Terms and Conditions

 

The following terms and conditions shall apply in all matters between Customers and

E-SCOOTY, prodaja in oddaja skirojev, d.o.o., Gorazdova ulica 4, Ljubljana, registered at the District Court of Ljubljana under Registration Number 8423857000 (hereinafter: the Owner)

The Owner provides rental services of electric scooters (hereinafter: Vehicle(s)) in Ljubljana, Slovenia.

By making use of the rental services, the Customer agrees to comply and be legally bound by these terms and conditions.

Definitions

“Customer” means the person making the Booking.

“Rider” means the person who uses a Vehicle.

“Booking” means any Rental of one or more Vehicles by committing to pay and authorizing the security deposit.

“Rental period” means the period of rental agreed between the Owner and the Customer.

“Rental spot” means the place, where the Owner delivers the Vehicle to. Unless otherwise expressly agreed, that means a hotel or another address in Ljubljana where the Customer and/or other Riders stay overnight.

1. BOOKING AND PAYMENT

• The Booking shall be made via the Owner’s website. Exceptionally, it may also be made personally through a contact with the Owner’s representative.
• A Booking may consist of one or more Vehicles and may be made for the Customer himself/herself and/or other Riders.
• The Customer agrees to pay the Rental fee for any Bookings made via the Owner’s website. The Customer hereby authorizes the collection of such Rental fee by charging the Rider’s payment card either directly by the Owner or indirectly through a 3rd party payment processor of the Owner.
• The prices are shown before the Booking.
• Upon Booking confirmation, the Owner will authorize (but not charge) the payment of the security deposit in the amount of 200 EUR per Vehicle. The Customer hereby authorizes the Owner to place a hold on the Customer’s credit card in the aforementioned amount of 200 EUR per Vehicle.

Cancellation

• In accordance with the applicable consumer protection law, the Customer has the right to cancel a purchase made online within 14 days from the day you ordered the service. The Customer is entitled to cancel a Booking made until the Owner delivers the Vehicle to the Rental spot. In that event, the Customer is fully refunded.
• The Customer must provide any notice of cancellation in writing to the Owner.
• The Customers waives his/her cancellation right, when the Owner delivers the Vehicle to the Rental spot. At that time, the Owner is deemed to have fulfilled its obligations in accordance with Art. 43.č (5)(4) of the Slovenia Consumer Protection Act.

Availability

• The availability of Vehicles depends on the available capacities of the Owner. Thus, the Owner does not guarantee the availability of the booked Vehicles in any case.
• if a Vehicle booked is not available in the Rental spot for whatever reason, the Customer shall be fully refunded for the payments already made.

2. DELIVERY AND RETURN OF THE VEHICLES

 

• The Owner shall deliver the agreed number of rented Vehicles directly to the Rental spot. Unless expressly agreed otherwise, the Owner shall deliver the Vehicle(s) to the Rental spot on the eve (the day before the agreed date) of the beginning of the Rental period between 20.00 (8 PM) and 22.30 (10.30 PM).
• If the Vehicle is delivered to and accepted by the hotel staff of the Rental spot, the Owner is deemed to have performed its obligations towards the Customer pursuant to rental services agreement and these Terms and Conditions.
• Unless expressly agreed otherwise, the Customer shall ensure that the rented Vehicles are delivered back to the Rental spot no later than 20.30 (8.30 PM) on the last day of the Rental period. By returning the Vehicle to the Rental spot, the Rental period is deemed finished.

 

3. USE OF THE VEHICLES

• The Customer shall ensure that herself/himself as well as other Riders are aware of and comply with these Terms and Conditions as well as applicable national legislation on traffic rules applicable to the electric scooter riding.
• The Vehicle is intended for a maximum weight of 110 kg. Usage outside these ranges may increase risks of accidents or inconvenience. The use of the same Vehicle by two persons at the same time is not allowed.
• A Rider is at all times obligated to use the Vehicle in an appropriate, legitimate and justifiable fashion.
• When leaving the Vehicle unattended, the Customer and/or another Rider shall ensure that the Vehicle is locked correctly with a provided lock, which had been delivered together with a Vehicle.

 

4. DEFECTS AND DAMAGES ON THE VEHICLE

 

• Prior to the ride, the Customer or the Rider shall examine the Vehicle to identify any visible defects or damages, including – but not limited to – tires and lights, brakes, handlebar etc.
• If a defect or damage on the Vehicle is identified by the Customer or Rider and if the Vehicle is unusable because of the defect or damage, the Customer or the Rider shall report the damage immediately to the Owner and to the hotel staff at the Rental spot. In that case, the Customer or the Rider is entitled to the replacement of the defective Vehicle. If another Vehicle is not available, the Customer shall be fully refunded.

 

5. LIABILITY OF THE CUSTOMER AND THE RIDER(S)

• During the use of rental services, the Customer is fully responsible for the Booking including – but not limited to – the compliance with the traffic rules and these Terms and Conditions of all Riders under the same Booking. The Customer acknowledges to be responsible for his/her own and all other Riders’ acts and omissions under the same Booking. Consequently, the Owner is not responsible for the use of the Vehicles and shall have no liability in case a Rider is involved in any accident and sustain any damages or injuries as a consequence thereof.
• The Customer is liable for any defects or damages on the Vehicles or any other accompanying equipment such as locks or helmets during the use of rental services, when such damage or defect is a consequence of the Customer’s or any other Rider’s negligent use, intentional actions or omissions or use in conflict with these Terms and Conditions. The Customer will be charged for damages to frame or wheels of the Vehicle that can be associated with misbehaviour of the Customer or any other Rider.
• The Owner is not liable for any damage or injury suffered by Customer, any other Rider or any third person, in any accident or other event in which the Vehicle(s) took place, unless the cause for such damage arose directly from the defect in the Vehicle in accordance with the statutory product liability provisions.
• The Rider is liable for any damages or injuries sustained by himself/herself, the third person, the Customer or any other Rider, when such damage or injury is a consequence of the use of the Vehicle. The Owner does not have any objective liability pursuant to the applicable tort law of Slovenia during the use of the rental services in the Rental period. Thus, the Rider or any other person in control of the Vehicle at the time of the accident is deemed objectively liable for such damages or injuries.
• In case of any damage on or loss of the Vehicle or any accompanying equipment, the Owner is entitled to deduct the following charges from the security deposit of the Customer:
  • completely damaged or destroyed Vehicle: 200 EUR
  • lost or stolen Vehicle: 200 EUR
  • damages to frame: 60 EUR
  • damaged brakes: 30 EUR
  • damaged wheel/tyre: 20 EUR
  • lost helmet: 10 EUR
  • lost lock: 10 EUR

6. DATA PRIVACY

• The Owner only obtains and processes personal data of the Customer required for the performance of the rental services and personal data required for the performance of payment. By clicking the box on the Owner’s website, the Customer expressly agrees to the processing of personal data in accordance with the national and European legislation on the personal data processing, including, but not limited to the General Data Protection Regulation (GDPR).

7. TERMINATION

• If the Customer breaches the Terms and Conditions, the Owner is entitled to terminate the use of the rental services.
• In case of such termination, the Customer is not entitled to demand reimbursement for the paid rental fee.

8. DISCLAIMER AND E-SCOOTY’S LIMITATION OF LIABILITY

• E-SCOOTY d.o.o. is liable in accordance with applicable law, with the following limitations:

• E-SCOOTY o.o. shall not be held liable for any indirect or consequential losses. E-SCOOTY d.o.o. can neither be held liable towards the Customer and/or any third parties for Customer’s or Riders’ use of the rental services and use or rental of Vehicles;
• The rental services are provided on an “as is” and “as available”-basis without warranty of any kind, either express or implied. Without limitations to the foregoing, E-SCOOTY o.o. explicitly disclaims any warranty of merchantability, fitness for a purpose or non-infringement. Furthermore, E-SCOOTY d.o.o. makes no warranty that the services will meet the Rider’s requirements or be available on an error-free basis;
• E-SCOOTY o.o. shall not be held liable for any service interruptions due to system failures of the Website and/or other parts of the digital and electronic rental service system or any situation outside E-SCOOTY’s reasonable control (force majeure);
• With respect to damages on goods and persons due to defects on Vehicles, E-SCOOTY o.o. shall be liable only if and to the extent such liability follows from mandatory product liability rules (“Product Liability”).

9. CHOICE OF LAW AND VENUE

• These Terms and Conditions and any disputes concerning the Customer’s use of the rental services or the Owner’s website shall be governed by and construed in accordance with the laws of the Republic of Slovenia.
• Any dispute arising out of or concerning these Terms and Conditions and any disputes concerning the use of the rental services or the Owner’s website shall be settled amicably and in good faith between the contracting parties.
• The European Commission has an online portal in case you would like to submit a claim. This is particularly relevant if you are living in another EU country. Complaints can be submitted at http://ec.europa.eu/odr
• If an amicable solution or settlement fails, any legal action should be brought exclusively before the courts of the Republic of Slovenia.