Terms and Conditions
Entry into force on: May 29, 2019
PLEASE READ THIS GENERAL AGREEMENT CAREFULLY. IT DETERMINES THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE IN GERMANY.
In consideration of your use of any of the Flosc Services offered by Flosc Mobility (see below), Flosc requires that you (“Driver”), “You” or “Yours”) (acting for the entire family of the Driver, heirs, agents, partners, representatives, successors and assigns) agree to all terms of this Flosc Rental Agreement (“Agreement”), as well as all disclaimers and indemnities.
These Terms and Conditions apply to all contracts for the booking of mobility packages (“Booking Agreements”) entered into between Flosc and Customers via the flosc.co website (“Website”) or via Flosc mobile applications (“App”). These Terms also include electric Flosc vehicles (“Vehicle” or “Vehicles”), the optional loading of the Vehicle by the Driver in accordance with section of electric smallest vehicles and all other related equipment, personnel, services, applications, websites and information provided or made available by Flosc (collectively, the “Flosc Services”).
THIS AGREEMENT CONTAINS EXEMPTIONS, DISCLAIMERS AND PROVISIONS FOR RISK TRANSFER AND A BINDING ARBITRATION AGREEMENT, THE THEIR LAWS RIGHTS AND REMEDIES LIMITATIONS.
The selected vehicle will be registered at the registered office and at the expense of Flosc on Flosc.
Use of the vehicle
The customer undertakes to handle the vehicle with care in accordance with the operating instructions, to maintain it in a roadworthy and safe condition and not to use it for any other purpose than that stipulated in the contract, and to lock the vehicle properly at all times.
In addition, the driver is obliged to comply with the ordinance of the electric smaller vehicles in the respectively valid version, in particular to park them properly in accordance with this ordinance.
Proper parking of the rental vehicles.
According to the regulation concerning electric smallest vehicles, the vehicles may not be parked in the following areas, notwithstanding § 68 para. 4 StVO 1960, BGBl. Nr. 159/1960 in the respectively valid version:
- on sidewalks and squares in front of buildings and facilities of cultural importance, except in the bicycle racks set up there,
- in public green areas, except in the bicycle stands set up there or on a path in a public green area, if it is a path which is more than 2.5 m wide and on which cycling is permitted.
The rider undertakes to indemnify and hold harmless Flosc or parties associated with Flosc (see definitions of parties associated with Flosc in section 15 below) against all costs, claims and demands incurred by Flosc as a result of a breach by the rider of the Road Traffic Regulations or the Magistrate’s Ordinance on Stationless Rental Bicycles.
All applicable laws (including, but not limited to, all applicable rules for traffic, pedestrians, parking, charging and electric vehicles), including all laws relating to the wearing of helmets in your area, must be complied with.
Damaged or faulty vehicles must be reported to Flosc immediately via the mobile application of Flosc (the “Flosc App”) or by e-mail to email@example.com.
Flosc expressly agrees to rent the vehicle in accordance with the conditions set forth herein and the driver expressly agrees to accept them. Unless otherwise stated, all sums of money specified in this Agreement shall be deemed to be in EUR.
1. GENERAL RENTAL AND USE OF THE VEHICLE.
1.1 The driver is the sole user.
Flosc and the driver are the only parties to this agreement. The driver is the sole renter and solely responsible for compliance with all terms and conditions contained in this Agreement. You understand that when you activate a Vehicle, the Vehicle may only be used by you. You must not allow others to use a vehicle that you have activated from the Site.
1.2 The driver is at least 18 years old.
The driver declares and confirms that he is at least 18 years old.
1.3 The driver is a competent driver.
The driver assures and confirms that he is familiar with the operation of the vehicle and has adequate expertise and physical fitness to drive the vehicle. Materials of the vehicle manufacturers can be found here. This information can be updated regularly. By deciding to use a vehicle, the driver assumes all responsibility and risks for injury or illness. You are responsible for determining whether conditions, including but not limited to rain, fog, snow, hail, ice, heat or thunderstorms, make the operation of a vehicle hazardous. It is recommended that you adapt your driving behaviour and braking distance to the weather, visibility, surroundings and traffic conditions.
Before commencing the journey, customers must independently check whether the respective authorised driver or authorised third party is fit to drive, is in possession of a valid driving licence within the territory of the Federal Republic of Germany, and the same applies to an authorised driver who leaves the vehicle to an authorised third party. If these conditions are not met, the respective person is prohibited from driving the vehicle. In addition, the customer must ensure that he can provide Flosc with information at any time as to who, as an authorised driver, used the vehicle and at what time. The customer is responsible for the actions of the authorized driver or the authorized third party as if they were his own.
1.4 The vehicle is the sole property of Flosc.
The driver agrees that the vehicle and the related Flosc equipment shall remain the sole property of Flosc at all times. You may not in any way dismantle, inscribe or otherwise modify, repair or damage any vehicle, part of a vehicle or other Flosc equipment. You may not in any way inscribe, remove or otherwise modify or deface the stickers on any vehicle. You may not use any vehicle or other Flosc equipment for advertising or other commercial purposes without the express written permission of Flosc.
1.5 The driver shall comply with the laws governing the use and/or operation of vehicles.
The Driver undertakes to comply with all laws relating to the use, driving, parking, loading and/or operation of the Vehicle, including all federal and state laws and the rules and regulations relating to vehicles in the area in which you operate the Vehicle, including all provisions relating to the wearing of helmets. The driver also agrees to act with courtesy and respect to third parties when using the Flosc Services. When driving abroad with the vehicle, the driver also undertakes to observe the locally prevailing rights and obligations, including all rules and regulations relating to the use of the vehicle. Any resulting penalties shall be borne by the driver.
1.6 Prohibited Actions.
The driver agrees to the following points:
Flosc recommends that you do not use the vehicle while carrying or holding a briefcase, rucksack, bag or other object that may alter the balance or interfere with the safe operation of the vehicle. If you choose such an item, Flosc recommends that you ensure that the item is close to your body and does not impair your ability to operate the vehicle safely.
Do not place heavy objects, such as heavy backpacks or bags, on the handlebars of the vehicle.
Do not use a mobile phone, text messaging device, portable MP3 player or any other device that could prevent you from operating the vehicle safely while driving a vehicle.
You must not operate a vehicle under the influence of alcohol, drugs, medications or other substances that could impair your ability to operate a vehicle safely.
Do not take a second person or child with you.
You may only use locking mechanisms provided by Flosc. Do not add another lock to the vehicle or attach a vehicle to anything else.
The vehicle must be parked in a permitted parking space and in an upright position using the side stand. The vehicle must not be parked without permission on a private property, in a locked area or in any other unauthorised, non-public area. You should not park the vehicle in heavily frequented areas if there is a risk of the vehicle being knocked over.
The vehicle must be parked in a visible area.
1.7 The vehicle is intended for limited use only.
The driver agrees not to use the vehicle for racing, uphill driving, stunts or tricks. The driver agrees not to operate and/or use the vehicle on unpaved roads, on water (beyond normal urban driving) or in any place that is prohibited, illegal and/or harassing to others. The driver agrees not to use the vehicle as a rental or reward, or in violation of any law, regulation or regulation.
1.8 Trips abroad.
The booked vehicle may be driven in the following countries in addition to Germany: Austria, Switzerland, Italy, Spain, Portugal, France, Croatia, Czech Republic, Slovenia, Slovakia, Hungary, Poland, Belgium, Netherlands, Denmark, Norway, Sweden, Finland, Estonia, Latvia, Lithuania, Greece, Liechtenstein, Luxembourg. A shipment to any country not listed here is expressly prohibited and is in individual cases only permitted with the prior, express and written consent of Flosc.
When travelling abroad, the customer is obliged to provide all necessary documents and safety accessories.
The risk resulting from an assignment outside Germany shall be borne in full by the customer, unless it is covered by the insurance to be taken out by Flosc in accordance with the booking. In such cases, the customer shall indemnify Flosc against any claims by third parties. The customer has to take actions to defend against such claims at his own expense.
In the case of claims abroad, the customer may have to pay the costs of claims settlement. These costs will be reimbursed by Flosc within the limits of the insurance to be taken out in accordance with the booking made by Flosc. In the event of an administrative offence committed abroad which is asserted against Flosc as the holder and for which Flosc is not responsible (e.g. parking offences, speeding offences, etc.), the administrative fine may be paid by Flosc and subsequently invoiced to the customer. Flosc will inform the customer about this in advance.
1.9 Weight and freight restrictions.
They must not exceed the maximum weight limit for the vehicle (90 kilograms).
2. Insurance and scope of insurance.
2.1 No abuse.
You may not modify the Flosc Services, attempt to gain unauthorized access, or otherwise use the Services as provided in this Agreement.
2.2 Notification of damage or accidents.
The driver must report any accident, fall, damage, bodily injury or stolen or lost vehicle to Flosc as soon as possible. If an accident causes personal injury, property damage or the vehicle is stolen, the driver must submit a report to the local police within 24 hours.
2.3 Scope of insurance.
Flosc concludes a liability and partial coverage insurance for the vehicle with a deductible of 150€ in favour of the customer. The General Terms and Conditions for Insurance (“AKB”) of the respective insurer apply.
According to the principles of partial coverage insurance, there is in particular no insurance cover for damage caused intentionally by the customer, the driver entitled to use the vehicle or third parties entitled to use the vehicle (“insurance loss”). In case of gross negligence Flosc is entitled, according to the principles of a partial coverage insurance, to reduce the insurance benefit in proportion to the severity of the customer’s fault (“benefit reduction”).
The booked mobility package is covered by liability insurance which complies with the provisions of the PflVG (Pflichtversicherungsgesetz). There is a sum insured of EUR 100 million for personal injury, property damage and pecuniary loss; the sum insured for personal injury amounts to a maximum of EUR 15 million per injured person.
The customer is entitled to claim liability insurance (e.g. damage to a third-party vehicle) and partial coverage insurance (e.g. in the event of theft or vandalism) for each claim. For each claim, the customer is obliged to pay the defined excess of 150€ for the partial coverage insurance (“excess”). In the case of damage amounts which do not exceed the respective excess of the partial coverage insurance in the individual case of damage, the customer shall bear the repair costs incurred directly. Repairs shall be carried out exclusively by Flosc.
2.4. Driver’s responsibility for use of and damage to the vehicle.
The driver undertakes to return the vehicle to Flosc in the condition in which it was hired. The driver is not responsible for normal wear and tear.
2.5 Traffic offences, fines and penalties
The driver undertakes to comply with all laws relating to the use, driving, parking, loading and/or operation of the vehicle, including all federal and state laws and the rules and regulations relating to vehicles in the area in which you operate the vehicle, including all provisions relating to the wearing of helmets. The driver also agrees to act with courtesy and respect to third parties when using the Flosc Services. When driving abroad with the vehicle, the driver also undertakes to observe the locally prevailing rights and obligations, including all rules and regulations relating to the use of the vehicle. Any resulting penalties shall be borne by the driver.
The customer shall ensure that in the event of traffic offences directly related to the vehicle, the necessary measures are taken vis-a-vis the regulatory authorities. Flosc reports the customer to the regulatory authority with the notice that the obligation to keep the vehicle has been imposed on the customer.
The customer indemnifies Flosc in case of traffic offences which are directly connected with the vehicle and which the customer fully exempts from all claims and costs (in particular warning and fines, logbook requirements according to § 31 a StVZO).
In this context, Flosc expressly points out special features of the Austrian and Swiss road traffic regulations, among others, which may lead to criminal prosecution of the organs of the licence holder in the event of infringements and non-compliance. The processing of hearings in administrative offences or criminal proceedings by Flosc will be charged separately to the customer with 10.00 EUR incl. VAT per individual case. The customer reserves the right to prove that Flosc has incurred a lower expense.
3. Electric vehicle.
The vehicle is an electric vehicle that requires regular charging of its battery to operate. The driver undertakes to use and operate the vehicle safely and prudently, taking into account the fact that the vehicle is an electric vehicle, and to observe all restrictions and requirements associated therewith. The driver understands and agrees with each of the following points:
The remaining battery power decreases with the use of the vehicle (both over time and over distance) and, with decreasing charge of the vehicle, the speed and other operational functions of the vehicle may decrease (or cease in their entirety).
The loading level of the vehicle at the time when the driver starts renting or operating the vehicle is not guaranteed and varies according to the use of the vehicle.
The extent of load loss during use of the vehicle is not guaranteed and varies depending on the vehicle, road condition, weather conditions and other factors.
It is the driver’s responsibility to check the load level in the vehicle and ensure that it is sufficient before the vehicle is put into service.
The distance and/or time the driver can travel with the vehicle before it loses load is never guaranteed. The vehicle may at any time during the rental period by the driver, even before reaching the destination requested by the driver, no longer have a battery charge and cease operation.
3.1. Charging the vehicle.
If the vehicle runs out of loading capacity during the rental period, the driver must terminate the journey in accordance with all the provisions of this contract. Alternatively, the driver may, at his discretion, charge the vehicle only by inserting a suitable charging cable approved by the manufacturer into a socket which can be lawfully used for this purpose. The driver undertakes to comply with all laws and regulations relating to the charging of the vehicle, including all state and local laws and all public and private rules and regulations relating to the area and property in which the driver charges the vehicle. The driver agrees that he is responsible for all costs, fees, expenses, penalties and fines associated with charging the vehicle and that Flosc will not refund them to the driver. The driver agrees to be responsible and liable for all claims, expenses, claims, damages, costs, penalties, etc. arising out of the improper loading of the vehicle. Flosc and the parties associated with Flosc shall not be liable for any damage resulting from improper loading, without prejudice to the provisions of the Product Liability Act and the liability provisions referred to in Section 15.
4. Payments and fees.
4.1. Terms of payment.
The driver can use the vehicle on the basis of the subscirpiton fee (monthly package price), and/or according to the pay-per-use base prices described in the mobile application (app) of Flosc, if this exceeds the free kilometers. As a rule, fees and other charges are subject to applicable local government taxes and other levies which may be levied and collected by Flosc. Flosc will charge the driver (by credit or debit card or any other agreed payment method) the amount of the fees described in this Agreement. The Payment Service Provider will forward the Customer’s payment to the Provider. For more information, please visit the payment service provider’s website. Customers may only set off claims against the payment claim of the Provider against claims undisputed by the Provider or legally established against the Provider. This does not apply if the customer’s claim has arisen from a claim in kind entitling the customer to refuse performance. Customers may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
Promo codes (discounts) are unique offers and can only be redeemed via the Flosc App. Flosc reserves the right to change or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are not transferable and may not be resold. When paying by credit card, the customer must be the legitimate cardholder.
4.3 Minimum rental period and fees.
The minimum rental period is 3 months. The driver agrees that he/she will use the vehicle rental for at least 3 months from the time the vehicle is taken over at the stated prices. The driver can then cancel the contract flexibly. The rental period can be terminated by either party at the earliest at the end of the minimum term, subject to a notice period of 4 weeks. A cancellation can be submitted in text form (postal or electronic) or directly within the Flosc App. A tacit extension of a cancelled rental is excluded. This applies also and especially in case of late return of the vehicle after the end of the contract period; § 545 BGB is not applicable. The driver agrees that he/she is solely responsible for being aware of the elapsed time in connection with the timely locking of the vehicle. The driver will be charged monthly, at the end of each month, for any exceeding of the free mileage.
4.4 Valid credit or debit card.
To register to use the Flosc Services, the driver must provide a valid credit or debit card number and expiration date. The Driver declares and warrants to Flosc that he/she is entitled to use any credit or debit card he/she provides to Flosc. The driver authorises Flosc to debit the card with any charges incurred by the driver. All fees are subject to applicable sales taxes and other local government levies which may be levied and collected by Flosc. If the Driver contests a charge on the credit or debit card account, he/she must contact Flosc within 10 working days of the end of the month with the contested charge and provide Flosc with all travel information necessary to identify the contested charge, such as the date of the trip and the approximate mileage in relation to the contested charge. The driver undertakes to inform Flosc immediately of any changes related to the card.
If a payment cannot be successfully collected from the specified account or if the monthly fee is not paid on time (“default”), Flosc may, at its own discretion, demand a security deposit of up to EUR 2,500.00 from the customer to secure future claims. This security deposit must be paid no later than 10 days after the first request for a security account designated by Flosc, unless the customer proves that he is not responsible for the default (“case of default”).
5.1 Safety review.
Before each use of the vehicle, the driver must carry out a basic safety check of the vehicle, including the following points: (i) Flawless wheels; (ii) Safe operation of all brakes and lights; (iii) Good condition of the frame; (iv) Sufficient battery charge; and (iv) Signs of damage, unusual or excessive wear or other obvious mechanical problems/maintenance requirements. The Driver undertakes not to use the Vehicle if it has any noticeable defects and to immediately notify Customer Service to inform Flosc of any problems that may arise.
5.2 Lost or stolen vehicle.
A vehicle may be considered lost or stolen if (a) the vehicle is returned within a reasonable period after termination, (b) the GPS unit of the vehicle is deactivated, (c) other facts and circumstances suggest to Flosc, in its reasonable, bona fide judgment, that a vehicle has been lost or stolen. If Flosc deems a vehicle lost or stolen, Flosc shall be entitled to take any action Flosc deems appropriate, including (without limitation) obtaining refunds and other reasonable compensation and damages, and filing a police report with local authorities. The Driver agrees that the data generated by Flosc’s computer constitutes clear evidence of a driver’s use of a vehicle. The driver undertakes to report the loss or theft of the vehicle to Flosc immediately or as soon as possible.
5.3 Helmets; Safety.
Flosc recommends that all riders wear a helmet approved in Germany which has been dimensioned, mounted and fastened in accordance with the manufacturer’s instructions. Flosc and any other Released Persons (as defined in Section 1) do not warrant or guarantee the quality or safety features of a helmet and the Rider agrees that none of the Released Persons shall be liable for any injury to the Rider while using any of the Flosc Services, whether or not the Rider is wearing a helmet at the time of the injury. The rider bears all risks of not wearing a helmet or other protective equipment. The rider may be required to take additional safety or precautionary measures that are not expressly dealt with in this Agreement.
5.4 Vehicles routes.
The driver agrees that Flosc does not provide or maintain any places to drive vehicles and that Flosc does not guarantee that there will always be a safe place to drive a vehicle. Roads, sidewalks, lanes and vehicle paths can become dangerous due to weather, traffic or other risks.
5.5 Restrictions on vehicle rental.
The driver agrees that Flosc is not a transport company. Alternative public and private means of transport are available to the general public and the driver, including public buses and trains, taxis and pedestrian routes. Flosc provides vehicles only as a convenience and the rental is intended only for persons who are able and qualified to operate a vehicle independently and who have agreed to all the terms of this Agreement.
5.6 Restrictions on the availability of Flosc Services.
Flosc will endeavour to provide Flosc Services 365 days a year but does not guarantee that the Flosc Services will be available at all times as unforeseen events or other circumstances may prevent Flosc from providing Flosc Services. Flosc assumes no responsibility or warranty for the availability of any of the Flosc Services.
If the customer is a consumer, he is entitled to revoke his contractual declaration. Information about the conditions of the exercise and the legal consequences of the revocation of the rent and the purchase can be found in the separate revocation instructions, to which reference is made here. In the event of revocation by the customer, the provider reserves the right to use a different means of payment for the repayment of the amount to be paid to the customer than the one used by the customer for the payment.
7.1 Termination by Flosc.
Flosc may unilaterally terminate the driver’s right to use the Flosc Services at any time without the driver’s consent, at its sole discretion and without notice or cause. The Driver may terminate the use of the Flosc Services at any time provided that (i) no refund is made by Flosc, (ii) the term of this Agreement will continue in accordance with this Agreement and (iii) the Driver will continue to be charged any applicable additional charges in accordance with this Agreement. This Agreement shall remain in full force and effect in accordance with its Terms and Conditions after each termination of the Driver’s right to use any of the Flosc Services, regardless of how the Agreement is terminated.
8. Scooter return.
The customer receives a fully prepared return label upon delivery. In the case of a return, the goods only need to be packed, the label applied and delivered to one of approx. 28,000 DHL delivery points or given to the DHL deliverer. As an option, the customer can have the DHL return collected from the customer via the individual pick-up order.
After the minimum term of three months, the customer can cancel at any time via e-mail or in the Flosc App. The return transport takes place as follows:
- The customer will prepare the vehicle with all accessories in the original packaging with appropriate return label.
- If the vehicle is taken back, Flosc will carry out a “take-back check”.
- This will be made available to the customer before the booking is completed.
You can contact Flosc by e-mail at firstname.lastname@example.org.
9. Choice by law; settlement of disputes.
If the customer is a consumer, the following notice applies: The European Commission offers a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/ . Grover is neither willing nor obliged to participate in dispute resolution proceedings before consumer redress bodies.
This Agreement shall be governed by, construed and enforced in accordance with German law. (i) The defaulting party shall be entitled to its costs, expenses and reasonable attorneys’ fees (whether in court of first instance, on appeal or otherwise) incurred in resolving or settling the dispute, in addition to any other damages or remuneration to which the party is entitled. (ii) Each party agrees to the jurisdiction of the courts located in Germany and further agrees that such courts shall have personal jurisdiction over each party; (iii) The place of jurisdiction shall be Munich, Germany.
The provider is entitled to make changes to the GTC at any time unless essential provisions of the contractual relationship (in particular type and scope, duration, termination) are included. The customer shall be notified of the amended terms and conditions in text form at least six weeks before they come into effect. The changes shall be deemed approved if the customer does not object to them within six weeks of receipt of the notification. The provider shall inform the customer separately of the possibility of objection and compliance with the deadline. If the right of objection is exercised, the changes will not become part of the contract and the contract will be continued unchanged. The right of termination remains unaffected.
11. Voluntary execution of this agreement.
This Agreement is made voluntarily, with deliberation and without compulsion or undue influence on the part of or on behalf of Flosc. The User acknowledges that he (a) has read this Agreement; (b) understands the terms and conditions of this Agreement, including the materials contained herein; and (c) is fully aware of the legal and binding effect of this Agreement.
12. Final provisions.
Should individual provisions of the GTC be invalid, this shall not affect the validity of the remaining GTC. If the customer is a merchant within the meaning of the German Commercial Code, the place of jurisdiction for all disputes arising between the customer and the provider shall be Munich. The provider is entitled to transfer the rights and obligations arising from the contract with the customer in whole or in part to another company. Should a transfer take place, the customer will receive a notification from the provider. It also specifies a period within which the customer can terminate the contract and demand the deletion of the customer account if he does not agree with the transfer.