TERMS AND CONDITIONS REGARDING SCOOTER RENTAL

 

THE TERMS AND CONDITIONS below represent the AGREEMENT between you (LESSEE) and ART-STEEL TECHNOLOGIES SRL based in Craiova, Str. Locomotivei, no. 1, Dolj County, hereinafter referred to as E-Twow, as OWNER – LESSOR/LESSOR.

 

  1. OBJECT

The purpose of this Agreement is for E-twow to make available to you the electric vehicles (“Scooter”/”Scooters”), in exchange for the payment of a rent, under the rental program called “E-TWOW EasyRental”. (Application) “E-TWOW EasyRental” (“Service”) has the following features:

  • E-twow provides you with a certain number of scooters, their type and characteristics being mentioned in the computer Application dedicated to the administration of the program, Application called “E-TWOW EasyRental”.
  • In order to benefit from the rental services provided by this Agreement, you must request the creation of an account in the computer application dedicated to the administration of rental services, an application provided by E-twow (“Application”). The Application is available on the Internet, in the PlayStore portals for the Android operating system and the AppStore for the iOS operating system, accessible for mobile terminals.
  • To this purpose, you will access one of the two portals, you will follow the registration instructions by filling in all the data necessary to create a User Account. By this action, you consent to your data being used for the purpose of using the Application and accessing the Program.
  • Once connected, you will be able to view in the Application the Scooters that are part of the Program, the available rental periods and the prices related to their rental.
  • If you want to rent a specific Scooter, you will need to request a booking (“Request”) in the Application, specifying the Scooter you want to rent and the rental period (“Rental Period”) The Rental Period may be minimum 1 day.
  • If the Scooter mentioned in the Request is available in the Rental Period specified by you, you will receive an e-mail confirmation of the reservation (“Confirmation”). The confirmation will mention at least the following: Scooter rented, Rental Period, estimated rent.
  • Upon receipt of the Confirmation, a lease agreement (“Lease Agreement”) is considered concluded for the Scooter and the Rental Period mentioned in the Confirmation. Each Lease Agreement is subject to the terms and conditions of this Framework Agreement (agreement).
  • You understand that, given the nature of the Program, namely the fact that the Scooters are intended for use at different times by multiple Users, T-twow does not guarantee the availability of any and / or all Scooters in any time period you want, their availability being visible in the Application. Also, this Agreement applies only to the types of Scooters that are part of the Program, their number and type (characteristics) being limited.
  • Subject to the issuance by E-twow of the Confirmation, you will be able to pick up the Scooter at the date and time mentioned in the Confirmation from the location indicated in the Application. The entry into possession of the Scooter will be made in compliance with the commercial and legal provisions.
  • The Scooter is the property of E-twow and will remain its property for as long as the Scooter is used by you.
  • E-twow will be able to modify its commercial offer, respectively the Scooters that are part of the Program, the types of tariffs and their amount, updating this information in the Application. For these changes it is not necessary to conclude an additional act to this Agreement. The modifications of the commercial offer will be applied only to the Lease Agreements concluded after their entry into force (their publication in the Application), you being free to decide if you want to rent the Scooters in the new conditions or not. In any case, you understand that any Request may be made only in the commercial conditions that are part of the E-twow offer at the time of booking, as mentioned in the App.. The conclusion of this Framework Agreement does not oblige you to conclude the Leases or a certain number of Leases, you being free to decide if you want to benefit from the E-twow commercial offer valid at some point in the Application.
  • If after receiving a Confirmation, you travel to pick up the Scooter and find that it is not available for any reason (including technical reasons), you will immediately notify E-twow and you will not owe the rent related to that Confirmation. E-twow will not be liable for other direct or indirect damages due to the unavailability of the Scooter. You can also signal the lack of availability of a scooter in the App.
  • Scooters can be used only inside Romania’s borders.

You and E-Twow are the only parties to this agreement. You are the sole user of the Services and are therefore solely responsible for complying with all terms and conditions set forth in this Agreement. You must not allow other people to use the Scooter.

  • Affirm and certify that you are at least 14 years old.
  • State and certify that you wear a safety helmet if you are between the ages of 14 and 16 when traveling on the roadway of a public road.
  • Affirm and agree to use the Scooter on the bike path if the road is provided with such a track. In the absence of this track, the movement of electric scooters is allowed only on road sections where the maximum speed allowed for vehicular traffic is 50 km / h.
  • You hereby state and certify that you are physically fit and reasonably competent to use the scooter. You assume all responsibilities and risks for any medical injury or trauma when you choose to use the scooter.
  • You are solely responsible for determining your general ability, medical condition, weather conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms and / or other factors that may cause any risk of use a scooter. Understand that, depending on the weather, traffic or any other circumstance, uncertainty or other factors, you need to adjust, adjust and calculate your speed, driving behaviour and braking distance.
  • Acknowledge that you are performing a basic scooter safety check, including an inspection of the wheels, brakes, lights, frame, battery level, a check for visible damage, and any unusual or excessive use of any kind. You agree not to use the Scooter if there are visible problems and to notify E-Twow immediately.

 

  1. DURATION. RENTAL PERIOD
  • This Framework Agreement is valid until terminated in writing by either Party.
  • The Rental Period corresponding to each Lease Agreement is expressed in days and is provided in each Confirmation issued and communicated by your E-twow based on its Request. The Rental Period begins to run and ends at the date and time mentioned in the Confirmation. You understand and agree that, once you have submitted a Request that has been accepted by issuing the Confirmation, you owe the amounts representing the rent for the entire Rental Period, whether or not you use the Scooter or use it for a shorter period.
  • At the end of each Rental Period, you will return the Scooter, at the date and time mentioned in the Confirmation, at the location where you picked up the Scooter.
  • If, at the end of the Rental Period, you do not return on time (on the day and time mentioned in the Confirmation) Scooter, the additional charge will be with the minimum possible package rate, even if you have exceeded the rental period by only 1 (one) hour, even though you have used the Scooter for a shorter period of time than the agreed Rental Period. You understand that by not returning the Scooter on time, you prevent its use by other people participating in the Program, thus harming the E-twow. In order to avoid any doubt, you declare that, in this case, the provisions of art. 1810 of the Civil Code regarding the tacit relocation do not become applicable and it will not be considered that a new lease period has started to run.
  • At the expiration of the Rental Period, the Lease Agreement related to each Scooter rented for the respective Rental Period terminates by right under the conditions of art. 1809 of the Civil Code.

 

  1. AMOUNT OF RENT
  • For Rental Periods under the Agreement, on the date of issuance of the Scooter Confirmation and Rental Period, E-Twow will charge the agreed amount of rent described in this agreement or Application from the credit card, debit card or other agreed payment methods in exchange for use of the Scooter / Scooters.
  • E-twow will issue the invoice for the rentals due to you for the period mentioned in paragraph (1) above and will send this invoice to you when you show up to return the rented scooter.
  • The amounts related to the Lease Agreements will be automatically withdrawn from the User’s Account, according to the agreement expressed by providing the Debit / Credit Card data related to the User’s Account. You declare that you agree with the payment mechanism mentioned above, respectively you express your consent for E-twow to withhold the amounts related to rents from your debit / credit card in order to cover the amounts due by you to E-twow based on Lease Agreements. You agree that the same payment mechanism will be applied in the case of other amounts owed by you to E-twow under this Agreement (e.g. damage to the Scooter not covered by the insurance policies, etc.).
  • Payment is considered made at the time of crediting the E-twow bank account.
  • The rent related to each individual Scooter and to each Rental Period will be in accordance with the value of the rent for the reserved period, subject to VAT according to the legal provisions in force. You will be able to view at any time in the Application information regarding the services used during the billing period (Rental Periods) and the related amounts.

 

  1. RIGHTS AND OBLIGATIONS
    • E-twow has the following obligations:
  • It will make the Scooter available to you, in normal technical condition for use and at the term and location established in the Confirmation. The entry into possession of the Scooter, as a tenant, will be considered made at the date and time mentioned in the Confirmation, without any other formality.
  • To ensure the safe use of the Scooter.
  • To keep the Scooter in normal use / useful condition.
  • E-twow is not liable for any damage suffered by you, for any other material or personal damage caused during the use of the Scooter.
    • E-twow has the following rights:
  • to collect the amounts due to the use of Scooters;
  • to check at any time the condition of the Scooter;
  • to exercise the rights provided in art. 6 par. (1) in case you delay the timely payment of the “Scooter rent”, with no more than 2 calendar days from the due date.
  • to terminate this Agreement and to stop the access to the Lessee’s App in case the Lessee violates the obligations regarding the use / use of the Scooter;
  • to invoice / collect additionally, as damages (expenses for the Restoration of the Initial Condition of the Scooter), if the returned Scooter shows signs of wear other than those determined by normal wear and tear for a Scooter used for a period equal to the rental period (unlimited listing: shows signs of wear / scratches, etc.);
  • to alienate the Scooter during the rental period to any third party, respecting your rights under the conditions provided in art. 1811 of the Civil Code.
    • You have the following rights and obligations:
  • to take possession of the Scooter, as LESSEE, on the date indicated in the Confirmation;
  • to wear a helmet, if you are between 14 and 16 years old, during the entire period of using the Scooter;
  • to pay to E-twow (owner-lessor) the amounts due according to the Lease Agreements;
  • to return the Scooter at the end of the Rental Period, in the condition in which it was handed over to you, except for the normal wear and tear due to the use, according to this Agreement and the related Lease Agreement;
  • If, following the verification of the Scooter, it is found that you have modified the property or changed its destination or used the Scooter so that you have caused damage to E-twow, the latter may claim damages and, if necessary, termination of the Agreement. If you refuse to return the Scooter to E-twow, it may make a request to the prosecutor’s office in this regard;
  • to use the Scooter according to its destination and the rules of use provided for the Scooter, applicable to this legal report, as provided in the technical documentation of the manufacturer and in the instructions for use, which you declare that you have read;
  • to bear all the expenses related to the use of the Scooter during the period of validity of the Lease Agreement, as for example non-limiting: the costs of charging with electricity, fines, etc.;
  • to bear any costs to cover any damage caused to E-twow or any third party.
  • to bear the costs of any repairs that may be necessary during the term of a Lease, regardless of value, if they are not covered by the manufacturer’s warranty and are caused by improper use during the Rental Period;
  • to bear the damage, additionally invoiced by E-twow as the returned scooter shows signs of improper use.
  • you may not make additions / improvements to the Scooter without the prior consent of E-twow. However, if the additions have been made without the prior consent of E-twow, it has the right to ask you to bring the property to its original condition, to pay compensation for any damage caused by you or may keep the improvements without being obliged to compensate you for them;
  • to communicate E-twow immediately about any accident;
  • to communicate to E-twow any disturbance that may affect the right of ownership / use and take urgent measures imposed by the situation;
  • do not transfer in whole or in part the rights and obligations resulting from this Agreement, do not conclude a sublease and do not otherwise transfer the use of the Scooter to a third party, without the prior consent of E-twow;
  • you will bear any costs and / or expenses based on the minutes of finding the contraventions or based on any administrative act or any document that would oblige E-twow, as the owner of the Scooters, to pay a fine, delay increases, penalties or any other payment obligations born during the use of the Scooters by you. Their equivalent value will be paid by you according to the payment mechanism agreed in this Agreement. Failure to pay the amounts due on time gives E-twow the right to terminate this Agreement and any Lease Agreements in progress by a simple notification addressed to you, without delay and without fulfilling any other formality.
  • to comply with the provisions of this Agreement, of the annexes to it if any and of the Confirmation, including those regarding the possession of the Scooter and its return.
  • to keep the password of your account created in the App safe and immediately report to E-twow any suspicions regarding the unauthorized or fraudulent use of your account in the Application as well as those related to the compromise of the password secret for the Application. E-twow is not responsible for any damage caused to you as a result of unauthorized or fraudulent use of your account, including as a result of its non-compliance with the obligation to keep the password for the Application safe or confidential. reporting any suspicion of compromising its confidentiality.
  • to keep the charger provided by E-twow safe. You will fully reimburse E-twow for any damage caused to it by improper use.

 

  1. RESOLUTIVE CLAUSE AND UNILATERAL TERMINATION PACT
  • E-twow may consider the Agreement and any Lease Agreement terminated by right, without notice or delay, the latter resulting from the mere fact of non-performance, and without the intervention of courts or arbitral tribunals and without fulfilling any other formalities, in case you violate your obligations provided in art. 2 par. (4), art. 3 par. (3), art. 4.2 to 3) and 4), art.4.3. letters 3), 4), 5), 6), 7), 8), 9), 10), 11), 12), 13, 14), 15), 16), 17), 18) of this Agreement.
  • E-twow may terminate the Agreement and any Lease Agreement under the same conditions as in the previous paragraph if you transfer the use of the Scooter to a third party without the prior consent of E-twow.
  • You will be able to unilaterally terminate the Agreement, by a simple notification sent 30 calendar days before the date from which the termination takes effect and without any other formality or the intervention of the courts, in case E-twow violates the obligations in this Agreement.
  • You are rightfully in delay by the simple fact of non-performance of all and any obligation assumed by this Agreement and by the Lease Agreements, without the need to fulfil any other formality by E-twow (eg: notification, summons, placement running late).
  • Without prejudice to the provisions of paragraph (4) above and other cases provided by law in which you are legally in arrears, if, under this Agreement, Leases or the law, You must perform a certain obligation (including, but not limited to the payment of any amount of money) within a certain period, you are rightly late by simply fulfilling the term, without the need to fulfill any other formality by E-twow (eg: notification, summons, delay).
  • Any notification, letter, address, summons or other similar communication sent to you by E-twow and by which it is intended to fulfill a certain obligation, may not be considered as a derogation from the provisions of paragraphs (4 ) and (5) of this article, regarding your situation of being legally in arrears by the simple non-execution of the obligation and / or a waiver of E-twow to the rights, benefits and effects of such a situation.
  • Thus, these communications may be made by E-twow for information purposes or in the exercise of its right to request, at its sole discretion, the exact execution of the obligation by you and the continuation of the Agreement and / or Lease Agreements. They will also have the value of delay only in cases where the law does not recognize that you are not legally in arrears, based on paragraphs (4) and (5) above, regarding your non-performance. of a certain specific obligation provided by this Agreement, by the Lease Agreements or by law.

 

  1. TERMINATION OF THE AGREEMENT. TERMINATION OF THE LEASE AGREEMENT AND OF THE RENTAL PERIOD
    • This Agreement terminates in the following situations:
  • the agreement of the parties recorded in an Additional Act;
  • expiration of the term for which it was concluded;
  • in the cases listed in art. 4.2 of 3) and 4), and in the cases mentioned in art. 5;
  • by unilateral denunciation by either Party, by a simple notification sent to the other Party 48 hours before the date on which the termination takes effect;
  • in other cases provided in this Agreement.
    • Any Lease Agreement and Rental Period terminates in the following situations:
  • expiration of the Rental Period provided in the Confirmation;
  • loss of the Scooter (including total damage, theft, disappearance due to other causes found accordingly);
  • in the cases provided in art. 4.2 of 3) and 4), and in the cases mentioned in art. 5;
  • in other cases provided in this Agreement.
    • Lost or stolen scooter.

A scooter used by you may be considered lost or stolen if (1.) The scooter is not returned in accordance with this Agreement within 48 consecutive hours, (2.) The scooter is parked in violation of this Agreement, ie in a restricted area or in a non-public space after completion of use, or (3.) other facts and circumstances which in good faith and for good reason suggest that a Scooter has been lost or stolen.

  • Non-return of the Scooter can take the form of the crime of theft, and according to it, E-Twow can make a request to the Prosecutor’s Office at any time.
  • The replacement value of the Scooter is the price displayed on the website www.e-twow.ro for each product. In all or any of the situations in which the Scooter is not returned, E-twow may request you, as compensation, the replacement value.
  • In all cases of termination of this Agreement and / or the Lease Agreements on or before term, you are obliged to pay all amounts due to E-twow by the date of termination of the lease as well as those due as a result of termination. The termination of this Agreement by the expiration of the term does not entail the termination of the Lease Agreements in progress on the date of that termination. With regard to the latter, the clauses of the Agreement will survive until the termination of the Leases and / or the Lease Period related to them.

 

  1. RETURN OF THE SCOOTER
  • At the termination / end of the Rental Period of each Scooter, unless the rented Scooter has suffered total damage, you will return the rented Scooter in normal operating condition, to its original condition, suitable for movement / use, except for normal wear and tear for a scooter used for a period equal to the rental period. Otherwise, you will bear any damages / expenses for bringing the scooter to its original condition.
  • The termination / end of the Lease Period is considered only when the following conditions are cumulatively met:
  1. The scooter was handed over to the location where it was taken.
  2. The charger is handed over to the E-twow representative
  • In case of damage or malfunctions, E-twow will request the issuance of a repair estimate, according to the instructions and repair recommendations of the manufacturer of the rented scooter, respectively you have the obligation to pay E-twow the value of the replacement costs determined according to technical inspection and repair estimate.
  • At the end of the rental period of each Scooter, in case of exceeding the rental time provided in the Confirmation, you undertake to pay the value for each extra hour.

 

  1. AGREEMENTUAL LIABILITY
  • You are liable to E-twow even if the Scooter is lost or damaged due to force majeure, fortuitous causes or vandalism, while the Scooter is in your possession. In this regard, you will pay to E-twow the value of the Scooter or its damage.
  • E-twow is exempt from any liability with regard to quality, technical assistance, defects and quality guarantees regarding the Scooter.
  • Without prejudice to the provisions of paragraph (2) above, in order to avoid any ambiguity, E-twow shall not be liable for defects apparent at the date of the Lease Agreement, and may not be held liable for harm that such defects cause to life, health or the bodily integrity of you or third parties, in the latter case, you are fully and solely responsible.

 

  1. FINAL PROVISIONS
    • The modification and / or completion of this Framework Agreement may be made only with the agreement of the parties recorded in an Additional Act.
    • Any dispute arising out of or in connection with this Agreement shall be settled amicably and, if the parties do not agree, the dispute shall be settled by the competent court at E-twow.
    • 3 Force majeure
  • The force majeure arising after the conclusion of the Agreement that prevents or delays totally / partially the execution of the Agreement, defends the party that could not fulfil its obligations for this period for the period in which this performance is prevented or delayed, according to art. 1351 Civil Code.
  • The previous provisions do not apply if the party invoking force majeure was late.
  • Force majeure means an unforeseen and unavoidable event, independent of the will of the parties which delays or totally / partially prevents the fulfilment of Agreementual obligations, such as a natural disaster, fire, mobilization, requisition, insurrection, state of war. The strike will not be considered a case of force majeure. The party invoking force majeure is obliged to justify to the other party, within 5 calendar days from the occurrence of force majeure, its existence, by written notification accompanied by supporting documents, confirmed by the Chamber of Commerce and Industry of Romania.
  • If the notification has not been transmitted under the established conditions, the guilty party is liable for the damages caused to the other party, as it has not proved the existence of the case of force majeure.
    • By signing this Agreement, you acknowledge and agree that E-Twow uses your personal data in accordance with the E-Twow Privacy Policy, made available at e-twow.ro

 

  1. INTERPRETATION AND VOLUNTARY EXECUTION OF THIS AGREEMENT

You acknowledge that the headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not exclusively in its sense. “Inclusion” means “inclusive, but not limited to.”

You acknowledge that you have voluntarily read this Agreement, understand the terms and consequences of this Agreement, and are fully aware of the legal and binding effect of this Agreement.

By checking the “Terms and Conditions” box or by accessing the App or using the services offered under the Program, you acknowledge and fully accept the above provisions.