GENERAL CONTRACT CONDITIONS FOR THE USE OF SURF SERVICES
- TERMS AND CONDITIONS OF USE OF THE SERVICE.
1.1 This contract defines the general terms and conditions of use of the services offered by MicroMob S.r.l. (or “the Company”), with registered office in Via Refrancore, 22, Rome, Piva 16163021005.
1.2 The User is required to accept all the terms and conditions of this Rental Agreement, including exclusion of liability and release in favor of MicroMob S.r.l.
1.3 Before using the services offered by MicroMob S.r.l. through the SURF App, as part of the fairness and transparency policy that characterizes the Company, the User is invited to carefully read these “General Conditions of Contract” which regulate the use of the services offered through the SURF App.
1.4 “General Conditions of Contract” also means any note, information notice, legal notice or disclaimer published on the website www.micromob.it or on the SURF App, as well as any possible reference via links to this page or other external links.
1.5 The User, by simply accessing the App or the Site, declares to simply and unreservedly accept all the Contractual Conditions expressed here, and in any case declares to adhere individually to the separate Conditions indicated, where express request is made acceptance.
1.6 Access and navigation on the site or use of the App and related functions constitutes in any case express acceptance of these General Terms and Conditions, as well as the consequent obligation to comply with them.
1.7 These general terms and conditions expressly refer to the state and municipal legislation in force in the territory in which the circulation of the rented electrical devices takes place, the User therefore undertakes to comply with all the traffic and parking rules referred to in the reference legislation.
1.8 The User is invited to print a copy of the General Conditions for further information or for any future consultation and the same, in the event that he does not intend to accept these General Conditions, in whole or in part, or any other note, link or reference contained therein, you are invited not to use the related services offered by MicroMob Srl
1.9 In order to guarantee the security of the data and information entered by the User in the App, he is required to keep the credentials for accessing the App in a safe and inaccessible place, exempting the Company from any access or fraudulent use by anyone.
- SUBJECT OF THE SERVICES.
2.1 The services provided by MicroMob S.r.l. include, but are not limited to (1) the SURF mobile application (“SURF App”) and its website, (2) the SURF electrical devices (“Vehicle”, “Electric Device” or “Scooter”), and (3) all related equipment that may be provided, maintenance, recharging of electric vehicles, information provided or made available by MicroMob Srl
2.2 The electrical devices, the App and the website www.micromob.it are the exclusive property of MicroMob or granted for any reason whatsoever for the exclusive use of the Company. It is not permitted to disassemble, modify, repair, deface, cover or hide in any way any Electrical Device or any part of it. It is also not permitted to use any Device or service provided by MicroMob S.r.l. for advertising or commercial purposes without the written consent of the Company.
- RENTAL AND USE OF ELECTRICAL DEVICES.
3.1 The User, under his own responsibility, declares to be the only user of the rental service and to be responsible for compliance with these contractual terms and conditions, the provisions of the law and in particular the Highway Code. The User undertakes to prevent third parties from using the rented Electric Device through the User’s personal data and credentials.
3.2 The use of electric scooters is expressly prohibited by law for children under 14 years of age. The User who uses the Electric Scooter rental service, under his own responsibility, declares to be at least 14 years old.
3.3 The Electric Scooter is set in motion by pressing the acceleration control and pushing forward with one foot at the same time. The User declares to be a competent user, to be familiar with the operation of the Electrical Device and to be physically fit to use the Device. Use is prohibited for individuals with a body weight of 100 kg or more. It is advisable to adjust your driving behavior and braking distance to adapt them to all conditions and variables, including atmospheric conditions, traffic and traffic. state of the road pavement.
3.4 The coverage area of the Vehicle rental service is identified by App with the green color, it is always larger than the circulation area allowed by current legislation and therefore does not necessarily coincide with the latter. The areas identified by the App with the red color are “no parking” areas, the User therefore undertakes not to terminate the rental in these areas. The areas identified by the App with the purple color are “speed limit zone” areas, the electric scooter will automatically limit its speed to 6 km / h, in any case in these areas the User undertakes not to exceed this speed. The areas identified by the App with the yellow color are “bonus zones”, by parking in these areas the User receives a bonus. The areas identified by the App with the black color are “No-Go Zone” areas where the transit of scooters is not allowed.
3.5 The User expressly agrees to use any Electric Device hired in accordance with the provisions of the law, regulations and / or municipal ordinances and resolutions that establish the methods of use, circulation limits and parking methods for Electric Vehicles. The areas in which the circulation of electric vehicles is allowed are defined by state and municipal legislation that the user declares to know and respect. The User therefore undertakes, before starting the rental, to check which specific circulation areas are permitted in the Municipality of reference, in any case it is forbidden to circulate in the preferential lanes reserved for taxis and / or public transport. The User who, in order to reach an area where circulation is allowed, is crossing an area where circulation is prohibited, will have to push the scooter for which he has activated the rental by hand, until he reaches the permitted circulation area. In the event that the User leaves the service area, the electric scooter will automatically limit the speed to 10 km / h, the User must return to the service area within 5 minutes. Starting from the sixth minute of circulation outside the service area, a penalty equal to 20 euro cents per minute will be automatically charged in addition to the fare applied to the journey. After 5 minutes of rental outside the service area or in areas where circulation is prohibited MicroMob reserves the right to close the rental remotely, even without notice and to charge a penalty for the recovery of the vehicle Euro 20. In addition, the rental of the Device cannot end: outside the service area; in areas where circulation is prohibited; in the “no parking” areas. In any case, if the Devices are left in areas where circulation is prohibited, outside the service area or in “no parking” areas, the Company, at its sole discretion, reserves the right to charge a penalty for the recovery equal to Euro 20.
3.6 Electric scooters must be parked in the stalls reserved for cycles, mopeds and motorcycles or on the side of the road where not expressly prohibited, as long as they do not constitute a danger or hindrance, and in any case in compliance with the relevant municipal legislation, even where more restrictive. It is not allowed to park in reserved stalls such as parking spaces reserved for disabled people, law enforcement, loading unloading goods or taxis.
3.7 Under no circumstances may electric vehicles be positioned or parked in such a way as to prevent the Company from accessing them or in any case in areas that constitute private property or be loaded on private or public vehicles; in case of violation of this provision, the Company, at its sole discretion, reserves the right to charge a penalty for the recovery and for the loss resulting from the inability to access the Electric Device and rent it to other Users, equal to Euro 100 for each day of violation.
3.8 The User accepts and declares to: do not carry anyone on the rented Electric Scooter; do not carry, while using the Vehicle, briefcases, bags or other objects that hinder the ability to safely use the Electric Device; do not use any mobile phone, (unless the phone is correctly placed on a special fixed mobile phone holder on the handlebar of the electric scooter and is used only as a speedometer or for GPS navigation), portable music player and / or any other device that may distract from driving insecurity; do not use any electric vehicle under the influence of alcoholic beverages, drugs, drugs and / or any other substance that may compromise safe driving ability; do not use locking mechanisms such as: padlocks, chains, cables, etc .; do not park the Vehicle in a way that differs from that indicated in points 3.5, 3.6, 3.7 and in any case in a way that differs from that established by laws, rules and / or regulations in force. In the event of a violation of the parking regulations, the Company reserves the right to re-charge the User the amount paid as a penalty, penalty or fine. In case of violation of this article, MicroMob S.r.l. at sole discretion reserves the right to charge the User a sum up to Euro 200 for the management of payment reminders of any administrative sanctions and / or a sum up to Euro 390 for the loss incurred due to the inability to access the Device electricity and rent the same to other Users.
3.9 It is expressly forbidden to use electric vehicles for competitions, excursions on unpaved roads and for the performance of stunts of any kind (including, but not limited to, wheelies, jumps, etc.). It is expressly forbidden to use electric vehicles on behalf of third parties.
3.10 The user undertakes to take a photo at the end of the ride that fully captures the Vehicle and the surrounding environment in order to check the condition of the Vehicle after the rental and the position in which it was parked. If the photo taken by the User is not clear, clearly visible or does not fully capture the Vehicle and the surrounding environment, MicroMob S.r.l., at its sole discretion, may apply a penalty of up to Euro 20 by charging the cost directly from the wallet of the User.
3.11 The User undertakes to report any claim, accident, collision, damage, personal injury as quickly as possible in order to allow a timely check of the state of the vehicle and to ascertain the presence of any faults and / or malfunctions. If a collision occurs involving personal injury or property damage or in the event of theft of the Electrical Device, the User must immediately notify the Company (by contacting the customer service number or by sending a email indicated in the “contact” section) and order.
3.12 The User must return the Electric Device in the same condition in which it was rented. The User is responsible for any damage caused to the rented Device. The User is aware and agrees to be responsible for damage caused to any electrical device that has been damaged. The User will not be held responsible for normal wear and tear of the Devices. The User who vandalizes the Electric Device will be obliged to pay a penalty of Euro 1,200 for each vandalized Device, at the sole discretion of MicroMob S.r.l. and except for the greater damage suffered.
3.13 The User accepts and acknowledges that electrical devices may not always be available. To work, they require periodic recharging of the batteries. The User is aware of and accepts the following: The percentage of residual charge will decrease with the use of the Device based on the time and distance traveled and, with the decrease in the charge level, the speed and other operating capabilities may decrease (or cease altogether); The percentage of charge of the Device at the beginning of the rental is not guaranteed and will vary for each rental; The rate of charge loss during use of the Device is not guaranteed and will vary according to the Device, road conditions, atmospheric conditions and / or other factors; It is the responsibility of the User to check the charge level of the Device and the decision to activate the rental of a Device that is not fully charged is at the discretion of the User, who cannot therefore challenge the Company for switching off or reducing the speed of the Device before of reaching the final destination; MicroMob S.r.l. does not guarantee the distance and / or the time that any Device can be used before it completely loses its charge. The Device may discharge and stop working at any time during the rental, including before reaching your destination; After 30 minutes of inactivity (or “pause” mode) the rental will be automatically interrupted and the Electric Device will turn off automatically, without the User being able to raise any objection to the Company.
3.14 The Company may at its discretion, subject to communication to the user and / or the Municipality if provided for by the Municipal Regulations or Announcement, temporarily suspend the provision of rental services for reasons of safety, repairs, maintenance, improvement of characteristics and functionality.
4.1 Regarding the electric scooter rental service: the User who has reached the age of 18 is strongly advised to use a suitable protective helmet even if not expressly required by current legislation; it is mandatory for all Users to use a high visibility reflective vest or braces from sunset to half an hour before sunrise; in any case, the User undertakes to comply with all applicable laws and regulations (including, but not limited to, those applicable to traffic, pedestrians, car parks, stops, circulation in certain areas); without prejudice to the provisions of point i), in the event that laws, regulations and / or ordinances in force in the area where the Device is in operation require the User (even if over 18 years of age) to use a helmet, he agrees to always comply with such laws and regulations.
4.2 The User undertakes to carry out the Safety Check of the Electric Vehicle, of all its components and accessories before starting the ride. The User is therefore required to verify that the Device has no obvious damage (by way of example and not limited to: damage to the bodywork, wheels, abnormal vehicle noise, warning lights indicating the malfunction of the vehicle, etc.). In the event that the Vehicle is not suitable for use as it is damaged, the User must report the anomalies found and decide to immediately release the unusable Vehicle. The User therefore undertakes not to use the already damaged Vehicle and to immediately contact the customer service of MicroMob S.r.l.
4.3 The User who becomes aware of any defect or any other potentially risky condition on the Vehicle undertakes not to use it or to stop using it, as soon as it is safe to do so. The User undertakes to immediately report to the Company any defects or abnormal or risky conditions of the Device.
4.4 If an electrical device is not returned within 24 consecutive hours, it can be declared lost or stolen and a complaint can be lodged against the user with the local authorities. The data received electronically from the App are definitive proof of the period of use of the Device by the User. Any disappearance or theft must be reported to the Company without delay.
4.5 The User expressly acknowledges and accepts that it may be necessary to take additional security measures or precautions not specifically indicated in this Agreement and expressly acknowledges and accepts that the decision to adopt them is the sole responsibility of the User.
4.6 The User is aware and accepts that roads, cycle paths and itineraries can become dangerous due to weather conditions, traffic and / or other risks beyond the control of the Company. The Company will not be liable for any of the foregoing conditions, without limitation. The User is aware that he is solely responsible for the responsible choice of a safe itinerary, in compliance with the laws and regulations in force.
4.7 The rental of Electrical Devices is intended only for persons capable and qualified to operate the Devices, subject to acceptance of all the terms and conditions of this Agreement.
- PRICE OF SERVICES.
5.1 It is possible to use the electrical devices by paying for a single trip or according to the payment plans described in the App (Subscriptions, Packages). The amount that will be charged includes VAT. Rates are subject to change, at the sole discretion of MicroMob S.r.l., in compliance with the relevant regulatory provisions. It is necessary to enter a valid credit or debit card number and an expiration date before registering to use the rental service. The User confirms that he is authorized to use the Card provided. Once you have registered and created an account, the Electric Devices can be used by following the instructions that appear in the App. The Company will charge your credit or debit card the amount of the fares for each trip or the plan selected payment, as indicated in the App. The customer will be charged for the rental rate during the use of the service: at every minute in case of rate per minute. when purchasing the subscription or the selected package. At the end of the journey, the User will receive an email confirming the transaction with an indication of the total cost of the rental and the specification of the rental data.
5.2 The User can decide at any time to top up the virtual wallet in the App in the “My Wallet” section. Once your wallet has been reloaded, the User can decide to use the credit paid for the payment of single trips at a standard rate or for the purchase of season tickets or packages; however, it should be noted that the credit deriving from the “Bonus” top-up can only be used for the payment of journeys at standard rates and not for the purchase of season tickets or packages. Top-ups and related “Bonuses” are indicated in the App in the “My Wallet” section.
5.3 The User expressly accepts that in the event of failure of the means of payment provided, the rental will be terminated automatically and without notice. The User hereby authorizes the Company to retry – in the days following the rental – the charge of the cost of the service. The User also authorizes the Company to charge on the means of payment provided both the costs incurred by way of a fine or high penalty by third parties charged to the User and the penalties indicated in this contract. In the event that the payment method indicated by the User does not have sufficient credit for the payment of the service, the Company reserves the right to charge an amount up to Euro 100 as a commission for the processing of payment reminders and the recovery of the credit.
5.4 Promotional codes (“Discounts”) are one-time offers and can only be redeemed through the App. MicroMob reserves the right to modify or cancel Discounts at any time. Discounts are limited to one per User and per account and cannot be combined with other offers. Discounts are non-cumulative, non-transferable and cannot be resold.
5.5 The discipline of the right of withdrawal provided for by the Consumer Code applies. However, the User expressly acknowledges and accepts that, both in the case of payment of the single journey and in the case of adhesion to a subscription / package and / or advance payment by recharging the virtual wallet, if the Electric Devices are used before the expiry of the 14 days provided for by law for withdrawal, this right will lapse (and with it also the right to reimbursement of the price), according to Article 59, paragraph 1, letter a) of the Consumer Code (Legislative Decree No. 206 of 6 September 2005). If the subscription or package is canceled before use (and within the 14-day period) you will receive a full refund of the fees paid for the subscription. To exercise the right of withdrawal, it is necessary to send an email to email@example.com with a clear and express indication of wanting to withdraw from the Contract. The Company reserves the right to withdraw from the contract at any time, to block and cancel the User’s account, in the event of conduct that does not comply with the Highway Code and with state and municipal legislation on electric micro-mobility, as well as with what provided for by these General Conditions of Contract or in the case of partial or false declarations issued by the User when registering on the App and creating their profile by entering incomplete and / or false information or personal data.
5.6 If the payment for a subscription or package is canceled within the 14-day cooling-off period indicated in the previous section, the refund will be processed by the Company within 14 days of receiving notification of the cancellation. If the User receives any promotion, bonus credit, other discount or advantage at the time of payment, any refund yes will only refer to the amount actually paid. Refunds are made using the same method originally used by the User to make the purchase, unless otherwise agreed.
6.VARIATION OF THE GENERAL CONDITIONS.
6.2 In case of modification or updating of these general conditions, the User will receive specific notice when accessing the App and in order to proceed with the use of the services offered by MicroMob S.r..l. must read the contents of the General Conditions and accept any changes.
6.3 Any modification or update of the General Conditions and / or services will become effective from the moment of their publication on the Site and on the SURF App will be considered accepted by users who access and use the services offered by MicroMob S.r.l. from the moment of publication on the Site of said changes.
6.4 If the User does not intend to adhere to the changes made, he is invited not to use the services and to cancel his account.
7.DURATION OF THE CONTRACT.
7.1 Registration on the Site or the SURF App implies acceptance of these General Contract Conditions and has no term of duration, with the exception of the rental services of electrical devices which will last for the duration of the service itself.
7.2 The Company may in any case, at its sole discretion, order the cancellation of the User’s account, in the event of conduct that does not comply with the Highway Code and with state and municipal legislation on electric micro-mobility, as well as with the provisions of these General Contract.
7.3 The User may at any time cancel their account by accessing the appropriate section of the SURF App and may in the same way request that the Company cease any form of communication and sending e-mails through the specific function of the Site.
- LIMITATIONS OF COMPANY’S LIABILITY AND USER RISKS.
8.1 The User assumes all responsibilities and risks of any damage caused to things and / or people, as detailed below. The User is responsible for evaluating his driving ability depending on the weather conditions and the state of the roadway and undertakes to refrain from using the Electric Vehicle whenever such conditions make it dangerous to use.
8.2 The User is aware that he is solely responsible and assumes all responsibility and obligation for any use in contrast with these terms and conditions or with current legislation (Highway Code, laws, regulations and / or ordinances), and for any consequence, claim, claim, legal action, loss, burden, damage, injury, cost and expense, penalty, legal fee, judgment, tax (including payments of fines and / or seizure fees charged by any local government) and reimbursement of any kind or nature, whether foreseeable or unpredictable, whether known or unknown, as a result of using the rented Device. The User releases MicroMob from any civil and criminal liability for all infringements and other responsibilities related to the use of electric vehicles due to the fault of the User or third party drivers.
8.3 MicroMob is not liable for direct or indirect damages of any nature arising from the use of accessories provided by the Company, the use of which is optional and not necessary to use the electric vehicle rental service. Without prejudice to the User’s obligation to wear a protective helmet in accordance with the provisions of the law.
8.4 The User accepts and undertakes to pay any penalty, fine, tax, penalty, fine for seizure and / or other charges incurred by the Company, as a result of improper parking of any Electrical Device or as a result of a violation of any law, rule, regulation and ordinance when using the Device. MicroMob S.r.l. will promptly charge the User – who accepts and agrees as of now – of any advance amounts for the payment of penalties, fines, penalties, fines; the penalties, fines, penalties, fines will be charged to the User who at the time of the infringement was found to be using the Vehicle subject to the sanction or whose behavior in the use and / or release of the Vehicle led to the application of the sanction. The sums charged will eventually be increased by an amount up to Euro 200 due for the management of payment reminders and / or the practice of recovering the sums advanced by MicroMob S.r.l. and / or an additional amount up to Euro 390, in the event of an administrative detention or seizure of the Device, for the loss incurred due to the inability to access the Electrical Device and rent the same to other Users. Financial penalties will be applied.
8.5 The User is responsible for any damage caused to the rented Device. The User is aware and agrees to be responsible for damage caused to any electrical device that has been damaged and / or vandalized. The User who vandalizes the Electric Device will be obliged to pay a penalty of up to EUR 1,200 for each vandalized Device, at the sole discretion of MicroMob S.r.l., subject to greater damage.
8.6 MicroMob is not liable for damage to goods owned by the User (e.g. mobile phone, bag, clothing, etc.) caused by negligence of the same in using the rented vehicle and / or by failing to check safety of the vehicle and all its components and accessories before starting the rental.
8.7 Any liability of MicroMob that does not derive from willful misconduct or gross negligence is excluded, the Company is liable only if by law its liability cannot be limited or excluded.
8.8 The User in any case expressly exempts MicroMob from any liability for any damages of any nature suffered by the User and / or by third parties in relation to the use of the services referred to in this Agreement not deriving from MicroMob’s willful misconduct or gross negligence. but attributable to the User’s intent or fault.
9.1 Electric devices have R.C.T. in favor of the Users of the service with ceilings in line with the requirements of the relevant Municipal Administrations. Active insurance coverage for the electric scooter service in some municipalities is excluded for damage caused by the insured with willful misconduct or gross negligence, damage resulting from the violation of local legislation on the circulation of electric scooters. If the damage is compensated in whole or in part by the insurance company of reference, any deductible provided for by the policy will in any case be borne by the User.
- APPLICABLE LAW.
This Agreement will be governed by Italian law. The User accepts the jurisdiction of the Italian courts.
Pursuant to and for the purposes of articles. 1341-1342 and ss. C.C. as well as art. 33-34-35-36 of Legislative Decree 205/2006, the User declares to have read and understood and therefore expressly approve the following articles: 4.6 and 4.7 User Responsibility; 6 Variation of the General Conditions; 8.3 and 8.5 Limitations of liability and risks of the User; 9 Applicable law.