at the fine payment service.

The user will also be charged a €30 management fee.

Accident without identification of a liable third party or theft of the scooter

(In general, whenever the deductible for theft or damage may apply)

In addition to the amount of the deductible (see APPENDIX 2.2) or the sum for the return of the scooter, the user will be charged handling fees in the amount of €100, which will cover the paperwork with the insurer and the paperwork with the surveyor.

Administrative Halt due to non-compliance with the Highway Code by the User

In addition to the fine and to the handling fee of €100, the User will be charged an amount of €15 for each day of administrative detention as compensation for vehicle detention. To this, shall be added a charge of €50 for the costs of intervention by CITYSCOOT.

Non-attendance to or cancellation of a booked free driving lesson

The driving lesson can be cancelled or moved free of charge up to 48 hours before the course for which the booking was made. If the user cancels the day before or does not show up, €15 will be charged.

 

 

APPENDIX 2.2 – Summary table of applicable deductible for each guarantee

 

WARRANTIES INCLUDED

DEDUCTIBLE

Tortious (“civil”) Liability

€0

Driver’s accident

5% for permanent impairment of psycho-physical integrity

Acts of Vandalism and Natural Events

€500

Fire

€500

Theft

€500 

Other damage to the scooter not covered

€500  (outside cover)

 

APPENDIX 2.3 – Payment of the indemnity

The insurer shall pay the indemnity within thirty days after the parties reach an agreement on the amount of the claim, upon receipt of the necessary documentation.

Table for the settlement of permanent disability indemnity

The indemnity for permanent partial disability – without prejudice to the applicable deductible criteria – shall be calculated on the sum insured for permanent total disability, in proportion to the degree of disability, which shall be ascertained by reference to the values listed below.

 

Total loss, anatomical or functional, of:

Right

%

 

Left

%

an upper limb

70

 

60

a hand or forearm

60

 

50

a thumb

18

 

16

an index

14

 

12

a middle finger

8

 

6

a ring finger

8

 

6

a little finger

12

 

10

a nail phalanx of the thumb

9

 

8

a phalanx of another finger of the hand

1/3 of a finger

 

 

scapulohumeral ankylosis with the limb in a favourable position, but with immobility of the scapula

25

 

20

ankylosis of the elbow in an angle between 120° and 70° with free prone-supination

20

 

15

ankylosis of the wrist in straight extension (with free prone-supination)

10

 

8

complete paralysis of the radial nerve

35

 

30

complete ulnar nerve palsy

20

 

17

amputation of a lower limb:

 

 

 

–  above mid-thigh

 

70

 

–  below mid-thigh but above the knee

 

60

 

–  below the knee, but above the middle third of the leg

 

50

 

amputation of a foot

 

40

 

amputation of both feet

 

100

 

amputation of a big toe

 

5

 

amputation of another toe

 

1

 

amputation of the nail phalanx of the big toe

 

2,5

 

ankylosis of the hip in a favourable position

 

35

 

ankylosis of the knee in extension

 

25

 

right-angled ankylosis of the tibio-tarsus with ankylosis of the sub-astragalic

 

15

 

complete external sciatic-popliteal palsy

 

15

 

total loss of the visual faculty of one eye

 

25

 

total loss of the visual faculty of both eyes

 

100

 

complete deafness of one ear

 

10

 

complete deafness in both ears

 

40

 

unilateral absolute nasal stenosis

 

4

 

bilateral absolute nasal stenosis

 

10

 

outcomes of a displaced rib fracture

 

1

 

somatic amyelic fracture outcomes with wedge deformation of:

 

 

 

–  a cervical vertebra

 

12

 

–  a dorsal vertebra

 

5

 

–  12th dorsal

 

10

 

–  a lumbar vertebra

 

10

 

outcomes of a sacral metamer fracture

 

3

 

outcomes of fracture of a coccygeal metameter with deformed callus

 

5

 

sequelae of cervical distortion trauma with muscle contracture and limitation of head and neck movements

 

2

 

anatomical loss of a kidney

 

15

 

anatomical loss of the spleen without significant impairment of blood crasis

 

8

 

 

For impairments of the upper limbs, in the case of left-handedness, the disability percentages provided for the right side will apply to the left side and vice versa.