Condizioni Generali
di Utilizzo del Servizio

Ultimo aggiornamento il 18 Novembre 2021

These General Conditions of Use of the Service (hereinafter referred to as “GCUS”) define, as from their acceptance by the Client, the conditions of access and use of the CITYSCOOT Service, as these terms are defined below.

CITYSCOOT is an electric mobility service offered by CITYSCOOT, a simplified joint-stock company with a share capital of Euros 121 886,90, registered with the Paris Trade and Companies Register under number 800 862 021, whose registered office is located at 8 rue Bayen, 75017 Paris.

The purpose of this service is to offer its Users an electric scooter travel offer through the use of a self-service short-term rental of electric scooters.

Any use of the CITYSCOOT Service implies compliance with the GCUS by the User.

These GCUS are intended for Users of the CITYSCOOT Service in France. Users wishing to access the Service in another country are invited to consult the GCUS of the country concerned on the Website www.cityscoot.eu and to accept them in the Application. In addition, Users wishing to access the CITYSCOOT Service in another city may be invited in the Application to read and accept the GCUS applicable in that city.

ARTICLE 1 – DEFINITIONS

“User Accessories”

refers to the objects and personal effects of the User and persons transported on the Scooter during a Rental Period.

“Scooter Accessories”

refers to approved Helmet(s), the Vehicle Documents and the hygiene hairnets that are present in the Scooter.

“Application”

refers to CITYSCOOT’s mobile application (or the mobile application of a third-party partner) that allows the User to book a Scooter.

“Helmet”

refers to the helmet(s) belonging to CITYSCOOT, located under the seat and/or in the Citycase (top case) when it is installed and activated, and made available to the User.

“Citycase”

Refers to the top case installed on the Scooter and containing a Helmet when it is activated (meaning usable for the User).

“Booking Code”

refers to the 4-digit code that the User receives at the time of the Booking Confirmation and must enter on the Scooter’s keypad to start the Rental.

“General Conditions of Use of the Service” or “GCUS”

refers to this document, the terms of which must have been accepted by the User in order to use the Service.

“Vehicle Documents”

refers to the following documents: a copy of the insurance certificate, a copy of the vehicle registration document, the accident report, which are present in the Scooter.

“Personal Space”

refers to the online management space accessible by the User having a Cityscoot account via a “My Account” section, accessible on the Website www.cityscoot.eu or on the Application after authentication, from which the User can manage his personal information, consult his Rental history and CITYSCOOT invoices, or purchase prepaid Rental minutes.

“Login Credentials”

refers to the User’s email address (and possibly mobile number) and password chosen to identify and connect to the Application and use the Service.

“Registration”

refers to the process of registering a future User with the CITYSCOOT Service, under the conditions mentioned in Article 5.1 of these GCUS. Registration for the CITYSCOOT Service is free.

“Rental”

refers to the time of use of the Scooter by a User. The Rental starts as soon as the Booking Code is entered on the Scooter and ends at the User’s initiative (via the END button on the Scooter keyboard or via the Application (if it allows for this), once the Scooter is locked and the “Free” LED on the Scooter is lit) subject to compliance with the Scooter return procedure referred to in Article 7.4.6 or at the initiative of CITYSCOOT in the cases provided for in Article 7.4.8.

“Loyalty Program”

means the CITYSCOOT Loyalty Program referred to in Article 14.2.

“Stop”

refers to the temporary stopping of the Scooter during a Rental Period.

“Booking”

refers to the act of booking a Scooter via the Application before the Rental.

“Scooter”

refers to one of the electric scooters identified by its licence plate or personal number and made available to Users by CITYSCOOT.

“Service” or “CITYSCOOT Service”

refers to the self-service short-term Scooter rental service offered by CITYSCOOT or by any company controlled by CITYSCOOT within the meaning of Article L. 233-3 of the French Commercial Code.

“Customer Service”

refers to the CITYSCOOT information and support centre made available to Users to answer their questions and complaints through various channels defined in Article 7.2.

“Website”

refers to the CITYSCOOT Service website available at www.cityscoot.eu.

“Client”

The Client designates any natural person of legal age who has created an account by entering his e-mail address and a password and who has accepted the present CGUS. The Client can only use the Service once his registration to the Service has been finalised.

“User”

refers to any Client who meets all the conditions set out in Article 4 hereof and who has created a CITYSCOOT account or an account in a third-party partner application, and finalised his Registration, enabling him to use and benefit from the CITYSCOOT Service under the conditions of these GCUS.

“CITYSCOOT Zone”

refers to a geographical area defined by CITYSCOOT within which the User may terminate his Rental by returning the Scooter to a public space authorised for parking motorised two-wheel vehicles of his choice located within this area. The CITYSCOOT Zones are visible in the Application. On the Scooter, a yellow light on the handlebar lights up when it is located outside this area. CITYSCOOT reserves the right to modify the geographical scope of a CITYSCOOT Zone at any time.

ARTICLE 2 – PURPOSE

The purpose of these GCUS is to define the terms and conditions for access to and use of the Service. Any access to and use of the Service is subject to compliance with the GCUS by the User.

ARTICLE 3 – PRICING TERMS FOR ACCESS TO THE SERVICE

The Service is charged by the minute. The price given per minute is specified in APPENDIX 1.

Rentals, according to their duration, and purchases of “minute packs” are invoiced.

Any minute of Rental started is counted and invoiced as a full minute.

The “minute packs” are subject to a period of validity as indicated to the User at the time of the purchase. Apart from the conditions applicable to the right of withdrawal, the purchase is not subject to any reimbursement.

The applicable prices and penalties are those in force on the day of the Booking. They may be modified at any time by CITYSCOOT in accordance with Article 17.2 of these GCUS.

The User agrees that the invoice statement and the adhesion to the GCUS are established and proven in particular on the basis of the Application and CITYSCOOT systems.

ARTICLE 4 – CONDITIONS OF ACCESS TO THE SERVICE

To use the Service, the User must meet all of the following conditions:

He must be of legal age (at least 18 years old)
Submit electronically a copy of the following documents held by him:

- Valid European driving licence of type AM, A1, A2, A2, A or B or a non-European car driving licence, in any language, provided that it is written in the Latin alphabet and includes an identity photo; or
- Road safety certificate (BSR);
- If the natural person has transmitted a BSR, or if he does not have a driving licence and was born before 01/01/1988, or if the transmitted document does not include a photo, he must also transmit one of the following valid documents to access the Service:

identity card if issued in a country of the European Economic Area or in Switzerland; or
passport in any language, provided it is written in the Latin alphabet; or
French residence permit (only for persons residing in France).

He must not owe any amounts to CITYSCOOT which have not been paid in respect of a previous registration or rental with CITYSCOOT.
He must have a smartphone running on an Android or iOS version compatible with the Application.
He must submit electronically information regarding one or more of his valid Visa or Mastercard bank cards.

CITYSCOOT reserves the right to carry out periodic inspections to ensure compliance with the above-mentioned conditions of access to the Service.

The possession of a restricted validity licence, or a declaration of loss or theft of the driver’s licence, does not allow either access to the Service or use of the Service.

ARTICLE 5 – REGISTRATION PROCEDURE

5.1 General provisions

To register and acquire the User grade, the Client must:

upload the documents referred to in Article 4 and a photo of his face using the tool integrated in the Application for the purpose of authenticating said documents
complete the Registration Form in the Application, in which the User indicates:

- his surname,
- his first name,
- his date of birth,
- a valid mobile phone number,
- a valid email address,
- his full home address,
- a password that complies with Cityscoot’s security recommendations. As such, the User is invited to choose a password different from that used for other accounts or services and to change the password regularly (once or twice a year) in order to guarantee optimal security and protect himself against any risk of fraud.
- have consulted and accepted these GCUS and CITYSCOOT’s Privacy Policy available on the Application and on the Website www.cityscoot.eu.
- if he wishes to receive an introduction on the handling of a Scooter.
- the number of one or more of his valid Visa or Mastercard bank cards on the secure payment interface for subsequent payment of invoices.

The Client must ensure the consistency and accuracy of the information provided.

5.2 Effective date

User Registration takes effect at the end of the Registration process described above, after verification of the information and documents uploaded by the User. CITYSCOOT does not guarantee any time limit between a registration request and its taking effect.

5.3 Term

Registration is unlimited as long as the User complies with all the GCUS, without prejudice to Article 5.4 and Article 15 below.

5.4 Unsubscription

As the Service is not binding, the User is free to stop using the Service at any time.

To this end, the User may unsubscribe at any time by making a request to Customer Service by email to privacy@cityscoot.eu. The balance of prepaid or free minutes, if positive, as well as any other benefit acquired by the User under the CITYSCOOT Loyalty Programme, will be definitively lost by the User and will under no circumstances be refunded.

Unsubscription is effective only upon full payment of all sums due by the User to CITYSCOOT.

5.5 Personal nature of the Registration

Registration is strictly personal to the Client and non-transferable.

The Client undertakes to inform Cityscoot’s Customer Service as soon as possible on 09 69 36 20 26 (or by email to contact@cityscoot.eu) and, if necessary, to send it a receipt of his complaint in the event of loss and/or theft of the smartphone(s) on which he has downloaded the Application, in the event of use by a third party of his Login Credentials or in case of loss of their confidential nature for any reason whatsoever.

ARTICLE 6 – RIGHT OF WITHDRAWAL

By accepting these GCUS, the User accepts that the contract between him and CITYSCOOT consisting in making the Scooter available for short-term rental is executed as soon as his first Booking is confirmed and expressly waives his right of withdrawal, in accordance with the provisions of Articles L. 221-25 and L. 221-28 of the Consumer Code.

In case of purchase of a “minute pack”, the User has the right to withdraw his purchase within fourteen (14) days from the date of purchase.

In this case, the User shall inform the Customer Service of his decision to withdraw by returning the withdrawal form (here) before the expiry of the above-mentioned deadline, or send any statement clearly expressing his willingness to withdraw, to contact@cityscoot.eu.

If use of the Service has not begun before the expiry of the right of withdrawal, the User is reimbursed for the full amount he had paid for the “minute pack”.

If use of the Service has begun before the expiry of the right of withdrawal, two cases may apply:

if the User has used up the entire minutes of the “pack”, he is charged with the entire price of the “minute pack” as well as with any additional cost/penalty relating to the use of the Service,
if the User has partly used up the minutes of the “pack”, he is reimbursed for the full amount paid for the “minute pack” and is charged with the price per minute for the number of minutes used up, as well as with any additional cost/penalty relating to the use of the Service. In that context, promotional rates do not apply.

ARTICLE 7 – TERMS OF USE OF THE CITYSCOOT SERVICE

The CITYSCOOT Service is only accessible via the Application. It is the User’s responsibility to take all necessary measures to ensure access to and the update of the Application via his smartphone running on a compatible Android or iOS version.

7.1 Personal Space

The User may, on the Application and on the Website (from his Personal Space):

Contact the Customer Service using the dedicated form
Consult the Frequently Asked Questions (FAQ)
Consult the GCUS
Consult CITYSCOOT’s Privacy Policy
Update his personal data (address, password, bank cards)
Change his city of preference
Consult his Booking and Rental history
View and download his invoices
Check his User status and any benefits acquired under the Loyalty Program.
Define the CityBoost acceleration level (slow, medium or fast)
Buy prepaid minute Packs
Enter a Promotional Code
Modify and share your Sponsorship Code
Check your credit balance

7.2 Customer Service

Users can contact the Customer Service as follows:

By telephone on 09 69 36 20 26, 24 hours a day, 7 days a week, in particular in the event of an accident or malfunction of the Service, to report a technical incident.
By email to contact@cityscoot.eu to ask a question related to his Registration, billing, CITYSCOOT account, or to report a technical problem encountered on the Scooter or on the CITYSCOOT Application, or more generally to make a comment.

7.3 Information on Scooters and Booking

On the Application, the User can:

View the positioning and autonomy of the Scooters available in the CITYSCOOT Zones
Check the presence of a Citycase and of a second Helmet on the Scooters
Book a Scooter
Cancel his Booking within a maximum of ten (10) minutes from the time of his Booking
Return a rented Scooter under the terms of these GCUS

7.4 Renting a Scooter

7.4.1 Booking a Scooter

The User selects an available Scooter and books it via the Application. He then receives the 4-digit Booking Code, marking the beginning of the Booking period.

He then has 10 minutes to go to the reserved Scooter and unlock it by entering the Booking Code on the numeric keypad located on the left side of the handlebar. Entering the Booking Code marks the end of the Scooter’s Booking Period and the start of the Rental Period.

If the User has not unlocked the Scooter during the 10-minute Booking period, his Booking is automatically cancelled.

7.4.2 Unlocking the Scooter

In order to unlock the Scooter he has booked, the User must enter the Booking Code he received via the Application on the numerical keypad integrated into the Scooter.

The Scooter powers on and the seat opens automatically.

7.4.3 Condition of the Scooter at the start of the Rental Period

The User undertakes to report to the Customer Service any damage he has observed on the Scooter before his departure, via the dedicated section of the Application or by telephone. The User undertakes, as far as possible, to take photos of the damage observed and transmit them via the Contact form in the Application.

Examples of damage that the User must report to the Customer Service:

Defective brakes.
Broken fairings.
Flat tyre.
Missing rearview mirror.
Broken or twisted brake lever.
Broken headlight or broken lights.
Broken keyboard or meter.
Broken stand.

In such circumstances, the User undertakes not to use the damaged Scooter.

7.4.4 Starting the Scooter

To start the Scooter after unlocking it, the User must:

Lift the seat to access the Helmet.
Adjust the Helmet to his size and put it on.
Adjust the rearview mirrors.
Set the red button to the right of the handlebar to “ON”.

7.4.5 Temporary stoppage procedure (Stop)

To temporarily park the Scooter, the User must:

Stand the Scooter in an authorised location.
Open the seat by pressing the “Helmet” button on the left side of the handlebar if the User wishes to store the Helmet.
Remove all the User’s Accessories from the Scooter, as CITYSCOOT cannot be held responsible for any forgotten or stolen belongings.
Close the seat and check that it is locked.
Turn and hold the handlebar until it stops.
Set the red button on the right side of the handlebar to “OFF”.
Wait for the meter to turn off

The rental minutes continue to run during the Stop period.

7.4.6 Scooter return and end of Rental procedure

To return the Scooter and terminate its rental, the User must:

Make sure that he is in a CITYSCOOT Zone (yellow “OFF ZONE” light off).
Ensure that the authorised parking conditions of the municipality and in the Scooter return zone are respected.
Make sure that he has parked the Scooter in an authorised place.
Stand the Scooter.
Open the seat by pressing the “Helmet” button on the left side of the handlebar.
Store the Helmet under the seat in the position indicated by the sticker under the seat.
Store the second Helmet in the Citycase.
Remove all the User’s Accessories from the Scooter, as CITYSCOOT cannot be held responsible for any forgotten or stolen belongings.
Close the seat and the Citycase and check that they are locked.
Close the seat and check that it is locked.
Turn and hold the handlebar until it stops.
Set the red button on the right side of the handlebar to “OFF”.
Wait for the meter to turn off.
Press the END button within 10 seconds of its activation or click on “End my rental” in the CITYSCOOT Application.
Check that the green “FREE” LED is lit.

If one of the orange or red LEDs lights up or flashes on the Scooter’s keypad, the procedure has not been followed and the User must check that all the steps constituting the return procedure have been completed.

It is the User’s responsibility to check that the end of his Rental is effective. CITYSCOOT cannot be held responsible for extended invoicing in the event of incorrect return of the Scooter.

7.4.7 Condition of the Scooter at the end of the Rental Period

The User undertakes to report to the Customer Service any damage, even minor, he has observed on the Scooter at the time of its return, via the dedicated section of the Application or by phone. The User undertakes, as far as possible, to take photos of the damage observed and transmit them via the Contact form in the Application or by email to the Cityscoot Customer Service.

7.4.8 End of Rental triggered by CITYSCOOT

CITYSCOOT reserves the right to suspend access to the Service without notice and to cancel a Booking or terminate a Rental in the following cases, without any compensation being due to the User:

Technical problem or safety incident affecting the use of the Service or the management of Scooters.
Exceptional closure of the Service by decision of a competent authority or for any reason specific to CITYSCOOT.
Force majeure.
Failure, accident or automatic detection of an impact of the Scooter concerned.
Suspension or deactivation of the User’s account or his access to the Service in accordance with Article 15 of these GCUS.
Stoppage of the Scooter if CITYSCOOT is unable to contact the User.
Theft of the Scooter during a Rental.

7.5 Assistance procedure

7.5.1 Triggering the procedure

The assistance procedure must be initiated by the User in the event of a physical and/or material accident, breakdown or puncture by calling the Customer Service on 09 69 36 20 26 (cost of a local call from a French mobile phone).

The assistance procedure involves steps and diagnostics by CITYSCOOT for which the User will provide his assistance.

7.5.2 Actions and liability of the User and the Customer Service

a) Physical injury or damage to equipment

The User must contact the CITYSCOOT Customer Service by telephone on 09 69 36 20 26 whatever the nature of the accident, provided that he is not the victim of a physical accident preventing him from fulfilling this obligation.

In the event of a physical accident, the User must first contact the emergency services (ambulance, fire brigade) as well as the police services.

To the extent that the User is in a position to do so, he must:

Put on the high visibility vest provided under the seat.
Make every effort to limit the discomfort or potential danger caused by the damaged Scooter to other road users and/or vehicles.
Stay close to the Scooter until it is taken care of by the emergency services.
Draw up legibly, even in the event of material damage not involving a third party, an amicable report (a blank copy of which is present under the seat of the Scooter) detailing the circumstances of the accident, countersigned if necessary by the driver(s) of the other vehicle(s) involved in the accident.
Send the amicable report by post, as soon as possible and at the latest within 5 working days after the occurrence of the accident, to the following address: CITYSCOOT, Service Sinistres, 8 rue Bayen, 75017 Paris.
Inform the Customer Service of the exact circumstances of the incident, its known or presumed causes, the names and addresses of the injured persons and, if possible, witnesses, by email (contact@cityscoot.eu) or by regular mail to the address mentioned above.
Collaborate with the CITYSCOOT insurer by any means required by the insurer, providing sincere, accurate and precise information.

b) Failure of the Scooter or puncture

The User must immediately contact the Customer Service on 09 69 30 26 26 regardless of the nature of the breakdown.

The User must:

Put on the high visibility vest provided under the seat.
Make every effort to limit any disturbance caused by the broken down Scooter to other road users and/or vehicles.
Stay close to the Scooter until the express agreement (call, email, SMS, etc.) of the Customer Service; otherwise, he may be charged for the breakdown costs.

c) Attempted theft, theft of the Scooter or vandalism

In the event of theft of the Scooter or vandalism during the rental period, the User must immediately contact the Customer Service on 09 69 36 20 26.

The Customer Service will advise the User of the procedure to follow depending on the diagnosis made.

The User is required to file a complaint with the competent police station or gendarmerie brigade and to send to CITYSCOOT, 8 rue Bayen, 75017 Paris, within forty-eight (48) working hours following the incident, the complaint filing receipt received from the police station or gendarmerie brigade as well as a statement explaining the circumstances of the theft or damage of the Scooter.

d) Automatic impact detection

The Scooter is equipped with an electronic device that allows CITYSCOOT to detect in real time any unusual inclination of the Scooter. In the event of a shock or fall being detected, CITYSCOOT reserves the right to immediately contact the User to diagnose its origin and take the necessary assistance measures.

7.5.3 End of the Rental in the event of an accident

The User’s Rental and invoicing shall cease as from the implementation of the assistance procedure as described in Articles 7.5.1 and 7.5.2.

Nevertheless, the Scooter remains the sole responsibility of the User until it is taken over by an assistance or breakdown service.

ARTICLE 8 – PAYMENTS

8.1 General provisions

The User undertakes to pay all sums due in connection with the use of the Service and in particular:

The price of using the CITYSCOOT Service,
The fines and financial consequences of any traffic violations committed by the driver,
Insurance deductibles in the event of a claim; these are listed in APPENDIX 3,
The penalties listed in APPENDIX 2 of these GCUS.

The User undertakes to stay up to date with his financial obligations towards CITYSCOOT throughout the duration of the contractual relationship.

The elements due by the User identified above will be subject to additional invoicing, sent to the User within three (3) months of the date on which CITYSCOOT becomes aware of the facts giving rise to their application.

8.2 Payment of the Rental

The price of the Rental, defined in accordance with Appendix 1, is due at the end of each Rental.

CITYSCOOT issues an invoice after the User has completed one or several Rentals. The debit will be made on the User’s credit card, the details of which were entered at the time of Registration, within the period indicated on such invoice.

In case of rejection of the debit, the User can pay his invoice directly to CITYSCOOT from his Personal Space. The regularisation of a payment incident by direct payment will unblock access to the User’s Service, unless the blocking also results from non-compliance with other provisions of these GCUS.

8.3 Updates of payment methods

The User undertakes to update his contact details and banking information as and when changes occur, so that the User’s information available to CITYSCOOT is up to date throughout the duration of the contractual relationship.

In the event of the expiry of his credit card, the User undertakes, fifteen (15) days before the expiry of said card, to update his bank details in his Personal Space. This update must take place as soon as the new bank card is received and before the expiry of the previous one.

In the event of non-compliance with this obligation or the User’s credit card being invalid for any reason whatsoever, CITYSCOOT may suspend access to the Service until the situation has been resolved by the User. During the suspension of access to the Service, the User nevertheless remains liable for the payment of his unpaid invoices.

8.4 Authorisation to debit the credit card

By entering his credit card references when registering or as part of any update of his banking information in his Personal Space, the User grants CITYSCOOT an authorisation to debit his credit card for all amounts due by the User in accordance with these GCUS (and in particular, without this list being exhaustive, rental fees, penalties, deductible in the event of an accident or theft without third party liability, etc.).

An imprint of the User’s credit card is required to validate the Registration and authorise the collection of the amounts due.

8.5 Invoicing

The User’s invoices will be made available electronically in his Personal Space, which the User expressly accepts. The User undertakes to regularly consult his Personal Space on the Site or in the Application to consult his travel history, outstanding amounts, invoicing and the related due dates.

The User can download his invoices via his Personal Space.

The User acknowledges and accepts that in the event of a Scooter Rental in a country other than France where the Service is available, CITYSCOOT may communicate information concerning him, and in particular his banking data, for the purpose of invoicing by the local CITYSCOOT entity in the country concerned.

ARTICLE 9 – USER’S OBLIGATIONS

9.1 Driving the Scooter

The User must use the Scooter as a responsible driver, in accordance with these GCUS, and in strict compliance with the provisions of the Highway Code.

In addition, the User must take care of the Scooter, ensure that it is safe and parked in a safe place authorised for parking motorised two-wheel vehicles when not in use, and to use any mandatory safety element provided with the Scooter.

The User is required to check, when accessing the Scooter, the presence of the Scooter Accessories and the Vehicle Documents. If any items are missing, he must immediately notify the Customer Service by calling the assistance number 09 69 36 20 26.

He is also prohibited from smoking, drinking and eating or from using his phone once on the Scooter.

CITYSCOOT recommends wearing clothing adapted to the use of this type of vehicle, it being specified that they are not provided (except for the high-visibility vest, which is optional to wear and the Helmet, which is mandatory to wear). The User is reminded that wearing gloves is mandatory in accordance with Article R. 431-1-2 of the Highway Code. The User must have approved gloves within the meaning of the aforementioned article and wear them when driving the Scooter.

In addition, the User must return the Scooter according to the procedure described in Article 7.4.6.

9.2 Use of the Scooter

The Scooter is approved for the transport of one passenger.

The User may not use the Scooter or allow anyone else to use it:

For the transport of goods for valuable consideration.
To tow or push any vehicle, trailer or other object.
On the road or on road adapted to Scooters.
When the Scooter is overloaded.
For the transport of objects or substances (flammable, corrosive, toxic, explosive, ionizing or oxidizing substances, etc.) which, due to their condition or smell, may damage the Scooter and/or delay the possibility of renting the Scooter again.
To participate in sports competitions (races, tests, demonstrations, etc.).
In violation of the Highway Code or other regulations.
For any unlawful purpose.
For any sublease free of charge or against payment.
For the transport of passengers against payment, even occasionally.
For learning to drive.
To transport animals or load heavy packages or move.
If he is in violation of any obligation mentioned in the GCUS.

9.3 Authorised driver of the Scooter

The Scooter may only be driven by the User who has rented the Scooter. The User undertakes not to let anyone else drive the Scooter, even if that person is himself a User of the CITYSCOOT Service. If the User does not comply with this commitment, the penalties provided for in Appendix 2 of these GCUS shall apply. Similarly, the User is not authorised to allow a third party (including a member of his family) to use his login and password to access the Service.

Any use of the Application with the User’s Login Credentials is deemed to have been made by the User himself.

Each User is responsible for the creation, storage and use of his Login Credentials, which are strictly personal to him and may not be shared with third parties. He is solely responsible for their confidentiality and security.

In the event of loss or theft of his password, it is the User’s responsibility to change it immediately, so that his account remains both secure and functional.

The User remains exclusively and entirely responsible for any use of the Service, including by a third party (without his knowledge or in breach of the provisions above), through the Application installed on his smartphone(s).

The User undertakes to update his contact details as and when changes occur, so that the User’s information available to CITYSCOOT is up to date throughout the duration of the contractual relationship.

9.4 Driving licence

If the User is in the situation of having to hold a driving licence referred to in Article 4.2, he undertakes that it has been validly issued by the competent authorities of his native country or the country in which he lives and is not suspended, cancelled, withdrawn or expired at the time of his Registration and each Scooter Rental.

The User undertakes to hold any document or licence referred to in Article 4 enabling him to establish his ability to drive the Scooter. The document or permit must be validly issued by the competent authorities of his native country or the country in which he resides. These documents may not be suspended, cancelled, withdrawn or expired at the time of Registration and each Scooter Rental. The same applies to any additional documents required for driving the Scooters.

It is recalled that Users holding a driving licence issued by a country outside the European Union, and which is not in French, are required to provide an official translation into French of their driving licence and international licence if the latter is required to enable the User to use a Scooter in France. This translation (as well as their identity document) may be requested in case of control by CITYSCOOT or by a competent authority.

9.5 Driving ability

The User undertakes when using a Scooter not to be under the influence of alcohol, drugs, medication or any other legal or illegal substance that impairs his faculties or ability to drive the Scooter. Failing this, the User will lose the benefit of the individual driver’s coverage referred to in Article 10 below.

9.6 Traffic restrictions

The Scooter may only drive on lanes authorised for L1e category vehicles, in accordance with the Highway Code. If the User does not comply with this commitment, the penalties provided for in APPENDIX 2 of these GCUS shall apply.

9.7 Damage

The User is solely and entirely responsible for any damage to persons and property (including the Scooter) caused by the use of the Scooter for the entire duration of the Rental.

The User is required to return the Scooter in the same condition as it was in before the Rental. In the event of loss or damage occurring during the Rental period, the User must compensate CITYSCOOT for the losses and expenses incurred up to a fixed deductible of 350 Euros (excluding helmet), unless the loss or damage is attributable to a third party, which may be charged to the User’s credit card. This assessment will be made on the basis of the price of spare parts defined here. This price list is provided for information purposes only. Only the price communicated to the User at the time of repair is valid.

9.8 Non-compliance with these GCUS

In the event of non-compliance with the User’s obligations under these GCUS, whether by the User or by persons under his responsibility (potential passenger), the User shall be required to compensate CITYSCOOT for any liability and for any loss, damages and/or expenses that CITYSCOOT may have to bear as a result of the User’s failure, in particular if the User’s failures result in the exclusion of the insurance coverage subscribed by CITYSCOOT (without prejudice to the application of any additional penalties provided for in Appendix 2). This provision is not exclusive of any other recourse that CITYSCOOT may have against passengers or third parties in respect of their respective liability.

ARTICLE 10 – INSURANCE

During the Rental, the User benefits, subject to the cases of exclusion referred to in this article, from the insurance taken out by CITYSCOOT covering civil liability, individual driver’s guarantee, fire, theft or attempted theft of the Scooter, vandalism, as well as damage and assistance to the Scooter. The cost of insurance is included in Rental price.

All applicable coverages and deductibles are detailed in APPENDIX 3.

10.1 Civil Liability Insurance

10.1.1 By registering for the Service, the User benefits from compulsory civil liability insurance in accordance with Articles L.211-1 to L.211-8 of the Insurance Code.

10.1.2 The civil liability insurance covers bodily injury caused to third parties by the User, without limitation of amount, and material damage up to Euros 100,000,000.

10.1.3 The guarantee excludes:

voluntary acts.
damage caused to goods and objects transported by the Scooter.
compensation for damage suffered by the perpetrators, co-perpetrators or accomplices of a theft of the Scooter.
the payment of fines and impoundment fees.
any use prohibited by Article 9.2 of these GCUS.

10.2 Individual Driver’s Coverage

10.2.1 Purpose of the coverage

The User, as the driver of the Scooter, has a driver’s coverage. The purpose of this coverage is to compensate the User for any bodily injury he may suffer.

10.2.2 Scope of the coverage

In the event of a traffic accident, whether or not caused by fire, explosion or natural phenomena, in which the Scooter is involved, the User or his dependants in the event of death shall be compensated for all losses resulting from the bodily injury suffered.

The compensation is calculated in accordance with the rules of ordinary French law, i.e. in accordance with the rules usually adopted by French courts and tribunals in respect of compensation for victims of road accidents, regardless of the location of the accident, up to a maximum of 250,000 Euros.

It is calculated after deduction of benefits of a compensatory nature paid or due by the social security bodies, the employer, the Mandatory Insurance Guarantee Fund, or any other third party payer referred to in Article 29 of the Law of July 5, 1985.

In the event of death, the guarantee applies, up to a maximum of 250,000 Euros, to compensation for the damage suffered by the beneficiaries, calculated in accordance with the rules of ordinary French law.

A deductible of 15% applies only to the damage item “Permanent damage to physical and mental integrity”, the other damage items are therefore compensated with no deductible. No compensation will be paid in respect of the damage item “Permanent impairment of physical and mental integrity” if the rate determined is less than or equal to 15%.

10.2.3 Exclusion of the guarantee

The guarantee excludes bodily injury of the User who:

Is not of the age required by these GCUS to carry out a Registration or does not have the valid certificates or permits required by the regulations in force for driving a Scooter.
At the time of the injury, was driving under the influence of alcohol as defined by the legislation in force or under the influence of narcotics not medically prescribed, unless the injury is unrelated to these facts.
Or refused to submit to checks to prove these facts.
Participates as a competitor in events, races or competitions (or their trials).
Is travelling in a place not regulated by the Highway Code.
Is not allowed to drive the Scooter.

ARTICLE 11 TOLLS – TICKETS – FINES – OFFENCES

The User is required to pay tolls, fines and tickets issued against him and which are legally at his expense. In accordance with the principle of the individual nature of penalties, the User is legally responsible for the Scooter and assumes the consequences of any breach of the Highway Code, parking and traffic rules, or any other law or regulation, occurring during the period of use of the Scooter or in the event of unauthorised parking of the Scooter until the Rental of the Scooter by the next User (in particular in case of parking on a temporary space such as a delivery place).

For more information on the legal procedures applicable in the event of an automated detection of a traffic violation, Users are invited to consult the website www.antai.gouv.fr .

11.1 Process applicable in the event of a violation of the Highway Code

In the event of notification to CITYSCOOT of a notice of violation of the Highway Code by the User, CITYSCOOT shall inform the competent authorities of the identity of the offending User. The User shall be responsible for paying the corresponding fine, subject to his right to contest the violation under the conditions provided for by law.

11.2 Related costs

CITYSCOOT shall invoice the User the lump sum provided for in APPENDIX 2 of these GCUS per ticket received for the administrative costs incurred in processing said ticket, as well as the costs related to impounding the Scooter as provided for in APPENDIX 2, if applicable.

ARTICLE 12 – LIABILITY OF CITYSCOOT

CITYSCOOT undertakes to provide a Scooter including Scooter Accessories, in particular an approved Headset and Vehicle Documents.

CITYSCOOT cannot be held responsible for any loss or damage to the User’s Accessories.

CITYSCOOT cannot be held liable for damage to persons and property (including the Scooter) caused by the use by a third party of a Scooter reserved using a User’s Login Credentials.

Under no circumstances shall CITYSCOOT be liable for any damage that may be caused by the unavailability or malfunctioning of the Website and/or the Application or all or part of the Service. The provision of the Service and the execution of these GCUS constitute only a best-efforts obligation for CITYSCOOT.

As the CITYSCOOT Service is based on a self-service principle, CITYSCOOT cannot be held liable to the User for the occasional absence of Scooters available for Rental or the charge level of the Scooter booked by the User.

CITYSCOOT’s liability is limited to certain, direct and foreseeable damage.

In addition, at the time of Registration, Booking or Rental, the User accepts that the Customer Service and/or the use of the Service may be disrupted or temporarily rendered inoperative and that CITYSCOOT may not be held liable in the following cases in particular:

Misuse or malfunction of the Internet network.
Computer virus transmitted over the Internet network.
Interruption of services accessible on the Internet network.
Total or partial disruption and/or unavailability of GSM/GPRS/3G/4G networks.
Impossibility to provide the Service because the communication module present in the Scooter is located in a geographical area not covered by the GSM/GPRS/3G network or in a shadow area within a covered geographical area.
Disruptions caused by maintenance, reinforcement, refurbishment or extension of GSM/GPRS/3G network installations by the telecommunications operator used by CITYSCOOT.
Electromagnetic wave propagation hazards, cessation of operating licences for the telecommunications operator’s service used by CITYSCOOT following a decision by the public authority or a fortuitous event.
Transmission of radio signals affected by constraints or limitations of technical standards imposed on radiotelephony operators by regulatory authorities or competent standard groupings.
Inability to provide the Service due to a failure or malfunction of GPS satellites or a power failure or adverse weather conditions.
Geolocation failure due to degradation of the GSM/GPRS/3G4G signal or GPS signal, due in particular to cloud cover or canopy.
Unavailability of the Scooter.
Force majeure within the meaning of Article 1218 of the Civil Code.
Any case mentioned in Article 7.4.8 of the GCUS.

CITYSCOOT reserves the right to interrupt the Service in whole or in part, without notice and for a fixed or indefinite period, in particular in the event of an exceptional event such as material damage, a technical breakdown, a safety problem, a demonstration on the public highway, a change in traffic rules or adverse weather conditions, without notice and without any compensation being due to the User.

CITYSCOOT may permanently discontinue the Service in any city or geographical area at any time, without any compensation being due to the User. If circumstances permit, Users will be notified of the definitive termination of the Service with reasonable notice.

ARTICLE 13 – PERSONAL DATA

As part of the Service, CITYSCOOT is required to collect and process certain personal data from Clients. By creating a CITYSCOOT account and/or using the Service, the Client acknowledges and agrees to the processing of his personal data by CITYSCOOT in accordance with applicable law and the provisions of CITYSCOOT’s Privacy Policy.

ARTICLE 14 – CITYSCOOT PROMOTIONAL OFFERS

CITYSCOOT may, at its sole discretion, propose promotional offers that are subject to these GCUS unless otherwise specified in the specific conditions of the offer.

CITYSCOOT reserves the right to suspend, modify or cancel these promotional offers at any time.

14.1 Promotional codes

In the event that CITYSCOOT makes a promotional code available entitling the User to a credit, a price reduction or any other benefit, the holder acknowledges and accepts that the promotional code:

can only be used once (1) and only on the Website and/or on the CITYSCOOT Application (unless otherwise indicated);
cannot be combined with other promotional codes;
is valid for a fixed period of time which will be communicated at the same time as the promotional code;
may expire before use;
may not be made available to the public without express authorisation from CITYSCOOT;
may not be bargained, exchanged for cash or converted into cash.

The use of the promotional code may also be subject to additional conditions that will be communicated as part of the offer.

Any use of the promotional code other than that provided by CITYSCOOT is prohibited. Promotional codes are non-transferable and indivisible. They cannot be refunded and/or exchanged. Unless otherwise specified, third party promotional codes are not usable in the Application.

The use of any promotional code issued by a third party and applicable to the CITYSCOOT Service is subject to the conditions of use established by that third party.

In the event of use that is fraudulent, illegal or contrary to these GCUS and/or the specific conditions of the offer, CITYSCOOT reserves the right to decline or reduce the benefit linked to the promotional code and to deduct any amount due by the User accordingly.

14.2 CITYSCOOT Loyalty Program

The CITYSCOOT Loyalty Program (“Loyalty Bonus”) is reserved for Users with a CITYSCOOT account. Its purpose is to allow Users to accumulate free minutes according to their status.

14.2.1 Counting of minutes driven

The “Loyalty Bonus” Loyalty Program counts each day the paid minutes driven by the User over the month’s rentals.

Counted: minutes billed per unit at the current rate or debited from a CityRider Pack

Not counted: free minutes (from a promotional code, sponsorship code, commercial gesture or Loyalty Program of the previous month, etc.) and minutes refunded or recredited after a rental.

If one or more of the User’s rentals made during the current month are refunded in full or in part, the Loyalty Program will deduct from the number of minutes recorded the minutes refunded or recredited, resulting in a potential change in the User’s loyalty status.

In the event of non-payment or payment incident, CITYSCOOT reserves the right to deduct unpaid minutes from the amount of minutes accumulated by the User and to adjust his loyalty status accordingly.

14.2.2 Loyalty status

Depending on the number of minutes counted by the User each month, the User is assigned one of the following statuses:

NUMBER OF PAID MINUTES COUNTED BY MONTH	STATUS
Less than 300 min	CityRider
Between 300 and 499 min	CityLover
Between 500 and 999 min	CityMaster
1,000 min and more	CityLegend

The status of the User is retained from the date it is obtained until he reaches the higher status or until the end of the current month.

14.2.3 Allocation of free minutes

The final loyalty status obtained at the end of the month defines the number of minutes offered the following month to the User. These minutes are sent to him/her by email via a promotional code that the User must enter in the Application (“Promo Code” section). The minutes thus credited to the User’s account during the following month will expire at the end of that month.

NUMBER OF PAID MINUTES PER MONTH	STATUS	NUMBER OF FREE MINUTES ALLOCATED
Less than 300 min	CityRider	0 minute
Between 300 and 499 min	CityLover	30 minutes
Between 500 and 999 min	CityMaster	60 minutes
1,000 min and more	CityLegend	130 minutes

14.2.4 Use of free minutes

The User may use his free minutes from the Loyalty Program throughout the following month (in one or more rentals), until they are exhausted. Any free minutes not used during the following month are lost.

Free minutes credited to the User’s account are debited first. If the User has benefited from other free minutes via commercial or marketing operations (promotional code, sponsorship code, etc.), the free minutes with the earliest expiry date are debited first.

Free minutes are allocated personally to the User and are therefore not transferable. Similarly, it is not possible to transfer them or combine them with other free minutes obtained on another account. Free minutes have no monetary, market or economic value and can never be converted into money.

14.2.5 Information

The User will be informed of the granting of free minutes by email. The User can also consult the number of minutes counted by him and the balance of his free minutes in his Personal Space, under the heading “Balance of minutes”.

It is specified that by unsubscribing from the CITYSCOOT Service, the User loses the benefit of all his accumulated free minutes and, more generally, of all the advantages of the Loyalty Program.

14.2.6 Responsibility

CITYSCOOT is exempt of all liability for the direct or indirect consequences of any anomalies and malfunctions of the CITYSCOOT Loyalty Program, whatever their causes. In the event of a malfunction of the Loyalty Program, CITYSCOOT will nevertheless make its best efforts to extend, for a period equivalent to that of the malfunction, the benefit of the accumulation of minutes and the advantages acquired by the User.

In case of disagreement on the amount of minutes accumulated or the balance of the User’s minutes, only the information contained in CITYSCOOT’s database will be deemed authentic.

ARTICLE 15 – SUSPENSION OR TERMINATION OF ACCESS TO THE CITYSCOOT SERVICE

CITYSCOOT reserves the right to temporarily suspend access to the Service to a User in the event of suspension of the Service by CITYSCOOT for any reason whatsoever. The “minutes” credit balance, if any, is maintained for the duration of the suspension.

CITYSCOOT reserves the right to temporarily block the User’s access to the Service and/or terminate his Registration in the following cases, without notice and without any compensation being due to the User in the following circumstances:

Use or presumption of use of a User’s Login Credentials by a third party.
Misuse or fraudulent use of the Service;
Falsification, omission or inaccuracy of information or documentation transmitted by a User or by a third party acting on behalf of a User;
The lack of updating of information concerning the User in his Personal Space;
Disclosure or unlawful use of the User’s account details;
Implementation of any technical process having the purpose or effect of circumventing these GCUS or prejudicing the interests of CITYSCOOT or its Users;
Payment incident or non-payment by the User or invalidity of the User’s bank card not remedied within fifteen (15) days, it being specified that access to the Service may be suspended during this period;
Misuse of the Scooter;
Failure by the User to comply with any of his obligations under these GCUS;
In the event of interruption or termination of the Service for any reason whatsoever, including under the conditions specified in Article 12 hereof.

ARTICLE 16 – APPLICABLE LAW – DISPUTE SETTLEMENT

The GCUS are exclusively governed by French law.

In accordance with the provisions of Article L. 611-1 et seq. of the Consumer Code, for any dispute of a contractual nature between the User and Cityscoot, that cannot be resolved in the context of a claim previously lodged with the Customer Service, the User can refer the matter to the Consumer Ombudsman free of charge, who will be the mediator of the National Council of Automobile Professions (CNPA). The Ombudsman can be contacted as follows:

directly on line on the website www.mediateur-cnpa.fr
by sending the following form to:
M. le Médiateur du Conseil national des professions de l’automobile, 43 bis, route de Vaugirard – CS 80016 – 92197 Meudon Cedex (by post)
or to mediateur@mediateur-cnpa.fr (by mail).

If the mediation procedure does not result in an amicable agreement between the parties, the dispute arising from the Registration for the CITYSCOOT Service or its use will be submitted to the exclusive jurisdiction of the French courts.

ARTICLE 17 – COMMUNICATION OF THE GCUS TO USERS – AMENDMENT

17.1 Communication and acceptance of the General Terms and Conditions of Use of the Service

The GCUS are submitted to the Client for acceptance at the time he creates his CITYSCOOT account.

He may at any time review the GCUS in force on the Website and/or on the Application.

The CGUS will be sent to the User electronically after his Registration.

17.2 Amendments to the GCUS

These GCUS (including applicable rates and penalties) may be updated at CITYSCOOT’s discretion. Their update will be brought to the User’s attention by any means and in particular by the Application when he next Books a Scooter.

In the event of a modification of the GCUS after his Registration, the User will be asked to accept the amended General Terms and Conditions of Use before his next Booking. Otherwise, the User is free to stop using the Service and may unsubscribe by following the procedure described in Article 5.4 above.

Any modification of these GCUS shall be deemed to be accepted and enforceable against the User if, having been informed of such modifications, he continues to use the Service.

ARTICLE 18 – SPECIFIC PROVISIONS APPLICABLE TO UBER USERS

The CITYSCOOT Service is available via the Uber application in Paris, Nice, Bordeaux and Barcelona.

The following specific provisions apply to any User who fulfils all the conditions set out in Article 4 hereof and accesses the CITYSCOOT Service via the Uber application (the “Uber User“), in accordance with Uber’s General Terms and Conditions and these GCUS.

Uber Users are invited to read all of these GCUS, including the specific provisions applicable to them under this Article 18 below, and Uber’s general terms and conditions.

18.1 Amendment of Article 2 of the GCUS

Article 2 of these GCUS are supplemented as follows:

Persons wishing to access the CITYSCOOT Service via an Uber account are also invited to consult Uber’s general terms and conditions.

18.2 Non-application of Article 5 of the GCUS to Uber Users

The provisions of Article 5 of the GCUS do not apply to Uber Users.

The registration procedure on the Uber application are detailed in Uber’s general terms and conditions.

18.3 Non-application of Article 7.1 of the GCUS to Uber Users

The provisions of Article 7.1 of the GCUS do not apply to Uber Users.

Uber Users do not have a Personal Space in the CITYSCOOT Application but can view their information and manage their personal information in the Uber Application.

18.4 Amendment of Article 7.2 of the GCUS

Article 7.2 of the GCUS is amended as follows:

In the event of an accident, malfunction of the Service, or technical incident, the Uber User is invited to contact CITYSCOOT‘s customer service by telephone on 09 69 36 20 26, 24 hours a day, 7 days a week.

For any questions related to his Uber account, the Uber application, invoicing and payment for the Service, the Uber User is invited to contact the Uber Customer Service.

18.5 Amendment of Articles 8.2, 8.3, 8.4 and 8.5 of the GCUS

The provisions of Articles 8.2, 8.3, 8.4 and 8.5 of the GCUS are not applicable to Uber Users.

Uber Users are invited to read the billing and payment terms and conditions detailed in Uber’s general terms and conditions.

18.6 Amendment of Article 11.1 of the GCUS

The provisions of Article 11.1 of the GCUS are replaced by the following provisions applicable to Uber Users:

In the event of notification of a traffic ticket regarding the Uber User, CITYSCOOT will inform Uber and the Uber User by email of the existence of the ticket. CITYSCOOT reserves the right to pay the fine to the competent authority and, in that context, to invoice the User for this amount as well as the lump sum received for the administrative costs incurred in processing said ticket as provided in APPENDIX 2, as well as the costs related to impounding the Scooter, if applicable.

18.7 Amendment of Article 17 of the GCUS

The provisions of Article 17.2 of the GCUS do not apply to Uber Users.

The Uber User will be invited to accept these GCUS according to the terms and conditions determined by Uber. Proof of this acceptance will be retained by Uber in accordance with Uber’s terms and conditions and privacy policy.

APPENDIX 1: PRICING CONDITIONS

PARIS:

– 0,39€ PER MINUTE

NICE:

– 0,29€ PER MINUTE

BORDEAUX:

– 0,29€ PER MINUTE

The price applicable for the “minute Packs” is the price proposed on the Application at the time of purchase.

APPENDIX 2: SUMMARY TABLE OF PENALTIES

The amounts of the penalties below, with the exception of tickets, are all inclusive of VAT.

TYPE OF BREACHES OR INCIDENTS

PENALTIES – SANCTIONS

Off-zone abandonment of the Scooter during the Rental

The Rental remains effective without any invoice cap until the Scooter is returned by the User or, if the User refuses, until it is recovered by CITYSCOOT. In addition to the Rental consumed until the Scooter is actually recovered by CITYSCOOT or by a breakdown service authorised by CITYSCOOT (carried out within a maximum period of 48 hours), the User will be charged the cost of repatriating the Scooter within the CITYSCOOT Zone (or to the workshop) established according to the location of the Scooter:

– In neighbouring cities not included in the zone: €100

– Elsewhere: €200

Return of the Scooter in a private area not accessible to the public

The User responsible for the return of the Scooter in the private area not accessible to the public will be charged € 20 per hour from the end of his rental period (including during service closing hours) to the Scooter’s depot in a publicly accessible area within the CITYSCOOT Zone + € 50 in travel expenses.

+ Immediate suspension of access to the Service.

Non-payment
Non-payment of sums due to CITYSCOOT by the User.

Suspension of access to the Service until payment is made.

Battery failure due to the negligence of the User and resulting in the intervention of CITYSCOOT or a CITYSCOOT authorised breakdown service.

Repatriation costs of the Scooter within the CITYSCOOT Zone (or to the workshop) established according to the location of the scooter:

– In cities included (partially or totally) in the Cityscoot zone: €50

– In neighbouring cities not included in the zone: €100

– Elsewhere: €200

Loss or damage to the Helmet

A charge of € 150 covering the replacement of the helmet and intervention costs

Non-compliance by the User with the assistance procedure defined in 7.5 Damage not declared by the User. Event or required documents not communicated to CITYSCOOT within 48 hours of the incident or following CITYSCOOT’s demand. Theft not reported to the police authorities.

€ 200 in management fees.

+ Repatriation costs of the Scooter:

In cities included (partially or totally) in the Cityscoot zone: €50
In neighbouring cities not included in the zone: €100
Elsewhere: €200

+ Immediate suspension of access to the Service.

Omission or inaccuracy of the information provided by the User
at the time of Registration or Access to the Service which may lead to a modification of the guarantees provided by the insurance contract or which may result in damage suffered by CITYSCOOT

Compensation by the User for the damage suffered by CITYSCOOT or any other third party resulting directly from the inaccuracy or omission of the data provided by the User.

+ Immediate suspension of access to the Service

Removal of the Scooter for impoundment or by the police services
due to unauthorised parking.

Invoicing to the last User who parked the scooter of:

– Travel expenses of one of our agents or service providers commissioned to collect the scooter from the impoundment lot and take it away: €50

– Actual impoundment fees capped at one day’s custody.

– The amount of the rental possibly in progress until the Scooter returns to the CITYSCOOT Zone or to the CITYSCOOT workshops.

Tickets
Ticket for Parking, Bad Driving, Speeding, Non-compliance with the Highway Code

The ticket will be processed in accordance with Article 11 of the GCUS. In addition to the applicable fine, the User will be charged a €15 management fee.

Damage without third party liability or theft of the Scooter
(more generally all cases for which the theft or damage deductible is applicable)

Sums due for the Deductible (see Appendix 2)