§1 SUBJECT MATTER OF THE CONTRACT
- Whizascoot is an electric mobility service offered by Saint Menas Ltd., a company incorporated in Malta with its registered office at UB033 San Gwann Industrial Estate, San Gwann SGN3000, Malta. Saint Menas Limited operates vehicle rentals according to the model of short-term, self-service eScooter and eKickScooter-sharing for registered customers under the brand name Whizascoot (hereinafter “Whizascoot”). We established a network of sharing electric scooters and eKickScooters (hereinafter referred to as “vehicles”) via a mobile application (hereinafter “Whizascoot App”) that allows the customer to locate, rent and operate a vehicle.
- The terms and conditions (hereinafter “T&Cs”) govern, as of their acceptance by the customer, the relationship between Saint Menas Limited as the operator of Whizascoot and the customer. The T&Cs also define the rights and obligations of the customer relating to the Whizascoot Vehicle Sharing Service.
- The T&Cs apply to the registration and the rental of a Vehicle (individual rental contract) through the Whizascoot App as well as other related legal relationships directly or indirectly. The T&Cs thus form an integral part of all contracts, agreements, offers and other legal business declarations concluded between Whizascoot and the customer. All access and use of the Whizascoot App and Vehicles imply respect for the T&Cs by the customer. The Whizascoot App and Vehicles made available to customers are provided only on the condition that the customers agree to the present T&Cs. By accepting these T&Cs upon registration or when prompted to do so when a new version of such T&Cs is pushed for approval on the Whizascoot App, a customer acknowledges that he or she has read, understood, and agreed to be bound by these T&Cs.
- “Accessories” means the helmet, vehicle documents, hygiene hair nets and other items owned by and provided to the customer by Whizascoot that are present in every Vehicle.
- “Customers” are natural persons, legal entities or partnerships that have registered themselves in a legitimate and effective manner and thus have concluded a valid framework contract with Whizascoot. Only customers are allowed to drive the Vehicles.
- “Damage Fee” is an amount of money to be charged to the Customer, less the Initial Damage Fee, for the total costs related to damages incurred to the vehicle and caused by the Customer.
- “Excess Fee” is the amount of money to be charged to the Customer in cases where a third-party launched an insurance claim against Whizascoot for damaged incurred to the third-party’s property and which damage is attributably caused by the Customer;
- “Framework Contract” refers to the agreement entered into by the customer when registering for the Whizascoot Service.
- “Individual Rental Contract” refers to the agreement accepted by the customer for each individual rental of a Vehicle.
- “Initial Damage Fee” is an amount of money to be charged without prejudice to the final cost of damage incurred to the vehicle and caused by the Customer.
- “Parking Fee” means the agreed upon fees for the temporary parking of a Vehicle as set forth in the Rate Schedule in §12 to these T&Cs, and as adjusted from time to time.
- “Prohibited Area(s)” refers to a geographical area within the Service Area defined by Whizascoot within which the customer may not terminate his/her rental. The Prohibited Areas are clearly marked on the Whizascoot App.
- “Restricted Area(s)” refers to a geographical area within the Service Area defined by Whizascoot within which the vehicle will automatically reduce speed as per provision of Legal Notice 352 of 2019.
- “Rate Schedule” means the rate schedule currently referenced at §12 of these T&Cs, and as it may be updated by Whizascoot from time to time.
- “Registration” means the registration process which must be completed on the Whizascoot App in order to become a customer of the Whizascoot Service.
- “Rental” refers to the time of use of the Vehicle by a customer. The rental starts when pressing the “Rent” button via the Whizascoot App and ends when pressing the “End” button via the Whizascoot App and/or when the Vehicle electrics are turned off whichever happens last.
- “Reservation” refers to the reservation of the Vehicle via the Whizascoot App before the start of a Rental.
- “Rental Fees” are the fees payable upon the rental of a Vehicle as set forth in the Rate Schedule §12 to these T&Cs, and as adjusted from time to time.
- “Rules Schedule” means the rules schedule currently referenced at, in Annex 2 of these T&Cs, which may be updated by Whizascoot from time to time.
- “Service Area” refers to the geographical area defined by Whizascoot within which the customer may terminate his/her rental by returning the Vehicle on a public location of choice located within this area where Vehicles are authorized to park. The service areas are visible in the Whizascoot App.
- “Service Fees Schedule” means the Service, Administrative and Other Fees currently referenced at, in Annex 1 of these T&Cs, which may be updated by Whizascoot from time to time.
- “Terminal” means Internet-enabled PCs, smartphones or tablet PCs.
- “Top box” refers to the storage space provided by Whizascoot that is located on the rear of every eScooter and is used for storing the Accessories.
- “Vehicle” refers to an electric scooter and/or and electric kick Scooter of category L1e as defined under Article 1(2)(a) of Council Directive 2002/24/EC operated by Saint Menas Limited under the brand name Whizascoot.
- “Vehicle document” refers to all the documents which are present in the top box of each eScooter: a copy of the insurance certificate, a copy of the vehicle registration document, and the joint accident report form.
- “Whizascoot App” refers to the mobile application provided by Whizascoot through which the user can access the Whizascoot Service. It serves as an access medium for the Vehicles. The Whizascoot app must be installed on a device.
- “Whizascoot Services” or “Services” refers to the services offered by Whizascoot as described in the registration (including but not limited to the means of transportation with vehicles via a short-term self-service rental model by Whizascoot) and made available through the Whizascoot App and any access through third party sites or apps.
- “Whizascoot Tracking-box” is the board computer which is located in every Vehicle.
- “Whizascoot” refers to the shared mobility business operated by Saint Menas Limited, located at UB033, San Gwann Industrial Estate, San Gwann SGN3000, Malta.
§3 INDIVIDUAL RENTAL CONTRACT AND RENTAL PERIOD
- Only properly and effectively registered customers can book a Vehicle.
- An individual rental contract is entered into as soon as the customer starts the rental process by connecting a mobile terminal with the Vehicle as per §6 and the Whizascoot Tracking-box is activated by the start of the Vehicle (releases sound and/or the lights of the Vehicle start to light).
- The rental period begins with the conclusion of the individual rental contract and ends in any case, if the customers have terminated the rental procedure according to §9.
§4 DRIVING AUTHORIZATION
- Customers of Whizascoot can only be natural persons, legal entities or partnerships who have concluded a valid framework contract with Whizascoot and are entitled to use the service according to the following criteria:
- Have attained a minimum age requested for the driving of the vehicle according to the Laws of Malta;
- Are in possession of a valid driving license to drive the vehicle in Malta, and the driving license has been issued by Malta or by another Member State of the European Union, Switzerland, Lichtenstein, Norway or Iceland, or has been accepted as an international driving license in connection with the respective national driving license, provided that they authorize the use of Vehicle in Malta.
- Is carrying the said driver’s license and fulfilling its requirements and conditions.
- Have not taken any drugs, alcohol or medications that could impair their ability to drive.
Provided that should statutorily licencing requirements for vehicles of category L1e as defined under Article 1(2)(a) of Directive 2002/24/EC change, driving authorisation for the Whizascoot Vehicles will change accordingly.
§5 BILLING ACCOUNT
- The customer must provide a payment method (debit card, credit card, apple pay, etc) and provide the associated details to register with Whizascoot and to rent, reserve and use the Vehicles. Customers may, at any time, change and adapt this information.
- The customer grants Whizascoot the right to charge the provided payment method for the registration and all rentals, as well as any other Service Fees that are invoiced to the customers in connection with the rental (such as usage charges, expenses in the event of violations of traffic rules, contractual penalties, damages incurred to the vehicle, etc.).
§6 RESERVATION, BOOKING AND RENTAL
- Whizascoot Vehicles which are displayed as “available” in the Service Area in the Whizascoot App, can be reserved for up to three five-minute intervals by selecting the available Vehicle and press “Reserve”. Whizascoot reserves the right to refuse the reservation if there are doubts about smooth handling of the vehicle. During any of the 5-minute reservation periods, the customer can cancel his/her reservation via the Whizascoot App. Upon the lapse of each 5-minute reservation interval, the Vehicle is again released for use by other customers and is marked as “Available” in the Whizascoot App
- If the reserved Vehicle is not Rented by the customer after the lapse of the third 5-minute interval, the Customer will not be allowed to Reserve and/or Rent a Vehicle for a period of thirty minutes.
- At any time during any one 5-minute interval, the Customer may opt to extend the Reservation by 15 minutes at a Fee as listed in the §12 Rate Schedule.
- The Vehicle is activated by pressing the “Rent” button in the Whizascoot App, by which the customer enters into the Individual Rental Contract and accepts the Rental Fees.
- The customer is obliged to report any vehicle material damage or missing accessories via the Whizascoot App, email ([email protected]) or by calling the Customer Engagement Centre prior to proceeding with the Rental.Examples of damages to be communicated to Whizascoot:
- Flat Tyre;
- Damage to the bodywork of the Vehicle;
- Damage to the top box and/or missing helmet/s;
- Damaged or missing mirror/s;
- Broken or bent brake handles;
- Broken Stand
- Any damage that may affect the safety of the driver when driving the vehicle.Failure to report any damage to the vehicle incurs a Service Fee as detailed in Annex 1.
- The customer is allowed to temporarily park the Vehicle both in and outside the Service Areas. However, a Vehicle can only be permanently parked and a rental can only be completely terminated inside a Service Area which is not a Prohibited Area. A Parking Fee applies should a customer wish to temporarily park a Vehicle which Parking Fee is set out in the §12 Rates Schedule.
- In the event of an irregularity in the usage process, Whizascoot may call the Customer on the contact number provided during the Registration, to determine the cause of the irregularity. If there is reason to suspect irregular conduct, Whizascoot is entitled to charge Penalties and/or prohibit the further use of the Whizascoot Service.
§7 CUSTOMER OBLIGATIONS AND RESPONSIBILITIES
- Upon registration and by accepting these T&Cs, the customer confirms that he/she has sufficient experience to drive the Vehicle as per statutory requirements of §4;
- Upon registration and by accepting the T&Cs, the customer confirms that he/she is in possession of a valid driving licence in Malta to drive the Vehicle.
- The customer is to ensure the road safety of the Vehicle before each rental through a visual inspection and testing of the brakes.
- Vehicles are only to be used in a safe state of transport and operation and the customer has to comply with all legal obligations, particularly related to road safety and traffic regulations.
- The customer is to keep personal data stored on the Whizascoot App updated at all times, particularly mobile phone number, email addresses and payment method data.
- In case of an accident, equipment failure, theft or vandalism, the customer is obliged to follow the procedure as set out in §8 of these T&Cs.
§8 REPORTING IN CASE OF ACCIDENT, DAMAGE, THEFT AND DEFECTS OF THE VEHICLE
- Accidents, damages, theft, defects and destruction of the Vehicle must be reported to the Customer Engagement Centre via the Whizascoot App or by calling (+356) 2099 5555. The Customer must provide the necessary assistance and in the case of an accident or collision, remain at the scene of the accident until directed otherwise by a Customer Engagement Representative. The following information is to be provided to Whizascoot:
- Date, time and location of incident;
- Identification of any other vehicle involved (e.g. license plate, make and model);
- Insurance information for third party vehicles involved (e.g. policy number, name, address and phone number of insurer);
- Contact information of third parties involved;
- A statement explaining the circumstances surrounding the incident;
- Photos of the damaged vehicles and accident site (where possible).
- In the event of minor accidents, the “Front to Rear Form” must be completed by the customer and the third-party driver. If serious damage was incurred by any driver or to either vehicle the Customer must call the LESA Traffic Accident Reporting Service on (+356) 2132 0202. If any person was injured in an accident involving the Vehicle, then the customer must call the Emergency Services on 112. The Customer must remain on site until the Community Officer or the Police arrive and provide all the assistance requested. The Vehicles should not be moved unless by the order of a Community or a Police Officer.
- Customers must ensure that all necessary measures to mitigate damage and to safeguard against faults are made.
- The above obligations shall not apply to the customer if he/she was removed from the scene due to incurred injuries or was excused.
- In case of theft of/from a Vehicle or vandalism by unknown third parties (parking damage, accident with driver’s hit and run) occurring during the rental period, the customer must immediately contact the Customer Engagement Centre via the Whizascoot App or call (+356) 2099 5555. The customer has to file a complaint with the Police and provide Whizascoot, within 48 hours from filing a complaint, a copy thereof by emailing [email protected].
- In the event of an accident, the rental contract is terminated only after the proper return in compliance with §9 and the usage charges are calculated accordingly.
§9 RETURNING OF VEHICLE AND TERMINATION OF RENTAL
- To return a vehicle and terminate its rental, the customer must ensure to return the vehicle within the designated Service Area or Station as the case may be. The respective service area is displayed in the Whizascoot App. Should the rental be terminated outside the service area, a Service Fee shall apply according to the Service Fees Schedule. The Vehicle is to be parked properly in accordance with the local traffic regulations. Any infringements of traffic regulations and associated traffic fines associated with the Rental are to be charged to the Customer according to the Service Fees Schedule.
- The Vehicle must be placed in such a location within the Service Area where an internet-compatible mobile phone connection can be established at the location of the Vehicle. If this is not the case, the customer must relocate the Vehicle to a position within the Service Area that complies to the above-mentioned condition.
- The rental shall not be terminated, nor the vehicle left, on private or commercial premises that are or may become inaccessible to other customers. The Vehicle must be accessible by everyone at any time after the rental period has ended. Parking the vehicle in an inaccessible location makes the Customer liable to a penalty according to the Service Fees Schedule.
- The Customer has to ensure that all vehicle documents, helmets and other Whizascoot accessories are properly stored in the top box before terminating the rental. Failure to abide by these conditions and leaving helmets not securely stored inside the Top Box makes the
- Customer liable to pay a penalty according to the Service Fees Schedule. Customers must ensure that no waste, dirt or gross contamination remains on and in the vehicle and the Top Box at the end of the rental period. Should the Vehicle and/or its Accessories be found in a soiled state, Whizascoot is entitled to charge the customer for any cleaning costs according to the Service Fees Schedule.
- The Rental is terminated by pressing the “End” button on the Whizascoot App, and switches off the Vehicle and the electrical system. If the Rental is not terminated by the customer, the rental will continue, and all charges shall be carried by the Customer. If for any reason (technical or otherwise) the rental cannot be terminated via the Whizascoot App, the customer must immediately call the Customer Engagement Centre via the Whizascoot App or by calling (+356)2099 5555. Any additional rental costs due to prolongation of the rental period as a result of technical problems will be refunded to the Customer.
- All Vehicles are insured in accordance with the Motor Vehicles (Third Party Risks) Ordinance Cap 104 of the Laws of Malta. The insurance documents can be found in the TopBox.
- Whizascoot ONLY provides third-party liability coverage for damages arising from a Customer’s use of the Vehicle if the customer complies with all rules and requirements of these T&Cs and the terms and conditions of the policy of insurance.
- The customer must comply with the requirements set out in §4 & §8 of the present T&Cs in order to benefit from Whizascoot’s third-party liability coverage.
- The cost of repair and replacement of any damage to the Vehicle attributed to the customer’s Rental Period has to be paid by the Customer in full. The Customer is fully liable for any damage caused by improper handling or operation of the Vehicle as well as due to deliberate acts.
- The Customer assumes liability for all damages and injuries caused in relation to accidents caused while he/she was driving the Vehicle when under the influence of alcohol or drugs. If the insurance company is legally obliged to pay compensation to third parties as a result of such an accident, the customer is liable to compensate the insurance company in full for all costs incurred, including legal expenses.
- For any vehicle damage attributable to the Customer or to the Customer’s Rental Period, Whizascoot is entitled to immediately charge an Initial Damage Fee as per Service Fees Schedule until the full extent of the cost of repair of the damage is determined. The Initial Damage Fee is non-refundable and is the minimum chargeable penalty for any damage attributable to the Customer’s Rental Period. Should the cost of repair be greater than the Initial Damage Fee, Whizascoot is entitled to charge the Customer a Damage Fee equivalent to the difference between the Initial Damage Fee and the final cost of the damage. Whizascoot shall provide the Customer with a detailed invoice of costs for the repair of the Vehicle in support of the Damage Fee.
- Should the Customer opt-in to the Damage Fee Waiver in the Whizascoot App, the Customer is released from any obligation to pay the Initial Damage Fee or the Damage Fee, whichever may be applicable, for the Rental for which the Damage Fee Waiver has been opted-in.
- The Customer shall be liable for all damages and injuries caused to third-parties and/or their property while he/she was driving the Vehicle and for which damages the Customer is culpable. The Customer shall indemnify Whizascoot from any third-party claim.
- In the event of a third-party claim due to an accident caused at the Customer’s own fault, the Customer’s liability shall be limited to the Insurance Excess Fee as detailed in the Service Fee Schedule.
§11 LIABILITY OF WHIZASCOOT
- Except to the extent that any loss or damage is due solely to Whizascoot’s negligence, Whizascoot shall not be liable, regardless of the legal grounds.
- The personal liability of the legal representatives, vicarious agents and employees of Whizascoot for damages caused by slight negligence is excluded.
- Whizascoot shall not be responsible for any loss of, or damage to, any goods in or on the Vehicle, including customer’s mobile device that is running the Whizascoot App, nor shall it be responsible for any loss or damage to third parties for the actions taken by any customer during the period that the customer is responsible for a Vehicle.
- Whizascoot shall not be liable for the incorrect working of the Whizascoot Service, certainly not in the event of e.g. poor or no internet coverage due to any cause (customer’s network, weather conditions, geographic location, network fallout, etc), lack of GPS signal, hardware fallout, and any event of force majeure.
- Whizascoot is not liable for indirect damages, consequential damages, lost profits, pure pecuniary losses, interest losses and losses arising from claims of third parties or against third parties that are not contractual partners.
- Insofar as no statutory or contractual limitation or limitation period applies, all claims against Whizascoot shall be forfeited if they have not been judicially recognized in writing within one year from the knowledge of the claimant of the damage or explicitly acknowledged by Whizascoot in writing.
§12 LIABILITY OF THE CUSTOMER, PENALTIES & SERVICE FEES, EXCLUSION OF USE
- The Customer is liable to Whizascoot for any damage caused by him/her or their passengers. This includes, in particular, the removal, damage or loss of the Vehicle as well as helmets and other accessories. The Customer shall also be liable for full compensation if the damage or loss of the Vehicles, or any other damage, has occurred by the fact that the Customer, passenger or third parties for whom they are responsible, are culpable for the infringement of these T&Cs or of the legal provisions or the general conditions of the Motor Vehicles Insurance (Third Party Risks) Ordinance 1947 thereby rendering the insurance protection impaired.
- In the event of a self-inflicted accident, the liability of the Customer extends to the amount of the agreed self-participation and also to the claim’s costs such as expert costs, towing costs, impairment, loss of rental costs and additional administrative costs. The limitation of liability to the amount of self-participation does not apply in the case of a mechanical damage caused by the Customer due to faulty operation, negligence or breach of §7. In the event of damage to a Vehicle, the liability of the Customer is limited to the Damage Fee, if the Vehicle was used in accordance with these T&Cs and the damage was reported immediately. In the event of damage to a third-party, the liability of the Customer is limited to the Insurance Excess Fee, if the Vehicle was used in accordance with these T&Cs and the damage was reported immediately
- The Customer shall undertake to pay a penalty, as stated in the Service Fees Schedule, if they permit a Vehicle to be driven by a third-party or if they transfer the Whizascoot App customer login data to third-parties. The assertion of further damage remains unaffected.
- The Customer agrees to indemnify Whizascoot in respect of all fines, penalties, fees, costs, procedural costs and other expenses that authorities or other third parties demand from Whizascoot due to any such violations by the Customer. The Customer is also liable for repeated and/or multiple fines for the same offence (e.g. fines for illegal or incorrect parking).
- Any costs for administrative expenses incurred in processing such claims (e.g. processing of fines, insurance claims and further correspondence for settlement) shall be charged to the Customer by way of compensation as a fixed Processing Fee per case in accordance with the Service Fees Schedule, unless the Customer is able to prove that no, or a lesser expense was incurred by Whizascoot. Whizascoot reserves its rights to claim damages from the Customer in excess of the fixed expense allowance. Such Processing Fees are non-refundable unless any fines, penalties, fees and costs have been erroneously charged by Whizascoot.
- In case of serious culpable breaches of these T&Cs, including a delay in payment, Whizascoot can temporarily or permanently exclude the customer from the vehicle use with immediate effect and block access to the Whizascoot App. The exclusion will be communicated to the customer.
§13 RATES AND PAYMENT OF REGISTRATION AND RENTAL (“RATES SCHEDULE”)
- Rental and Parking Fees
- Pre-Authorisation Process: A reversible charge of €1 is performed every time a Customer enrols a payment method. The charge is immediately cancelled in favour of the Customer. This Pre-authorization Process will reduce the Customer’s available balance by the authorization amount until it is released by the issuing Bank. The Customer should contact his/her card issuer if he/she has additional questions regarding the removal of an authorization amount from a statement. Release of the Pre-Authorisation amounts may take up to seven working days depending on the card issuer.
- Rental Fee: €0.22c (incl. VAT) per minute in the case of a Scooter and €0.16c (incl. VAT) per minute in the case of eKick-Scooters;
- Parking Fee: €0.10 (incl. VAT) per minute. When temporarily parking the Vehicle, the customer will pay a Parking Fee of €0.10 per minute until the parking period is terminated.
- Every started minute of rental and/or parking is booked and billed as a full minute.
§14 SECURITY DEPOSITS, FEES & PAYMENTS
- Security Deposit: The customer may be required to pay Whizascoot a refundable security deposit, dependent on their use, or because Whizascoot determines (at its sole discretion) that the customer, or potential customer, may present a higher risk than other potential customers.A deposit may be withdrawn from the customer’s enrolled payment method to:
- Ensure the payment of the Initial Damage Fee and/or the Insurance Excess Fee the customer is liable for in case of accident or theft with or without third party involvement;
- Ensure the payment for the use of the Whizascoot Service.
- Ensure the return of the Vehicle and the payment of damages that are the customer’s responsibility.
- Ensure the payment of penalties incurred by the customer in case of non-compliance with the customer’s obligations under the framework and rental contracts.
- Ensure the payment of all fees that may be caused by any breach of a customer’s obligations.
- Fees: The customer agrees to pay to Whizascoot the rental and parking fees and other charges and fees as set out in these T&Css. The Rates Schedule and the Service Fee Schedule shall always be available on www.whizascoot.mt and are always inclusive of VAT.
- Payment Method: Whizascoot shall ensure that the payment method provided is valid and authenticated through a Pre-Authorisation Process.
§15 CANCELLATION, TERMINATION OF THE FRAMEWORK CONTRACT
- Termination by Customer: The customer may terminate the Framework Contract (registration) and thereby the use of Whizascoot Services at any time without cause upon a two-week written notice to Whizascoot. The notice has to be sent to Whizascoot by email at [email protected] The termination of the Framework Contract by the customer can only be effective once all due amounts have been paid to Whizascoot.
- Termination by Whizascoot: Whizascoot may terminate a customer’s Framework Contract (registration) and thereby the use of Whizascoot Services at any time without cause upon one-week written notice to the customer. Whizascoot may, at any time, without notice, immediately terminate the framework contract if the customer fails to pay any sum due under these T&Cs or breaches any of the customer’s obligations under these T&Cs. Whizascoot reserves the right to terminate the Framework Contract at any time if the customer’s driver’s license is or has been discovered to be suspended, revoked, expired or invalided or if the customer is convicted of driving under the influence of drugs or alcohol, reckless driving, or driving over the speed limit.
- Suspension of Services: Whizascoot reserves the right to temporarily suspend a customer’s access to the Whizascoot Services at its sole discretion.
§16 CONFIDENTIALITY & DATA PROTECTION
- Whizascoot commits to the protection of all customer’s data and to treat all information provided to them confidentially and not to pass it on to third parties except as required by law and in order to register a claim under its insurance policy. The insurance company is entitled to process customers’ data in accordance with the law in order to meet its obligations under the insurance policy and to settle claims made by third parties against the customer or against Whizascoot.
- By entering into a Framework Contract with Whizascoot and using the Whizascoot Services, the Customer also provides Whizascoot with his/her consent to the use of personal data according to the Whizascoot Client Privacy & Data Protection Policy available on www.whizascoot.mt. When processing such information, Whizascoot complies with all of its obligations under the Maltese Data Protection Act of 2001 and the European General Data Protection Regulation (No. 2016/679) on the processing of personal data.
§17 CHANGES TO T&Cs
- Whizascoot is entitled to amend or supplement these terms and conditions at any time, in particular for future single rental contracts, unless this is not reasonable for the customer. To this end, Whizascoot notifies its customers in good time of the changes (e-mail or Whizascoot App) and publishes them on the Whizascoot website www.whizascoot.mt. The continuation of the use of the Whizascoot Service is dependent on the Customer’s consent to abide by the updated T&Cs as published from time to time. In the event of a Customer’s failure to consent to the amendment or supplement to the T&Cs, Whizascoot shall be entitled to terminate the Framework Contract with the customer with immediate effect.
§18 FINAL PROVISIONS
- The law of the Republic of Malta applies to contracts between the Customer and Whizascoot.
- If the Customer is a merchant, a legal entity under public law or has no general place of jurisdiction in Malta, Malta shall be the place of jurisdiction for disputes arising from and in connection with the Framework Agreement and/or the rental agreement. Mandatory legal jurisdictions remain unaffected.
- The Customer may only transfer claims or other rights from the above Framework Agreement to third parties with the prior written consent of Whizascoot.
§19 CUSTOMER COMPLAINTS
- Whizascoot applied a Complaints Handing Policy as published on www.whizascoot.mt. Customer may wish to lodge a complaint to Whizascoot by following the procedures outlined therein.
ANNEX 1 – SERVICE FEE SCHEDULE
|Failure to report|
(missing helmet, damage, soiling or malfunction)
|Processing Fee (non-refundable)||€10|
|Top box left unlocked/helmet left outside Top Box||€10|
|Re-Parking of Vehicle|
(illegal, obstructive or inaccessible parking; left outside Service Area)
|Service trip if customer is at fault||€25|
|Initial Damage Fee||€50|
|Vehicle Cleaning Fee||€50|
|Loss or Damage to Helmet||€75|
|Unauthorised driving and/or sharing of customer login data with unauthorised persons||€150|
|Third-Party Claims: Excess Fee||€150|
|Battery loss or destruction by manipulation||€500|
|Damage or theft of Vehicle due to customer’s violation of rental conditions (Damage Fee)||up to €2,500*|
*Depending on cost of repair. The customer will be issued with an Invoice detailing all the repairs made to justify the Damage Fee
ANNEX 2 – RULES SCHEDULE
In addition to the rules and obligations set forth in these T&Cs, customers are required to abide by the rules set forth in this Rules Schedule. By becoming a Customer, you are deemed to have accepted and agreed to abide by the rules set forth below. Failure to abide by this Rules Schedule may result in suspension or termination of your Whizascoot Service.
Who May Operate a Vehicle?
- Only customers in good standing may operate a Vehicle. Non-customers are expressly prohibited from operating a Vehicle. Subletting or re-letting of the Vehicle to another person, even to another customer, is expressly prohibited.
- Only persons over the age of 18 in the case of eScooters and 16 in the case of eKickScocoters may become a customer and may operate a vehicle.
- A maximum of two persons may ride an eScooter at a time. In the case of eKick Scooters only one person may ride.
- Customers without a valid license are prohibited from renting a vehicle.
Prohibited Uses: Whizascoot Vehicles shall not be used as follows:
- In the case of eScooters, by anyone not wearing a Helmet;
- To propel or tow any vehicle, trailer, or other object;
- To instruct any person in the operation of a vehicle;
- To ride in undesignated bicycle lanes (in the case of eScooters);
- To carry a passenger if the driving licence held by the customer does not allow it;
- To transport animals of any kind or nature, living or otherwise;
- During a race, competition or to perform stunts or tricks;
- By a customer while under the influence of drugs or alcohol;
- During the commission of a crime or other illegal activity;
- In a negligent or abusive manner or for any use outside the scope of the vehicle’s intended purpose (violating a trac law, or receiving a ticket in an accident is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred);
- By anyone who has provided Whizascoot with false information in order to become or remain a customer;
- To carry any hazardous goods or more than 20 kilograms of personal effects;
- While there is inclement weather, including heavy rain, electrical storms or strong winds, which make it more dangerous to operate the vehicle; or
- While texting, emailing, using a cell phone, or otherwise using a mobile device other than to operate the vehicle that may distract from driving safely or otherwise engaging in any activity that may be prohibited by law.
- The customer is to return the Vehicle at a public location where it is authorized to be parked and is within the designated Service Areas which can be found on the Whizascoot App.
- The customer must ensure that the Vehicle retains sufficient charge to be returned to one of the Service Areas. If the customer fails to do so, Whizascoot will apply a Service Fee as set out in Annex 1 to return the Vehicle to one of the service areas.
- Prior to operating a Vehicle, the customer is required to inspect the Vehicle for any signs of damage and must inform Whizascoot immediately if any such damage is observed via the Whizascoot App or by communicating with the Customer Engagement Centre on +356 2099 5555. If the customer fails to inform Whizascoot, he/she will be liable to pay a Service Fee as set out in Annex 1. For the customer’s own safety, the use of a vehicle is prohibited if any of the following equipment is not in good working order: tyres, brakes, lights and signals, or mirrors.
- Customers are responsible for all charges and costs incurred, and any damages, related to the Vehicle from the time a customer activates a Vehicle until it is returned and secured at its designated location in one of the service areas.
- The customer is responsible for any violations, including but not limited to traffic violations incurred, including fines for late payment and any processing fees, due to the customer’s use of a Vehicle. The customer agrees to pay for all violations incurred. Such violations must be reported to Whizascoot as soon as reasonably possible, but in any event, in advance of the deadline to respond to the notice of violation. If the customer fails to pay for any violations incurred, and Whizascoot pays such violations, the customer agrees that Whizascoot may charge the customer’s payment method on record in accordance with the agreement.
Version 1.2/ 31.05.2021 / © Saint Menas Limited, 2021