WiFicandy eScooter Rental Agreement

 

This agreement “Agreement” sets forth the legally binding terms and conditions for Your use of the Services provided by WiFicandy. The purpose of this Agreement is to regulate the Services provided by WiFicandy, which is to offer electrical scooters to people who book through the WiFicandy website.

 

For Your use of the Services, WiFicandy requires that You (“You”) agree to all terms and conditions in this Agreement, as applicable.

 

“Agreement” means this agreement.

 

“eScooters” means the WiFicandy electrical scooters.

 

“Services” means the eScooters, Website and its related services as described in the Website and made available through the Website, together with any other related equipment services, and information made available by WiFicandy.

 

“Website” means the WiFicandy website www.wificandy.ie 

 

Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Euro (€).

1. GENERAL

1.1 Parties to the Agreement. You and WiFicandy are the sole parties to this Agreement. You are the sole user of the Services and thereby You are solely responsible for compliance with all terms and conditions set out in this Agreement. You must not allow any others to operate the eScooter.

 

1.2 You are at least 21 years old.

You represent and certify that You are at least 21 years of age.

 

1.3 You are fit and healthy to operate the scooter in a safe manner.

You hereby represent and certify that You are physically fit and reasonably competent to operate the eScooter. You assume all responsibilities and risks for any injuries or medical conditions when choosing to operate the eScooter.

 

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 can generate any risk to operate a eScooter. You understand that you, depending on weather, traffic or any other circumstance, uncertainty or other factors, must adjust, adapt and calculate Your speed, riding behavior and braking distance.

 

You acknowledge that You shall conduct a basic safety check of the eScooter, including an inspection of the eScooters wheels, brakes, lights, frame, battery level, check for visual damage and any unusual or excessive wear of any kind. You agree not to operate the eScooter if there are any noticeable issues, and to immediately notify WiFicandy.

 

1.4 The Services is the exclusive property of WiFicandy.

You agree that the Services, e.g. the eScooter, the Website, information including all associated intellectual property rights, provided and made available by WiFicandy, at all times, remain the exclusive property of WiFicandy and You may not in any way use WiFicandy’s exclusive property for commercial or any other purposes without WiFicandy’s written consent.

 

1.5 Availability of the Services.

You accept and acknowledge that the eScooters are not available for more than 3 days unless you want to extend the rental period. 

eScooters must be rented within the maximum rental time of 9 days. The number of eScooters are limited and eScooter availability is never guaranteed. Availability may differ between different Usage Areas. You accept that WiFicandy temporarily may cease operations in some Usage Areas, and thereby limit or nullify the availability of the eScooters, due to seasonal conditions in that Usage Area, as well as reasons such as, but not limited to, maintenance and demand.

 

Access to the Services may also be limited or restricted due to seasonal conditions, maintenance, availability of eScooters, force majeure, actions taken by WiFicandy, and other circumstances preventing WiFicandy from providing the service.

 

You accept that WiFicandy may require You to return the eScooter at the same time when you first collected it.

 

1.6 eScooter may only be operated in certain areas.

You agree that WiFicandy does not provide or maintain places to operate eScooters, and that WiFicandy does not guarantee that there will be a safe place to operate a eScooter. You understand that roads, sidewalks/footpaths and bike lanes may not be suitable to operate the eScooter and may become increasingly dangerous due to weather, traffic, and/or other hazards.

 

1.7 You agree to comply with local laws and regulations regarding operation of the eScooter.

You agree to operate, and deactivate the eScooter in compliance with any locally applicable laws, regulations and rules of the road, pertaining the operation of eScooters in the Usage Area where you are operating the eScooter. You understand that you are solely responsible and liable for any violation of any laws, regulations and rules while using the Services and operating the eScooter.


 

1.8 Restrictions, limitations and safety measures while operating an electronic scooter.

You agree to not operate the eScooter while carrying any items that might impede Your ability to safely operate the eScooter, including but not limited to, backpacks, bags, briefcases or packages.

 

You are not permitted to carry a second person, child or animal on the eScooter.

 

While riding a eScooter, You must not use any mobile device, including but not limited to, telephones, text messaging devices, media players, or other device(s) that may distract You or impede You from safely operating the eScooter.

 

You agree not to operate a Scooter while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely operate a eScooter.

 

You may not in any way lock or hide the eScooter. When the eScooter is returned and deactivated, the eScooter must be fit for immediate operation by other users.

 

WiFicandy recommends that You should wear the helmet and the reflective vest provided upon collection at all times when operating the eScooter.

 

You agree that neither WiFicandy nor the Released Persons are liable for any injury or death suffered by You while using the Services, whether or not You are wearing a helmet at the time of injury.

 

You expressly acknowledge and agree that You may need to take additional safety measures or precautions not specifically addressed in this Agreement, and You expressly acknowledge and agree that determining whether You must do so is Your sole responsibility - not WiFicandy’s responsibility.

 

You may never exceed the maximum weight of 100 kg (kilograms) while operating the eScooter. The maximum weight includes all luggage or other items carried by You in compliance with this Agreement.

 

You agree that You will not use the eScooter for competitions, races or equivalent events, including both professional and non professional stunt or trick riding.

 

You agree that You will not operate the eScooter on unpaved roads, in mountainous terrain, through water and/or ponds, or in any location that is prohibited, illegal and/or a nuisance to any third party.

 

If at any time, whether prior to, during, or after riding the eScooter, You discover any defect or notice any other potentially unsafe condition on the eScooter, no matter how slight, You must not use the eScooter, or, if You are already riding the eScooter, You must immediately cease riding when it is safe to do so. 

 

1.9 Unauthorized use, tampering and hacking.

You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair, any WiFicandy material or hardware, source-codes, information, including the Website and eScooter, for any purposes. The WiFicandy Website and the eScooter may only be used for the purposes pursuant to this Agreement.

 

1.10 Reporting incidents.

You must report any accident, crash, damage, personal injury, stolen or lost eScooter, to WiFicandy as soon as possible.

 

If a crash involves third party personal injury, property damage, or any other third party damages, You shall report the incident to the local police department as soon as possible. This also applies if the eScooter is stolen while activated by You.

 

1.11 Lost or Stolen eScooter.

An eScooter activated by You may be considered lost or stolen if the eScooter is not returned in accordance with this Agreement within the specified returning time, (2.) other facts and circumstances that in good faith and with reason suggest that a eScooter has been lost or stolen.

 

You must report eScooter disappearance or theft to WiFicandy immediately or as soon as possible.

 

WiFicandy and You agree that you the hirer is fully responsible for the scooter for loss or damage to the scooter from the start of the hire period to the end of the hire period. The hirer is fully responsible for the safe operation of the scooter and accepts total liability for loss, damage or injury to yourself or any member of the public or any third party.

 

If WiFicandy deems an eScooter lost or stolen, WiFicandy shall have the authority to take any and all actions it deems appropriate towards You, the last operator of a eScooter, the eScooter or other applicable subject. Actions may include, but are not limited to, obtaining restitution and other appropriate compensation (damages), and filing a police report with local authorities.

 

1.12 Responsibility for damages.

You agree to return the eScooter to WiFicandy in the same condition in which it was rented.

 

You agree that You are responsible and liable for any misuse, consequences, claims, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, or disbursements of any kind or nature whatsoever related to a stolen or lost eScooter.

 

1.13 Electric vehicle.

You acknowledge that eScooter is an electric vehicle that requires being handled safely and prudently in regards to being an electronic product. You acknowledge that the eScooter is in need of periodic charging in order to operate. You understand and agree with each of the following:

The battery level remaining in the eScooter will decrease with operation of the eScooter, and that operational capabilities and speed may decrease or cease in their entirety as the level battery level decreases.

WiFicandy does not guarantee any battery level in the eScooter at the time you activate it. You also understand that the battery level will vary with each rental.

The decrease rate of the battery level may vary and differ from time to time due to different factors such as eScooter and battery condition, weather conditions, road conditions and/or other varying factors.

It is Your responsibility to check the battery level in the eScooter to ensure that it is adequate before initiating operation of the Scooter.

Any distance, speed and/or time that You may operate the eScooter before power level is null is not in any way guaranteed by WiFicandy. WiFicandy does not guarantee that the eScooter will not run out of power during Your rental.

If the eScooter is rented for 24 hours or 3 Days, You must fully charge the battery of the eScooter overnight so it is ready for the next customer.

 

2. PAYMENT,  FEES, CANCELATIONS AND REFUNDS

 

2.1 Fees.

Your rental of the eScooter is on a hourly or daily rental basis or as otherwise in accordance with the pricing as described in the WiFicandy website. In each case, fees and other charges may be subject to applicable taxes and government charges, which may be charged and collected by WiFicandy. WiFicandy will charge Your credit or debit card or other agreed payment methods the amount of the fees as described in this Agreement.


 

2.2 Add-On Insurance

The Add-On Insurance is optional and only covers the following:

Any scratches or stains to the helmet, reflective vest, advertising stickers or on the eScooter itself.
Loss, theft or damages to the wifi router or the battery charger.
This insurance doesn't cover for any damages or loss/theft of the eScooter.


 

2.3 Security Deposit
Whether you have selected the Add-On Insurance or not WiFicandy will also hold on a security deposit of €350 which will be frozen on your visa/debit card until WiFicandy receive the eScooter back and make sure that no damages are done to it.
In case of damages we will be required to hold partial or full amount depending on the scale of the damage.


 

2.4 Discounts and promotion codes.

Promotion codes (discounts) are one-time offers and can only be redeemed via WiFicandy Website. WiFicandy reserves the right to modify or cancel discounts at any time without notice. Discounts may be limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold or refunded.

 

2.5 Charges and rental times.

The maximum amount of days per rental of the Scooter is 3 days. You agree that You will return the scooter after the agreed period of rental has passed. You may extend the rental period but you need to first contact WiFicandy if there is availability.

You acknowledge that You are solely responsible for returning the eScooter within the agreed period of hire time frame. eScooters not returned at the end of the agreed period of hire will be considered lost or stolen, and You may be charged up to €650. WiFicandy may also file a Garda/Police report. WiFicandy may also charge a service fee of €250 for rentals in excess of the agreed hire period where the eScooter is not lost or stolen.

 

2.6 Payment methods

You must provide WiFicandy a valid credit or debit card in order to register to use the Services. You agree to allow WiFicandy to use any credit or debit card information You provide. You authorize WiFicandy to charge the provided card for all fees or late penalty charges that You incur. All fees are subject to applicable taxes and other local government charges, which may be charged and collected by the WiFicandy agent.

 

In order to dispute any and all charges by WiFicandy to the credit or debit card provided by You, You must contact WiFicandy within 2 weeks from the date of the disputed charge, provide to WiFicandy any information WiFicandy finds necessary, such as the date of the trip and the approximate starting and ending times of the hire and hirers details.

 

You agree to without any delay to inform WiFicandy of all changes related to the card which you provided during your booking to WiFicandy.

 

2.7 Recovery fees.

If You are unable to return a eScooter, and request that the eScooter be recovered by WiFicandy staff, WiFicandy, at its sole discretion, may choose to charge You a recovery fee up to €100. If any eScooter rented under Your booking is abandoned without notice, You will be responsible for all trip fees until the eScooter is recovered, plus a service charge (currently €100) to recover the eScooter and legal fees. All fees are subject to change.

 

2.8. Cancelations and Refund Policy

If an order is cancelled 1 week in advanced of the collection date, WiFicandy will provide full refund but will keep the transaction fees.

If an order is cancelled 48 hours before collection date, WiFicandy will keep 20% of the order value + transaction fees.

If an order is cancelled 24 hours or on the exact day of the collection date, WiFicandy will keep 50% of the order value + transaction fees.

Refunds may take up to 10 working days to be fully processed. 

 

3. DISCLAIMERS, LIMITATION OF LIABILITY AND ASSUMPTION OF RISK

 

3.1 Disclaimers

You do hereby acknowledge and agree that Your use of the Service and operation of the eScooters is at Your sole risk. WiFicandy provide the Services with no warranties whatsoever in regards to the Services or use of the scooters.

 

You accept full responsibility for the condition and operation of the eScooter and accept that the eScooter was given to you in good working order and mechanically in sound condition.


 

3.2 Limited liability

You do hereby acknowledge and agree, with the limitation of applicable law, that WiFicandy is not responsible or liable for any claim that arise out of or relate to Your use of, or inability to use the Services, a breach of this Agreement, or Your violation of any law while using the Services.

 

3.3 Your Assumption of Risk.

You are solely and fully responsible for the safe operation of the eScooter at all times.

 

You agree that eScooters are electric machines that may malfunction, even if the eScooter is properly maintained, and that such malfunction may cause injury. You agree that riding a eScooter and the Services involve many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted. You agree that such risks, dangers, and hazards are Your sole responsibility, including, but not limited to, choosing whether to wear a helmet as required by local law or utilize other protective gear. You agree that if Your use of any of the Services causes any injury or damage to another person or property, then You will be liable for all resulting injuries, damages, and related costs. By choosing to operate a eScooter, You assume full and complete responsibility for all related risks, dangers, and hazards, and You agree that WiFicandy are not responsible for any injury, damage, or cost caused by You with respect to any person or property, including the eScooter itself.

 

3.4 Indemnification.

You will indemnify WiFicandy free from all losses, injuries, claims or other proceedings arising out of or relating to Your use of the Services and any breach of the terms of this Agreement. You agree to take full responsibility for all incidents, accidents or injuries while operating the scooter.

 

4. PRIVACY

By using the Services, You acknowledge and accept that WiFicandy use Your personal data in accordance with the WiFicandy Privacy Policy, made available at www.wificandy.ie/privacypolicy

 

5. TERM AND TERMINATION

 

5.1 Term.

The term of this agreement enters into force between You and WiFicandy from the first time You use the Services provided by WiFicandy and is in force for as long as You use the Services provided by WiFicandy, and the term ends at the end of the agreed hire period.

 

5.2 Termination of contract by WiFicandy.

WiFicandy may at any time and for any duration unilaterally terminate Your right to use the Services, without Your consent and without any notice or cause.

 

You may terminate Your use of the Services at any time; provided, however, that (1.) no refund will be provided by WiFicandy, (2.) the term of this Agreement continues in accordance with this Agreement, (3.) You may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Service, regardless of how the Agreement is terminated.

 

6. DISPUTES.

Any and all disputes regarding this Agreement shall be made in written form to the contact information given in Article 7 below.

 

7. CONTACT.

WiFicandy can be contacted by emailing hello.wificandy@gmail.com.


 

8.  GOVERNING LAW AND JURISDICTION

You agree that any disputes arising out of or relating to the Agreement, the breach thereof, or the subject matter thereof, unless otherwise required by a mandatory law in any other jurisdiction, shall be governed by the laws of Ireland and be settled exclusively by Irish courts, with the Dublin District Court as the court of first instance.

 

9. FINAL AGREEMENT AND MODIFICATIONS

You acknowledge that this Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, WiFicandy may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any prior notice or cause. By continuing to use any Service after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. The pricing set forth on in the WiFicandy website supersedes all pricing set forth in this Agreement.

 

10. 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 be exclusive in its meaning. “Including” means “including, but not limited to.”

 

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