Enuu Ltd. – GENERAL TERMS AND CONDITIONS (GTC) - Biel
1. SUBJECT MATTER OF THE CONTRACT
1.1 ENUU SA (the provider) operates a system of self-service electric vehicles in a defined area. The current area can be accessed via the app.
1.2 Users can borrow the vehicles for their own personal use 24/7 in accordance with the terms and conditions described hereafter.
1.3 The purpose of the following general terms and conditions (GTC) is to govern the relationship between the users and the provider as well as to define the conditions of access and use of the service.
1.4 Access and use of the service are submitted to the full acceptance of and compliance with the GTC. The use of the service constitutes full acceptance of the GTC by the user.
2. CONDITIONS FOR REGISTRATION
2.1 Access to the service is limited to users of at least 18 years of age at the time of registration.
2.2 Access to the service is limited to users able to use it in a competent matter, that is, who know how to use the vehicle and who are physically and psychologically able to do so.
2.3 Driving the vehicles is subject to owning a driving license of category M.
2.4 Use of the service is limited to holders of a valid identity card.
3. REGISTRATION PROCEDURE
3.1 Registration is made via the app. In order to register, the user has to submit a copy of his/her:
3.2 The information supplied must be true, exact and complete. Any change regarding the information (i.e. withdrawing of driving license), must be transmitted without delay to the provider.
3.3 If the provider has any doubts about the accuracy, completeness or reliability of the information supplied, the account will be suspended and, should the doubts prove to be well founded, terminated.
4.1 The user books the vehicle via the ENUU smartphone app.
4.2 The booking is available for a period of 15 minutes after which it is automatically cancelled if the user has not accessed and activated the vehicle.
5. FUNCTIONING OF THE SERVICE
5.1 The vehicles are made available to users for their own personal use 24/7.
5.2 The service is only available in the area shown on the map. Access to any other area is strictly prohibited.
5.3 The user shall park the borrowed vehicles correctly on the bicycles or bicycles/motorcycles parking spaces located within the area of use.
5.4 The duration of use is counted from the beginning of the rental until the return of the vehicle.
6.1 The unlock of the vehicle is charged CHF 0.9.
6.2 Every minute of use is charged CHF 0.2 (also applies when the vehicle is not in motion).
6.3 The user receives 3 x 10 minutes of free use every day in the first two weeks following registration (unlock included).
6.4 The user can cancel any ride free of charge if this is done within the first minute following the booking.
7. USE OF THE VEHICLE
7.1 Only the user who has personally subscribed to the service is allowed to rent the vehicle for private use. The vehicle shall in no case be made available to a third party.
7.2 The user is responsible for any activity pursued via his/her account. Any unauthorized use must be reported immediately to the provider.
7.3 During the duration of use, the user is bound to comply with current legislation, including the traffic regulations and the relating ordinances.
7.4 The fines imposed for offenses committed by the user as well as the related fees are at the expense of the user.
7.5 The provider is authorized to charge the amount of the fines imposed for the committed offenses as well as the related fees on the means of payment made available by the user. The charge is deemed approved if the user does not contest it in writing within 30 days.
7.6 Any infringement of the law committed by the user will be reported to the competent authorities.
7.7 The provider is informed by the police of any infringement of the law committed by the user. The provider communicates the name, address, date of birth, and place of origin of the user in question to the police. The user is liable for all financial and legal consequences.
7.8 The provider reserves the right to take any measure he may deem necessary and adapted to preserve his interest in case of any possible third party claim that may arise as a result of the user’s behavior.
7.9 It is strictly prohibited to carry passengers or animals in the vehicles.
7.10 It is strictly prohibited to smoke in the vehicles.
7.11 The vehicles must be correctly used, with proper care, on suitable roads, and safely (e.g. in suitable weather conditions).
7.12 The luggage carrier is designed to transport a maximum payload of 20 kg. It is forbidden to carry a person or an animal on the luggage carrier.
8. RESTRICTIONS OF USE
8.1 The user commits him-/herself to not abuse or misuse the vehicle, such as by:
carrying goods or persons onboard the vehicles in return for payment.
taking part in any vehicle racing.
carrying hazardous materials or substances.
committing unlawful acts.
9. RETURN OF THE VEHICLE
9.1 The vehicle must be returned in perfect condition and properly parked.
9.2 The user is responsible for keeping the vehicle clean. Should this provision not be respected, the vehicle will be cleaned at the expense of the user.
9.3 Should a vehicle not be returned in the defined area and/or parked in an authorized parking space, it will be moved at the expense of the user who will be banned from using the service.
9.4 The user must inform the provider of any damage and/or mechanical problem without delay.
9.5 To end the ride, the parking brake must be engaged and the door closed.
9.6 The provider is in no case responsible for any items forgotten or stolen in the vehicle.
10. CUSTOMER SERVICE
10.1 Our customer service is available by phone from Monday to Sunday from 7:00 am to 7:00 pm, and 24/7 via e-mail at or via the app in French, German or English.
11. AVAILABILITY OF THE OFFER
11.1 The provider does not guarantee the availability of a vehicle for the user.
11.2 The provider is in no case liable for any perturbation or default of the offer and their consequences.
11.3 The provider reserves the right to cease providing or to suspend, at any time, all or part of the services.
11.4 The provider is entitled to modify, limit, or refuse access and use of the service to the user or potential user at any time and without giving any prior notice or reason. No recourse is possible against the decision of the provider.
12. DAMAGES, ACCIDENTS AND THEFFT
12.1 The user is bound to verify that the vehicle is in perfect condition before using it. If this is not the case, he/she shall not use it and shall immediately inform the provider of the damage. Should the damage be noticed during use, the user must stop the ride and inform the provider without delay. Should this not be done, the user can be held liable for the damage.
12.2 In the event of a breakdown, the user must immediately inform the provider.
12.3 In the event of an accident or another particular event such as theft, loss, or collision, the user is bound to inform the provider without delay. A police report is mandatory. The provider reserves the right to charge the costs related to the incident to the user.
13.1 When using the vehicle in a way that does not comply with the law or the GTC, the user is liable for any damage resulting from his/her negligence, even if non-culpable. The consequences arising from the damage such as towing, costs of expertise, rental loss, layers’ fees, administrative and legal costs, can be partially or completely charged to the user.
13.2 Should the user use the vehicle without complying with the law or the GTC, the provider is authorized to charge to him/her the amount of the fees connected to the eventual damages he/she has caused on the means of payment he/she has made available. The charge is deemed approved if the user does not contest it in writing within 30 days.
13.3 The user is responsible for the consequences of any violation of the traffic regulations and of the relating ordinances that he/she may commit while using the vehicle.
13.4 The provider is in no case liable for any damage suffered by the user, whether they be directly or indirectly connected to the present contract. The provider is only liable for damages caused by gross negligence or willful misconduct on his part.
14.1 The use of the vehicle is at the user’s own risk.
14.2 The user attests that he/she is insured against accidents and that he/she has concluded the private liability insurance or private household insurance with an extension of RC required to drive the vehicle.
14.3 A deposit of CHF 30 is taken at the time of registration.
14.4 In case of an accident, the 200 CHF partial casco insurance deductible is at the expense of the user.
14.5 The partial casco insurance of the vehicles is effective only when the vehicle is used in accordance with the general terms and conditions and with the applicable law.
15. DATA PROTECTION
15.1 The processing and management of the user’s personal data are in accordance with the Swiss law on data protection. The provider has the right to process personal data, establish corresponding database, and communicate personal data, for purposes of the conclusion of the contract and the termination of contractual services.
16. FINAL PROVISIONS
16.1 The provider reserves the right to modify at any time the present GTC. Any modification or revision comes into force directly. The use of the service implies a tacit approval of the contract potential amendments and revisions.
16.2 Should any provision of the present commercial conditions be held by a competent judge to be void, unlawful or unenforceable, the remainder of these terms and conditions shall remain legal, valid and binding, as long as the economic substance and judicial value of the operations planned by these provisions comply with the initial intention of the parties.
16.3 The present general terms and conditions are governed by the Swiss law and must therefore be applicated and interpreted according to this law. Any dispute connected to or in relation with these present general terms and conditions shall come under the tribunals of Biel, that have exclusive jurisdiction.