Version: Entered into force on 2025/08/01
Languages and country of application: Applicable in South Africa Available in English.
Service Manager: SKUTA E-SCOOTERS (PTY) LTD, South African Company Reg No: 2025/046919/07
14 Weenen Street, Hartenbos,
Mossel Bay, South Africa
Contact information: info@skuta-e-scooters.com
Customer Support Chat in the Application
Postal address of the registered office.
GENERAL CONDITIONS REGULATING ACCESS TO AND USE OF THE SHARED VEHICLE MOBILITY SERVICE SKUTA
I. DEFINITIONS AND PURPOSE
1.1. Definitions
In this document, the terms below shall mean the following:
1.2. Purpose
1.2.1. This document contains the General Contracting Conditions (hereinafter, “GCC”) regulating the contractual relationship between SKUTA and any User who has registered in the SKUTA Application, and contracts the SKUTA Service at any time.
1.2.2. Acceptance of these GCC, which are contractual in nature, is an essential prerequisite for SKUTA to provide the service and for the Service to be used by any User.
When registering in the SKUTA Application, the User will have to accept these GCC before being able to contract and use the Service provided by SKUTA. There is no need to physically sign the proposed GCC: by clicking on the key set up for this purpose in the SKUTA Application, the User is considered to have signed and accepted these GCC governing the contract binding them with SKUTA for all purposes.
Completing the registration process in the SKUTA Application to access the Service means accepting these GCC and consequently the application of these clauses to each Service provision that the User subsequently requests from SKUTA, when reserving and renting any vehicle in the SKUTA Application.
1.2.3. After accepting the GCC and completed the registration process in the SKUTA Application in accordance with the provisions of Section 2.1. below, a copy of this contractual document will automatically be sent to the User via email for their files, and the User explicitly accepts this way of sending the contract and the type of contractual support.
1.2.4. Not using the Service for a certain period of time does not mean that these GCC cease to be applicable except in cases in which the User explicitly requests to be removed from the SKUTA Application with a permanent cancellation of their account, in accordance with the provisions of Section 2.3. below; or (ii) modification of the GCC as set out in Section 1.2.5 below.
1.2.5. SKUTA reserves the right to amend any provision in these GCC at any time. Each User shall automatically be notified of any amendment in these GCC for their approval via the SKUTA Application. The new version of the GCC shall be applicable to all the Services contracted by the User after their acceptance of this new version (unless in case that by law or decision of the competent body appropriate changes must be applied retroactively), and a copy of the amended contractual document shall automatically be sent to the User under the same terms as the previous version.
1.2.6. The version of these GCC in force at any time is also available on the SKUTA Application, as well as on the SKUTA Website. The document heading refers to the date it enters into force, and any amendments compared to the previous version of the document shall be highlighted in colour to help the User locate them (except modifications of structure, format or comprehension).
1.2.7. These GCC include the following annexes, which shall be an integral part of them:
• Annex I - Prices per minute by cities;
• Annex II - Table of damages and penalties;
• Annex III - Guide to handling accident reports and photos of the end of the ride;
• Annex IV - List of compulsory training offers; and
• Annex V - Withdrawal Form
1.2.8. The User is asked to carefully read these documents before accepting the GCC and contracting the Service, since they are pledging to comply with each of the terms contained herein.
1.3. General Description of the Service
1.3.1. Service and registration
1.3.1.1. SKUTA offers its Users a transportation Service which allows them to access and use the electric vehicles in its fleet for a certain amount of time via its Application.
By registering in the SKUTA Application, the User becomes part of a group of Users of SKUTA vehicles, which will enable them to use any vehicle in the SKUTA fleet that is available at the time of the reservation, thus occasionally contracting driverless vehicle rental services.
Registering in the SKUTA Application will allow them and give them the right to check which vehicles are available in the geographic region where they are located, and therefore to reserve and use any vehicle that is listed as available in the SKUTA Application if they wish, in accordance with these GCC.
1.3.1.2. Excluding the periods when the User is effectively renting and using a given vehicle, and unless they have contracted a Plan in accordance with the provisions of Section 4.3.2 below or signed a specific long-term rental contract with SKUTA, the User will not have the permanent right to use the vehicles in the fleet that SKUTA owns.
1.3.2. Vehicles
1.3.2.1. SKUTA offers access to electric mopeds in the cities where it operates, but it does not guarantee its Users the availability of any specific number of vehicles. The number of vehicles will vary according to the region, the applicable laws and even the way the Users as a group are using the vehicles at any time.
SKUTA reserves the right to decide on the number of vehicles that it makes available at all times in each geographic region, as well as the times when its Service is operating, and it makes this information available in real time on the SKUTA Application.
1.3.2.2. The rules applicable to the rental and use of SKUTA vehicles vary depending on the laws applicable to them, as reflected in these GCC.
1.3.2.3. The vehicles available, as well as the cities where SKUTA operates, are always available for consultation in the Application, on the SKUTA Website, and in Annex I - Prices per cities of these GCC.
1.3.3. Availability
1.3.3.1. SKUTA offers its Service at certain times, which differ according to the cities where it operates and as stated at all times in the SKUTA Application. Even though the Service is offered in any reference city all year round, twenty-four (24) hours a day and seven (7) days a week, SKUTA always reserves the right to close access to its Service and to reduce or eliminate its fleet and/or the geographic region of the Service whenever it deems opportune, as in the following situations but not limited to: (i) the existence of holidays, either national or local; (ii) demonstrations and/or events held in the public space; (iii) maintenance or actions to resolve technical incidents in the SKUTA Application and/or vehicle fleet; and/or (iv) in fulfilment of any applicable regulation or an injunction by any authority.
1.3.3.2. Affected Users shall be immediately notified of the closure of the Service, or substantial changes in the Service Zone provided via the SKUTA Application; they may not rent any vehicle, that is, contract any Service, during the time when it is closed, or to do so they will have to respect the new Service Zone defined by SKUTA. Notwithstanding the above, SKUTA recommends consulting the destination point before starting the Service in order to check if it is in an area where the trip can be completed.
II. USE OF THE SKUTA APP
2.1. Registering and creating a User account
2.1.1. The information required
2.1.1.1. In order to contract the SKUTA Service, each User has to previously download the SKUTA Application onto their smartphone and create a User account.
2.1.1.2. To create an account, the User must provide the following information:
(i) Personal email address;
(ii) Date of birth;
(iii) Personal home address;
(iv) Reference city where they initially want to use the SKUTA Service (if so requested);
(v) Contact phone number;
(vi) Copy of national ID card or passport;
(vii) Copy of driver’s license, in accordance with Section 3.4.2.;
(viii) Detailed information on a credit card in accordance with the provisions of Section V of these GCC Registration may be completed without providing this information but must be provided before starting a trip; and
(ix) Photograph of the User’s face (“selfie”), for the purpose of verifying that the User is the holder of the documents provided.
2.1.1.3. SKUTA processes Users’ personal information within the framework of the Service provision outlined in the SKUTA Privacy Policy, which shall be subject to the User’s agreement in accordance with the applicable laws before providing any personal information to SKUTA. The version of this Privacy Policy in force at all times shall also be available on the SKUTA Application as well as at the bottom of the SKUTA Website.
2.1.1.4. The SKUTA Application allows users who so wish to create a account using data that they have already registered in other Apple and Google applications in accordance with the terms and conditions of service applied by those third parties.
2.1.1.5. The User registration process is considered completed and properly done once the User has received a confirmation email from SKUTA with a copy of these GCC attached.
2.1.2. Truthfulness and currency of the information provided
2.1.2.1. The User guarantees the truthfulness of the information they provide to SKUTA when creating an account in the SKUTA Application and pledges to maintain this information duly updated at all times.
2.1.2.2. The driver’s license provided by the User to use the vehicles they need must not only fulfil the provisions of Section 3.3.2. below but must also be current, valid, and not subject to any suspension, revocation, or recall.
2.1.2.3. Likewise, the National Identity Document (DNI in Spain, ID Card in France) or equivalent document (if the User is a citizen of a country other than Spain or France) provided to SKUTA must be current and not expired.
2.1.2.4. If after registering in the Service, the User renews their driver’s license, National Identity Document, or similar document, or if they change their phone number, postal address, or any other information they entered when registering on the SKUTA Application, the User is obligated to update those documents or information by notifying SKUTA via the SKUTA Application as soon as possible, and in any case before contracting another SKUTA Service.
2.1.2.5. Notwithstanding the User's obligation to update their data, SKUTA reserves the right to request Users to update the data provided upon registration in the SKUTA Application, either occasionally or periodically, in order to check the updating and veracity of such data, and may block or delete the User's account if the User refuses
to comply with the request made to that effect and even apply the penalty established in Annex II - Table of damages and penalties if the breach is part of an administrative penalty procedure.
2.1.3. The personal and unique nature of each account
2.1.3.1. Each User account is personal and unique. The access data for each account is personal and non-transferrable.
2.1.3.2. In order to avoid duplications, Users shall not register by opening a second account in the SKUTA Application if they have not permanently deleted their other account/s.
2.1.3.3. Users are explicitly forbidden from allowing a third person to use their account by either sharing their password or contracting a Service in their name while allowing a third party to use the vehicle instead of the User. Furthermore, the transfer of the account by means of modifying and/or replacing the personal data (including documents) of the account holder with those of a third party is expressly prohibited.
2.1.3.4. Notwithstanding the foregoing, any Service contracted via an account will be understood to have been contracted by the holder of that account, the latter being liable to SKUTA in the event of non-compliance and use of the vehicle by a third party at its own expense.
2.1.3.5. Users are recommended not to share and to protect the confidentiality of their own account, and Users pledge to notify SKUTA immediately if their personal data or mobile telephone has been stolen, as well as of any improper use of their SKUTA account by third persons, via the Customer Support Chat or, failing that, via an email using the SKUTA Email Address.
2.1.4. Right to delete, block, or reject SKUTA accounts
2.1.4.1. SKUTA reserves the right to block, delete or deny an account created by Users in the following particular cases: (i) detecting falsehoods or fraudulent use (or indications thereof) in the data and provided by the Users, regardless of the reason (manipulation, failure to update, mistake, etc.), including payment methods; (ii) detecting invalid, outdated and/or incorrect documentation and/or data ; (iii) use of a User’s account by a third party, even if a family member or with the User consent, and/or holding more than one active personal account; (iv) violations of the applicable rules of the road, including parking regulations; (v) detect inappropriate behaviour on the part of the User (disrespect, insults and threats, improper or obscene photos, blackmail or harassment, abuse of the service, etc.); (vi) repeated abandonment and/or parking of vehicles outside the Service Zone (or the Mandatory Parking Zone) or in Unauthorized Parking Zones or Restricted Circulation Zones, as well as excessive accumulation of automatic trip terminations (“autofinish”) ; (vii) having been expelled by any other operating company due to misuse of the service; (viii) use of the Service under the influence of alcohol, drugs and/or any prohibited substances, or refusal to undergo tests by a competent authority; (ix) registration or use of the service by minors; (x) failure to comply with these GCC; or (xi) if any authority asks SKUTA to do so.
2.1.4.2. In this case, SKUTA will notify the User of this decision by informing them of the deletion process of any personal data associated with the account in accordance with the provisions of the SKUTA Privacy Policy.
2.2. Rules on using the SKUTA Application and license
Notwithstanding the rules on how to use different vehicles according to their type, as outlined below in these GCC, Users’ use of the SKUTA Application itself is subject to rules, namely:
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2.2.1. Having a personal User account activated
2.2.1.1. Regardless of the SKUTA service they wish to contract, an essential prerequisite is for the User to have a single User account that fulfils these GCC in the SKUTA Application at the time they contract it.
2.2.1.2. Furthermore, in order to make Users aware of the need to respect road safety rules and, in particular, parking rules, in line with the principles of courtesy and prudence that enable the peaceful sharing of public spaces, SKUTA requires the User, in specific terms, before using the Service for the first time, to read and accept the responsible declarations and visual guides relating to these topics.
2.2.2. Being of legal age
2.2.2.1. Only physical persons aged eighteen (18) or older, that is, physical persons of legal age, may use the SKUTA Application, and consequently contract the service, regardless of the type of vehicle.
2.2.2.2. With regard to legal entities, they may only contract SKUTA Services in accordance with the provisions of the SKUTA Business General Contracting Conditions. These Conditions reflect the specific conditions applicable to any legal entity that wishes to contract SKUTA Services, knowing that the basic requirement will continue to be that the driver of any SKUTA vehicle must be the holder of a personal User account and be legally of age (i.e. to be registered as an individual User and not through an account held by the legal entity).
2.2.3. Meeting the conditions of the SKUTA Application Use License
2.2.3.1. By accepting these GCC, SKUTA grants the User a personal, limited, revokable, nontransferrable, and non-exclusive license to use the SKUTA Application as strictly necessary to provide the Services.
2.2.3.2. The rights to the SKUTA Application that the User gains are subject to fulfilment of the GCC. Except for the periods when the User is renting vehicles which are governed by the conditions provided for in this GCC, the License to use the SKUTA Application described herein shall be free of charge for the User.
2.2.3.3. The length of this Use License shall begin on the date when the User receives the email confirming that they have created their User account in the SKUTA Application, and shall end when this User account is deleted, regardless of the reason (whether as the result of a request from the User or a decision by SKUTA).
2.2.3.4. With regard to use of the SKUTA Application, the User accepts the following prohibitions and is obligated to fulfil the following obligations:
(i) the User is obligated to use the SKUTA Application without committing any illegal or illicit actions or actions that run counter to the provisions of these GCC;
(ii) the User is obligated not to damage, fail to use, overcharge, or deteriorate the SKUTA Application or prevent the normal use of it by other Users;
(iii) the User shall not attempt to violate access levels; improperly manipulate data; duplicate or export data or information protected by intellectual property or other rights; access the restricted areas of the SKUTA IT systems or those of third parties; or introduce programs, viruses, or any other device or code that changes or could change the SKUTA Application or third-party applications;
(iv) the User shall not dismantle, decompile, or apply any other procedures in the SKUTA Application in order to discover its source code;
(v) the User shall not totally or partially reproduce the SKUTA Application;
(vi) under no circumstances may the User eliminate any mentions of copyright, trademark, or any other industrial and intellectual property rights which confirm SKUTA’s exclusive ownership, either in complete or partial copies of the SKUTA Application to which they have access, or in the documentation of information exclusively owned by SKUTA;
(vii) the User may not change or alter the SKUTA Application in any way by any means, and in consequence they may not develop derivative works or modifications of it;
(viii) the User shall not give or transmit to third parties the rights included in this Use License in any way, nor allow it to be used by third persons, and the use of the SKUTA Application for any purpose other than exclusively meeting their own need is prohibited within the framework of the provision of SKUTA Service and the use for which it is defined; they may not, for example, rent, lend, sell, or sub-license the SKUTA application or perform acts that entail a violation of the duty to protect an asset owned by SKUTA or third parties;
(ix) the User may not introduce, store or disseminate, in or from the SKUTA Application, any information or material that may be defamatory, offensive, obscene, threatening, xenophobic, inciting to violence, discrimination on grounds of race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public liberties, honour, privacy or the image of third parties and, in general, the regulations in force.
(x) the User shall maintain and use the SKUTA Application properly and prudently in accordance with the advice and instructions that SKUTA issues at any time.
2.2.3.5. To the full extent of the applicable laws, the SKUTA Application is provided “as is,” with its flaws and without guarantees of performance or any other type of guarantee. The User uses it on their own account and at their own risk and accepts all risks in terms of satisfactory quality and performance.
2.2.3.6. SKUTA shall not be bound by commitments or promises made by third parties outside SKUTA, nor by erroneous expectations of the functionality of the SKUTA Application. If the User detects errors, they should notify SKUTA.
2.2.3.7. Under no circumstance shall SKUTA be responsible held to the User or third parties for any damage caused by the failure or malfunction of the SKUTA Application. SKUTA does not guarantee that the SKUTA Application meets all the User’s expectations, that it shall operate uninterrupted or without errors, that the SKUTA Application can interoperate, or that it is compatible with third-party applications or devices to correct possible errors. No type of oral or written advice provided by SKUTA or an authorized represented may be considered a guarantee.
2.2.3.8. The User acknowledges that the SKUTA Application provided may contain flaws and errors and that they shall always use the SKUTA Application under their own responsibility and risk. As permitted by law, SKUTA rejects all express, tacit, or legal guarantees, including implicit ownership guarantees, non-violation of third-party rights, marketability, or suitability for a specific purpose, among others. The applicable laws may not allow for the exclusion or limitation of incidental or direct damages, so the limitation or exclusion above shall not be applicable.
2.2.3.9. SKUTA shall not be responsible for interruptions in the SKUTA Application caused by Force Majeure or circumstances that are outside its scope or control. SKUTA may interrupt access temporarily for security measures, for restructuring of the IT resources, or to improve the SKUTA Application.
2.2.3.10. Under no circumstances shall SKUTA be held responsible to Users for any personal and/or material damages, IT failures or errors, the loss of information or data, failure to deliver, or erroneous delivery of data that may arise during use of the SKUTA Application. Nor shall SKUTA be held responsible for any damages that can be caused as a result of random circumstances caused by hardware or other IT programs, calculation errors and other errors that are impossible to detect under normal simulation conditions, and/or any other errors on which any functionality in the SKUTA Application depends.
2.2.3.11. The User’s use of the SKUTA Application does not entail SKUTA’s acceptance, approval, and/or knowledge of the way they use it given that SKUTA only provides the SKUTA Application to be properly used in accordance with the provisions of these GCC and the applicable laws.
2.2.3.12. If requested by court order or by the pertinent authorities, SKUTA will help identify persons responsible for any use that violates the law.
2.2.3.13. The User shall have no right to claim indemnification of any kind (direct or indirect) due to temporary interruptions or definitive deletion from the SKUTA Application or for additional services/functions or any type of content, product, or service offered in them, and SKUTA declines all responsibility thereof, regardless of whether the interruptions or suspensions were caused by itself or others.
2.2.3.14. Under no circumstances shall SKUTA’s responsibility exceed the total amount paid for the provision of the Services via the SKUTA Application. If the applicable laws do not allow for the exclusion of responsibility for indirect or fortuitous damages, SKUTA’s responsibility shall be limited to the minimum extent of guarantees and responsibilities allowed by law.
2.2.3.15. If the applicable laws allow it, Users agree that SKUTA shall not be responsible for any damage or loss to the User due to malfunction of the SKUTA Application. Under no circumstances shall SKUTA accept any responsibility for special, indirect, punitive, or emergent damages in relation to use of the SKUTA Application. No part of these GCC shall either limit or exclude SKUTA’s responsibility for severe negligence or fraud.
2.3. Termination and deletion of the User account
2.3.1. General principle
2.3.1.1. The contractual relationship between the User and SKUTA shall last indefinitely; however, either of the parties may terminate it at any time.
2.3.1.2. The User may delete their account in the SKUTA Application at any time, freely and regardless of the reason for this decision, by applying what is outlined in Section 2.3.2. below.
2.3.1.3. SKUTA, in turn, may decide to terminate or suspend the validity of the contractual relationship by deleting or suspending a User account in cases in which the User has, or is suspected of having, failed to fulfil the terms and conditions contained in these GCC.
2.3.1.4. Upon the permanent deletion of their account in the SKUTA Application, the User shall no longer be considered a User, and access to the Service shall be deactivated. The contract that is part of these GCC, and any relationship between the User and SKUTA resulting therefrom, shall cease to be in force and valid.
2.3.1.5. The deletion or blocking of an account due to User noncompliance does not in any way relieve the User from continued responsibility for any personal and material damages that they may have caused by using the vehicle, of the amounts not paid and owed because of their use of the Service, and any possible expenses that may arise as a result of the proper or improper use of the Service.
2.3.2. Procedure for the deletion and cancellation of the associated personal data
2.3.2.1. The User may cancel their account in the SKUTA Application at any time simply by sending a request to this effect to the Customer Support Chat via the SKUTA Application, by email to the SKUTA Email Address, or using the button available in the SKUTA Application for this purpose.
2.3.2.2. Upon receipt of any request for deletion sent by a User, SKUTA will suggest to this User to have the possibility to reactivate their account for the next sixty (60) days before permanently deleting their User account.
2.3.2.3. The User shall be free to accept this temporary suspension of their account or to reject it by confirming at that time their desire to immediately and permanently cancel it. This confirmation may also be sent to the Customer Support Chat via the SKUTA Application, by email to the SKUTA Email Address, or using the button available in the SKUTA Application for this purpose.
2.3.2.4. Choosing this temporary suspension will allow the User to reactivate their account, if they wish, at any time within this timeframe, before permanently cancelling it. If they choose to suspend their account, if the User has not notified SKUTA of their wish to reactivate that account during the sixty (60) days provided, it will automatically and permanently be cancelled without the User having to provide any additional notification.
2.3.2.5. The permanent cancellation of a User’s account means that it will be impossible for them to reactivate it; that is, if the User wishes to once again contract SKUTA Service after permanently cancelling their account, they will first have to go through the entire registration process and once again create a new account in accordance with these GCC.
2.3.2.6. The personal data associated with a User account once that account has been permanently cancelled shall be stored for a period of time and for the necessary purposes in accordance with the provisions of the SKUTA Privacy Policy. On this point, in accordance with that Privacy Policy, Users are reminded that the personal data associated with a cancelled User account shall be stored and processed by SKUTA in the way and for the amount of time strictly necessary to fulfil SKUTA’s legal obligations and as far as these obligations prescribe.
III. THE VEHICLES AND THEIR USE
3.1. General obligations applicable to any vehicle
3.1.1. Fulfilment of the applicable rules of the road and banned uses
3.1.1.1. Generally speaking, using SKUTA vehicles to conduct any illicit activity and/or purpose, or using them for a licit purpose yet one that fails to comply with the applicable laws or rules, is strictly forbidden.
3.1.1.2. The User of the Service pledges that when using the vehicle, they will drive it with due diligence and responsibility and fulfil each and every rule of the road established by the authorities at any time, depending on the geographical area in which it is located.
3.1.1.3. When using any SKUTA vehicle, the User pledges to be in possession of their identity document and of the applicable title or driver’s license, and to fulfil any requests made by the authorities, especially police officers, at all times.
3.1.1.4. The following uses are explicitly forbidden:
(i) Use of the vehicle by a person other than the User, whether free of charge or for remunerated, and irrespective of whether or not the User has given his/her consent (i.e. including the free or onerous loan of the rented vehicle).
(ii) Paid passenger and/or goods transport, regular rounds or visits to customers, deliveries, and, in general, for any commercial activity even on an occasional basis;
(iii) Pushing or trailering any vehicle or any other object, with or without wheels;
(iv) Participating in competitions, official or not, and conducting resistance tests of materials, accessories, or products;
(v) Driving the vehicle under the effects of alcohol, narcotics, or any other type of narcotic;
(vi) Transporting goods that violate the law or legal provisions in force, or for illicit purposes;
(vii) Transporting more passengers than is authorized, as indicated on the vehicle registration and/or technical vehicle inspection report;
(viii) Transporting heavier, more, or a higher volume of goods than authorized in the vehicle registration and/or technical vehicle inspection report;
(ix) Transporting flammable and/or hazardous goods, as well as harmful and/or toxic radioactive products; and
(x) Transporting live animals.
3.1.1.5. The User is explicitly forbidden from ceding, renting, selling, or in any way giving as a guarantee the vehicle, personal access to the SKUTA Application, the equipment, tools, and/or accessories of the vehicle and/or any part of it, or of treating the above whether it causes damage to SKUTA or not.
3.1.1.6. The User is obligated to turn off the vehicle as soon as possible when any instruments or indicator lights light up showing that they detect an anomaly in the vehicle’s functioning.
3.1.1.7. Within the provision of its Service via the SKUTA Application, SKUTA tries to encourage compliance with the rules of the road and traffic rules and to enhance Users’ awareness of the associated risks. Nonetheless, the User is solely responsible for being aware of and complying with all the rules of the road and traffic rules applicable at any time and geographical area and of driving the vehicles cautiously. Encouraging Users to respect the rules of the road and the principles of courtesy necessary for the peaceful sharing of public spaces remains a priority for SKUTA, which is why SKUTA reserves the right to remind Users at any time of the applicable rules or to inform them of changes in the regulations in force, either by email or via the SKUTA App.
3.1.1.8. In particular, the User pledges not to park the vehicle in any space not set aside for that purpose, and they also pledge to comply with any signal or indicator that regulates parking either permanently or temporarily in the public space.
3.1.1.9. The User is responsible for checking that there are no temporary bans (such as, construction works, markets, marathons, road cleaning operations, etc.) in the area where the User intends to park and/or circulate, and that the place where they are going to park the vehicle after the finalization of the Service is appropriate for that purpose.
3.1.1.10. Users are forbidden from finalizing the Service if a temporary ban on parking begins in less than forty-eight (48) hours (for example if the parking ban begins Tuesday at 9 am, the User is authorized to park there until 9 am on the previous Sunday).
3.1.1.11. If the vehicle is towed by a municipal tow truck during the Service or after finalized it in an unsuitable parking zone (including tow-away zones, bicycle spaces, blue or green zones, sidewalks where parking is not allowed, or places unsuitable for parking, etc.), the User shall be responsible for the corresponding fine, as well as for any expenses stemming therefrom in accordance with Section 7.1.2. below. The User declares that he/she is aware of the parking regulations applicable in the city in which the Service is used, which may differ from one city to another, and undertakes to comply with them at all times.
3.1.1.12. Any fine that the authorities may impose on the User because of their use of SKUTA vehicles shall be the exclusive responsibility of that User, and they must accept it and hold SKUTA harmless from any claim to pay any fine, regardless of whether the SKUTA or the User was notified of the fine, either during or after the Service provision.
3.1.1.13. The handling procedure and the application of the corresponding penalizations, in the event of a fine attributable to the User, are outlined in Section VII below. In case of repeated infringements of road safety and parking regulations, SKUTA reserves the right to exclude the User from the Service by deleting his/her account in accordance with Section 2.1.4 hereof.
3.1.2. Ban on ceding the rented vehicle to a third party
3.1.2.1. The User is obligated not to cede the use of the vehicle that is the subject of the Service to third parties, and they are not allowed to be replaced by others, even temporarily, in the exercise of the rights to the Service. Should the User cede the vehicles to any third party or allow others to replace them, the User shall be held personally and directly responsible for any incidents or accidents that occur during the Service and hold SKUTA harmless from any kind of responsibility.
3.1.2.2. The obligation established in this section is considered essential, and SKUTA reserves the right to block or permanently cancel the account of any User who violates this obligation and/or to apply the penalization provided for this purpose in Annex II - Table of damages and penalties.
3.1.3. Care of the vehicle and obligation to report any flaw or incident
3.1.3.1. The User must use and care for the vehicles, as well as their accessories, with due diligence as if they were their own, and as a good vehicle owner.
3.1.3.2. The User accepts a general obligation to care for the vehicles, and upon finalization of the Service they must leave the vehicle they used in the same condition as they found it, with the exclusion of the consequences of normal use, particularly in the reduction of the battery level and normal wear and tear on the tires.
3.1.3.3. Upon contracting the Service via the SKUTA Application, and before starting any drive with the vehicle, the User should verify the condition of the vehicle and pledges to notify SKUTA at the time, and in any case before starting their drive, of any visible flaw and/or incidence on the vehicle or its accessories (including if they are missing) in writing via the Customer Support Chat on the SKUTA Application or by email to the SKUTA Email Address. The flaws and incidences herein referred to include but are not limited to damage to the bodywork, tires, shell, malfunctioning lights, malfunctioning of the trunk, locks, or mobile phone holder, absence of any helmet(s) or other accessories, vehicle and/or accessories in a poor state of repair and/or cleanliness,
etc. Some of the vehicle’s safety elements and accessories are equipped with
automatic detection systems that allow verification of their presence or absence on/in the vehicle. For these purposes, and without prejudice to the User’s duty to report any incident as established in this section, the accuracy of the information provided
by such detection systems shall be presumed, unless proven otherwise . SKUTA is not
liable for the loss or damage of Users' personal belongings that may result from misuse, or the use of a broken accessory, such as the loss or breakage of a mobile phone placed in a mobile holder built into the Vehicle.
3.1.3.4. Users are strictly forbidden from using a vehicle that has incidences and/or visible flaws that could entail a risk to the User’s safety, or using accessories with visible flaws, and they must particularly look for any flaw, absence and/or breakage that might be find on the mobile phone cases or holders made available according to the
vehicle. Users shall be solely responsible for the consequences that may arise from their use of the vehicle and its accessories if they had visible flaws before starting the Service (including the absence of any of the helmets or other accessories).
3.1.3.5. If the User does not use the SKUTA Application to notify SKUTA of a given incidence and/or visible flaw on a vehicle and/or its accessories before starting the Service, they will be presumed not to have been there at the beginning of the Service and therefore any incidence and/or damage appearing on the vehicle at the end of the Service may be attributed to the User.
3.1.3.6. The User accepts a general obligation to notify SKUTA of any incidence and/or flaw, prior to the start of the Service, as well as any incident that may occur during the provision of the Service (theft, accident, loss, breakage, abnormal noise from the vehicle, etc.). Unless otherwise provided specifically in these GCC to regulate a specific case, the obligation of information and notification must be fulfilled immediately before starting the ride, or upon its finalization with regard to incidents that occurred during the provision of the Service.
3.1.3.7. The flaw or incident may be reported via the Customer Support Chat on the SKUTA Application or by email to the SKUTA Email Address. This obligation accepted by the User is considered essential. For whatever reason, if the incident cannot be reported via the Customer Support Chat, the User pledges to send an email to SKUTA using the SKUTA Email Address. In the event that it is the Customer Support Chat who contacts the User with regard to the detection of any incident and/or defect, the User must respond to the same within a maximum period of ten (10) days, the User being considered responsible for such damage or incident otherwise, and SKUTA may issue the corresponding charge for the same.
3.1.3.8. If there are cases of force majeure which objectively prevent the User from fulfilling their notification obligation within the timeframes stipulated herein, the User must do so as soon as possible after the end of the case of force majeure that justifies this delay.
3.1.3.9. No charges from other roadside assistance companies shall be accepted except when SKUTA has explicitly authorized it.
3.1.3.10. When they contract the Service, Users are advised to check whether the battery’s autonomy at that time is sufficient to take the route that the User is planning to take without incidents, taking into account that with a low battery percentage the vehicle may have lower power and/or speed. The battery level of each vehicle is indicated in the SKUTA Application, and SKUTA accepts no responsibility for any damage that may be caused by a vehicle shut-down because of a lack of battery power during the provision of the Service.
3.1.3.11. Without prejudice to the provision related to accidents regulated in Section VI below, SKUTA reserves the right to hold the User responsible for any damages caused to the vehicle and/or its accessories (including the absence thereof) that may be attributed to them by charging them the price of the damaged spare parts as well as the labour necessary for the corresponding repair as detailed on Annex II - Table of damages and penalties.
h2>3.2. Parking
3.2.1. Compliance with applicable parking regulations
3.2.1.1. The User must comply with the local vehicle parking regulations applicable in each municipality. Without prejudice to the above obligation, SKUTA may provide through the SKUTA Application, social networks and/or other media, recommendations (for example, recommended parking zones, towing risk zones, promotional zones, etc.) and information regarding the parking regulations of each of the cities, being the final responsibility of the User to comply with the regulations in force and with these GCC. Depending on the severity of the User's behaviour and non-compliance with the parking rules, SKUTA will apply different financial penalties and may even exclude the User from the Service (see. Annex II - Table of damages and penalties).
3.2.2. Respect for the Service Zone
3.2.2.1. SKUTA operates in specific zones within the area of the cities where it operates. The geographic Service Zone do not always match the cities’ administrative boundaries, and there may even be areas which have intentionally been excluded from the Service Zone where pausing, parking and/or circulation are not permitted, or the opposite: less central areas which have intentionally been included in the Service Zone.
3.2.2.2. SKUTA’s delimitation of the different zones may reflect reasons related to opportunity, safety, fleet management, or even a legal imperative, and/or by the local authorities. Depending on the type and permitted uses, four (4) main types of zones can be differentiated:
(i) Service Zone: the general area where the Service is provided, which appears highlighted on the SKUTA Application map (areas outside the Service Zone appear shaded in grey). Pausing and/or ending a ride is only allowed within the Service Zone, provided it is not a Restricted Circulation Zone or an Unauthorized Parking Zone. The Service Zone exclusively includes public domain spaces within the specified geographic area, which are freely accessible to other Users and the SKUTA team. Any private space, even if it is used for parking, is expressly excluded from the Service Zone. SKUTA may display recommended parking points with designated motorcycle parking spots on the SKUTA Application, although availability of such spots is not guaranteed at any given time.
(ii) Restricted Circulation Zone: a designated area, located either inside or outside the Service Zone, where it is not permitted to park (pause or end a ride) or to circulate with SKUTA vehicles. These zones are specifically marked on the SKUTA Application map and may or may not be part of the Service Zone.
(iii) Unauthorized Parking Zone: a designated area, located either inside or outside the Service Zone, where SKUTA vehicles may not be parked (neither paused nor the ride ended). These zones are specifically marked on the SKUTA Application map and may or may not overlap with the Restricted Circulation Zone.
(iv) Mandatory Parking Zone: in some cities, either due to local regulations or at
the request of the authorities, SKUTA vehicles may only be parked in specifically designated spaces. These zones are marked on the SKUTA Application map and may be located inside or outside the Service Zone; however, a ride may only be ended in a Mandatory Parking Zone if it is within the Service Zone. SKUTA shall not be held responsible for the unavailability of parking in a given Mandatory Parking Zone.
3.2.2.3. The User pledges to respect the different zones whose limits are shown on the map available at all times on the SKUTA Application, and they should always park and finalize the Service within that Service Zone (and where applicable, in the Mandatory Parking Zone) and taking into account the restrictions of the different types of zones. Even though the vehicle may be turned off, the route and therefore the Service may not be finalized outside the Service Zone (and, where applicable, in the Mandatory Parking Zone), and the User shall have to bear the price of the Service until the Service has been properly finalized via the SKUTA Application.
3.2.2.4. Vehicles may indeed leave the Service Zone (except for Restricted Circulation Zones); however, the User must return and therefore complete the Trip within the Service Zone (and, where applicable, in the Mandatory Parking Zone) and shall pay for the Service until it has been properly completed, using the SKUTA Application. Failure to comply with this obligation, in particular if the User leaves the vehicle switched on or off, outside the Service Zone (and, if applicable, in the Mandatory Parking Zone), shall entitle SKUTA to apply the penalties set out in Annex II - Table of damages and penalties.
3.2.2.5. Depending on the case, the User may switch off the Vehicle without completing the rental (single exit of Service Zone), or the User may neither switch off the vehicle nor complete the rental (Unauthorized Parking Zone and/or Restricted Circulation Zone).
3.2.2.6. Under no circumstances shall the User abandon the vehicle they have used outside the Service Zone with the exception of cases of Force Majeure and after immediately notifying SKUTA of the situation via the Customer Support Chat or by email to the SKUTA Email Address.
3.2.2.7. SKUTA reserves the right to either permanently or temporarily change the different zones, always with prior notification to Users, who may always check the different zones in force in the SKUTA Application.
3.2.2.8. Failure to comply with the obligations included in this section shall give SKUTA the right to apply the penalizations provided for in Annex II - Table of damages and penalties.
3.2.3. Fulfilment of the procedure to finalize the Service
3.2.3.1. Main obligations: At the end of each ride, that is, the finalization of the service contracted by the User, the User pledges to:
(i) leave the vehicle parked in a location designated for this purpose;
(ii) turn off the vehicle using the SKUTA Application;
(iii) take a photograph of the parked vehicle using the SKUTA Application and following the instructions below; and
(iv) place all the vehicle’s accessories that the User may have used in the right place
and/or position provided for that purpose, in accordance with the instructions and the User Guide available in the SKUTA application, and properly closing all the compartments and trunk that the vehicle may have.
3.2.3.2. Ban on abandonment: Abandoning the vehicle without activating the reservation modality or without properly turning off the vehicle using the SKUTA Application, whether at the end of a trip or when starting a pause, entails a high risk that the vehicle may be stolen. If a technical problem prevents the User from turning off the vehicle when they wish to, the User will have to immediately notify SKUTA of the incident via the Customer Support Chat or by email to the SKUTA Email Address, and they must never abandon the vehicle until they manage to turn it off, or until SKUTA tells them otherwise in writing.
3.2.3.3. Users’ respect for the obligations included in the Sections 3.1.5.1 above and the following sections is considered essential, and therefore any failure to comply with them shall give SKUTA the right to apply the penalizations provided for in Annex II - Table of damages and penalties.
3.2.3.4. Photograph upon finalizing the Service: As part of the procedure to finalize the Service, Users are required to take a photograph of the fully parked vehicle using the SKUTA Application. The photograph should be taken following the instructions and examples included in Annex III - Guide to handling accident reports and photos of the end of the ride.
Taking the photograph correctly and ensuring its quality, where the vehicle as a whole appears along with its overall condition and parking location, is not only the User’s responsibility, but also in their interest to do it correctly.
In the event of a subsequent incident, such as damage to the vehicle or perhaps notification of a parking fine, depending on its quality, the photograph taken by the User upon finalizing the Service may provide proof or not of the existence and truthfulness of the facts that can objectively be seen in it.
The photograph should not be considered exhaustive proof of a situation which may have led to an incident, as a single photograph cannot reflect all the elements which may have played a role in producing this incident, depending on the case, but it will at least provide proof of what is visible in it.
3.2.3.5. Committed to promoting the compliance of its Users with the applicable Traffic and Road Safety regulations, SKUTA has initiated a systematic checking process of the Photographs upon finalizing the Service. As of today, this method is only applied in certain cities and SKUTA reserves the right to extend or reduce the territory covered by this checking procedure at any time.
The aim of this initiative is to be able to detect and intervene in case of noncompliance with the parking rules by the User, in a preventive way, i.e. before any kind of penalty procedure or intervention by the authorities is initiated. SKUTA's aim is to raise awareness and educate its Users on the subject, ensuring respect for the rules that protect coexistence in public spaces.
In this sense, in case SKUTA detects one of these two situations (i) defective photograph in which the parking situation of the vehicle cannot be verified, as described in Annex III - Guide to handling accident reports and photos of the end of the ride; or (ii) parking situation of the vehicle that does not comply with the applicable regulations, SKUTA will inform the responsible User of the situation by email and/or message via the SKUTA Application, reminding him/her of the applicable rules on the matter, as well as the risks of sanctions in case of non-compliance.
Each of these notifications shall be considered as a warning.
Together with the notice, SKUTA reserves the right to require the offending User to answer a series of questions or quizzes on the applicable Traffic and Road Safety Regulations, and in particular on the parking rules. Any refusal of the User to participate or any repeated failure of the quiz may lead to a blocking of the User's account.
SKUTA's operations teams will be in charge of moving the wrongly parked vehicle, in accordance with their internal intervention processes. SKUTA is not liable for any penalty that may be imposed by the authorities between the time of the notice and the time of the intervention of its operators, and the User may choose to move the wrongly parked vehicle him/herself at any time. In case the User chooses to move the wrongly parked vehicle before the intervention of SKUTA's operators, the User will have to initiate a Trip for this purpose, and after the Trip, take a Photograph upon finalizing the Service of the correctly parked vehicle.
In case of repeated offences by the same User, returning - after the first warning - to park a vehicle incorrectly, or in case of not taking a Photograph upon finalizing the Service allowing SKUTA to check the situation of the vehicle at the end of the Service, SKUTA reserves the right to apply the penalty foreseen for this purpose in Annex II - Table of damages and penalties.
3.3. General responsibility scheme
3.3.1. Principle of Responsibility for damages attributable to the User
3.3.1.1. The User shall take responsibility for any damages caused during the provision of the Service due to their use of the vehicle, as long as these damages can be attributed to them and occurred through malice, error, or negligence, including any failure to comply with these GCC.
3.3.1.2. No monetary limit or causes of exemption from this responsibility for damages shall be applicable except in as much as the damage is effectively covered by a specific insurance policy depending on the type of vehicle used and the territory, as outlined below.
3.3.1.3. If any type of damage, regardless of whether it affects the vehicle, third parties, the public domain, or the User themselves occurs during the provision of the Service, the User pledges to notify SKUTA of the damage as soon as it happens, or at least upon finalization of the Service, via the Customer Support Chat or by email to the SKUTA Email Address, unless it is materially impossible due to causes of force majeure. In any case, the User pledges to make the notification stipulated herein as soon as possible upon the finalization of the cause of force majeure justifying the delay, and always
within seven (7) calendar days.
3.3.1.4. The general principle of responsibility for damages, as well as the general obligation of immediate notification stipulated herein, are applicable regardless of the vehicle that the User used or the city where the Service was provided.
3.3.1.5. The damages that can be attributed to the User include but are not limited to breakage or loss of a vehicle accessory due to negligence, theft of a vehicle that was not turned off or secured in accordance with these GCC, imposition of a fine for failure to comply with parking regulations, or even, for example, any material damages to the vehicle in the case of an accident caused by the User’s failure to obey circulation rules, including driving under the influence of alcohol or toxic drugs, narcotics, or psychotropic substances, or failure to comply with any other compulsory regulation.
3.3.1.6. The above notwithstanding, in the provisions of these GCC, specific rules and obligations are outlined in the event of certain damages, particularly in the case of fines (Section VII) or accidents (Section VI), and the insurance coverage included in the price of the Service is outlined.
3.3.2. Nature, quantification and repercussion of damages
3.3.2.1. The general principle of User responsibility in the event of damages is contained in Section 3.2.1. of these GCC and is applicable to all vehicles made available by SKUTA at all times. The User shall be responsible for any damage they may have caused during the provision of the Service as long as it has occurred due to malice, error, or negligence; this includes the User’s failure to comply with the obligations cited in these GCC or the compulsory rules of the road and parking rules.
3.3.2.2. The damages that can be attributed to the User may affect in particular SKUTA and its vehicle, third parties, and/or the public domain.
3.3.2.3. No monetary limit shall be applicable to the User’s responsibility, except for damages which are effectively covered by an insurance policy whose terms are specified in the sections below according to the territory.
3.3.2.4. With regard to SKUTA vehicles, the damages that can be attributed to the User and are therefore their responsibility include in particular repair and spare parts costs for the damaged vehicle, a breakdown of the retail costs (excluding VAT) of the main spare parts of the vehicle being included in Annex II - Table of damages and penalties for information purposes.
3.3.2.5. In this sense, in the event that the damage to the vehicle (including its accessories) was caused in an accident which did or did not involve third persons or is the result of simple loss or theft, as long as it can be attributed to the User, such User shall have to pay the damage compensation according to the damage actually incurred by SKUTA, including the cost of spare parts and the labour necessary for the repair of the vehicle, which shall be subject to a detailed invoice issued by SKUTA.
3.3.2.6. In case of fire causing total destruction or the theft of the vehicle in which User malice, error, or negligence is involved, including failure to comply with the obligations contained in these GCC, and with special observance if the User did not effectively turn off the vehicle engine or did not properly secure the vehicle after the finalization
of the Service or after parking the vehicle, the User must pay SKUTA for the cost of that vehicle mentioned in Annex II - Table of damages and penalties.
3.3.2.7. Beyond the damages to the vehicle which may be quantified by SKUTA in these GCC, the damages that can be attributed to the User which affect SKUTA, a third party, and/or the public domain must be quantified after the damage has been caused, as appropriate in law.
3.3.2.8. If damage is found that can be attributed to the User, SKUTA shall notify the user of the pertinent information via email or the Customer Support Chat of the SKUTA Application, namely: the time when the damage was caused or found, the nature of the damage and the fact that it is attributable to the user, the vehicle affected and/or used, and the quantification of the damage applying the provisions in these GCC. If applicable, this notification shall contain the SKUTA invoice corresponding to the repair of the damage caused to the vehicle.
3.3.2.9. The User explicitly authorizes SKUTA to use the same method of payment they have designated to pay the price of the Service for any repercussions of damages in accordance with these GCC. This payment shall be considered legitimate once the User has previously been notified of it under the terms of Section 3.2.3.8 above.
3.3.2.10. In the event that, following an accident, the insurance of the driver of another vehicle assumes full responsibility for the damages caused to the SKUTA vehicle (e.g., as a result of the third party’s intentional, negligent, or culpable conduct), and such damages had previously been charged to the User, SKUTA shall proceed to reimburse the corresponding amount to the User as soon as possible. If said insurance does not cover the full cost of the repairs, SKUTA will reimburse the User for the difference corresponding to the portion of the repair costs not covered by the third party’s insurance.
3.3.3. Principle of Responsibility for damages attributable to SKUTA
3.3.3.1. With the exception of cases of severe malice, error, or negligence by SKUTA, under no circumstances shall it be responsible for the direct or indirect damages of any kind that the User or a third party may experience when using the Service if they are not directly attributable to SKUTA.
3.3.3.2. Likewise, SKUTA accepts no responsibility to the User for changes in procedures, timetables, and supply conditions of the Service due to suspension, interruption, or lack of availability caused by the vehicles, technological equipment, IT systems, and/or any other cause attributable to both SKUTA suppliers and third parties in general.
3.3.3.3. SKUTA shall also be held exempt from responsibility for total or partial failure to fulfil obligations due to Force Majeure, including but not limited to: actions by the public administration, actions by authorities, legal restrictions, fires, floods, explosions, demonstrations, disturbances, strikes, labor conflicts, lack of raw materials, energy failures, interruption of communications, or others.
3.3.3.4. In any event, the User explicitly releases SKUTA from any responsibility for damages of
any kind suffered by the User or by third parties in relation to the execution of the Service which are not motivated by malice, error, or severe negligence on the part of
SKUTA. Specifically, and consistent with the User's obligation under clause 3.1.3.3. regarding his/her obligation to check the condition and functioning of the vehicle and its accessories before starting any Trip, SKUTA shall not be liable for the loss or damage of Users' personal effects (including mobile phones that have been misplaced or placed in a broken integrated holder of the vehicle) nor for the hygiene conditions during the use of the vehicle and its accessories (including infections or contagions).
3.3.3.5. Under no circumstances shall SKUTA’s responsibility exceed the total amount paid for the provision of the Services via the Application. If the applicable laws do not allow for the exclusion of responsibility for indirect or fortuitous damages, SKUTA’s responsibility shall be limited to the minimum extent of guarantees and responsibilities allowed by law.
3.4. The vehicle
3.4.1. Description of the vehicle and its accessories
3.4.2. Mandatory driver’s license
3.4.2.1. Vehicles owned by SKUTA may only be used by holders of a valid driver’s license for driving vehicles in the territory where the Service is provided.
3.4.2.2. A valid driver’s license for driving shall only mean the following driver’s licenses:
(i) Those issued in accordance with the laws in force in the country where the Service is provided;
(ii) Those issued by European Union and European Economic Area member states;
(iii) The following driver’s licenses shall also be valid for driving: (-) National driver’s licenses from other countries that are issued in accordance with annex 6 of the Vienna Convention; National driver’s licenses from other countries that are written in the official language of the country where the Service is provided, or are accompanied by an official translation; (-) International driver’s licenses issued abroad in accordance with annex 6 of the Geneve Convention or in accordance with the model in annex E of the International Paris Convention, if the nations have adhered to this Convention without signing or adhering to the Geneva Convention; and (-) Those issued by other countries, or international licenses that are recognized as valid for driving in the country where the Service is provided.
3.4.2.3. The validity of the different licenses listed above is conditioned upon their being valid, their holder being the age required to hold a driver’s license according to local legislation, and the holders of the licenses not having become residents in the receiving country more than six (6) months ago. After this period, these licenses shall lack validity and the holder must obtain a local driver’s license.
3.4.2.4. Users who have registered in the Service are obligated to immediately notify SKUTA of any situation in which their driver’s license is suspended or revoked, as well as its expiration when it occurs, by sending this information to the SKUTA Email Address.
3.4.2.5. Once the User’s driver’s license has expired or been suspended or temporarily revoked, they pledge not to use vehicles from the SKUTA fleet that require a driver’s license to operate them.
3.4.2.6. SKUTA actively promotes safety in public spaces and reserves the right to refuse validation or to partially block the use of accounts of Users who do not hold a driving licence, even if they are legally authorised to drive in the territory where the Service is provided (for example, a situation that may occur on the territory of France). For illustrative purposes, in France SKUTA does not allow drivers who were born before 1988 and who do not have any driving licence to access the SKUTA vehicles in France. Notwithstanding the above, if they have attended at least one driving course offered by SKUTA according to Section 3.4.2.7 and present proof of completion, SKUTA may allow their registration and validation as User
3.4.2.7. Depending on the territory, SKUTA offers initiation classes for the use of its Vehicles through collaboration agreements with driving schools. The availability of these introductory classes may be consulted at any time through the SKUTA Application and/or Website and will be subject to the particular terms and conditions of each one, which may vary depending on the territory.
3.4.3. Minor passengers on vehicles
3.4.3.1. Users shall be responsible for the proper safety and protection of passengers who accompany them on their drive, and always in compliance with the regulations applicable in the territory where the Service is provided.
3.4.3.2. Therefore, in Spain, the Users may drive passengers under the age of twelve (12) as long as they use approved gloves and helmets (in this case, the helmet must be chosen in accordance with the minor’s size), they straddle the vehicle with their feet on the side footrests, and they use the seat behind the driver. On an exceptional basis, the User may in Spain drive passengers under the age of seven (7) as long as the vehicle is driven by their parent, guardian, or any adult authorized by them, always wearing approved gloves and helmet (in this case, the helmet must be chosen in accordance with the minor’s size) and as long as that the child is seated in a seat equipped with a suitable child restraint and footrests.
3.4.3.3. In France, in all two-wheeled vehicles, the use of a child seat designed for this purpose and fitted with a restraint system is compulsory for children under five (5) years of age. The driver must ensure that children's feet cannot be dragged between the fixed and moving parts of the vehicle. The passenger seat must be equipped with a tether strap or at least one handle and two footrests.
3.4.3.4. The User must drive the vehicle diligently and in an orderly fashion, avoiding sudden movements and as close as possible to the right edge of the road, and they should always ensure the child’s safety while driving. SKUTA shall not provide any helmets specifically adapted to minors or gloves, and the User must have the minor wear their own accessories in this case.
3.4.4. Insurance associated with the use of vehicles
3.4.4.1. The terms of the insurance for vehicles in Spain
Notwithstanding the provisions of Section 3.2. above, the Service rates include an insurance policy and SKUTA shall not ask the User to pay for any damage that is effectively covered by that policy.
The effective coverage of the damage by the insurance company is the only limit that exists on the responsibility for damages attributable to the User which is applicable based on these GCC.
This policy includes a policy with coverage of damages to third parties of up to fifty million euros (€50,000,000.00) for Voluntary Civil Liability, and up to seventy million euros (70,000,000.00.-€) per claim in the case of personal injury, and up to fifteen million euros (15,000,000.00.-€) in respect of damage to property, animals or things for Compulsory Civil Liability in accordance with Spanish regulations.
The damages that affect the vehicle itself, regardless of their nature or scope, and the damages that the User/driver may suffer to themselves as a consequence of using the Service, are not covered by the insurance policy with the exception of the provisions cited below.
The insurance includes coverage for personal damage to the driver solely for medicalpharmaceutical care for at most three hundred sixty-five (365) days after the date of the damage being limited to nine hundred euros (€900.00) generally and to three thousand euros (€3,000.00) due to death or disability because of the accident for the drivers of the vehicle.
The following are not covered by this policy nor by SKUTA:
(i) Damages due to intentional acts or acts made in poor faith by the User or a person for whom they are accountable, or those stemming from a violation or deliberate failure to comply with the legal rules;
(ii) Damages whose occurrence was highly foreseeable and inexcusable because of:
- The omission, violation, or deliberate failure to comply with the legal rules, norms, or guidelines of caution and safety inherent to the insured activity by virtue of which anyone familiar with it knows that the damage will inevitably result; or
- Any type of fine, charge, or sanction imposed by the Courts and other Authorities, and the consequences of failure to pay them.
(iii) Any accident, incident, or damage in general caused under the influence of alcohol or toxic drugs, narcotics, or psychotropic substances, as driving under the influence is strictly prohibited and may even lead to criminal and/or administrative liability for the User.
(iv) The accessories that accompany SKUTA vehicles, which are available for the Service and are listed in Section 3.3.1 above and are the User’s responsibility.
(v) Damages, theft, robbery or breakage of any personal objects which the User left either inside or outside the vehicle, nor any tire punctures or blowouts that occur for any reason.
3.4.4.2. The terms of the insurance for vehicles in France
For the duration of the vehicle rental, the User is covered by SKUTA's insurance, including third party liability and driver's warranties, the cost of which is included in the cost of the vehicle rental.
SKUTA will not pass on to the User any damage that is actually covered, subject to the provisions of present Section.
The following guarantees and benefits are offered by ALLIANZ IARD, company in accordance with the Code des Assegurances – Société Anonyme au capital de 991.967.200 € – and registered office in 1 cours Michelet - CS 30051 - 92076 Paris La Défense Cedex - 542 110 291 RCS Nanterre, subject to the Autorité de Contrôle Prudentiel et de Résolution – 4, Place de Budapest -CS 92459- 75436 Paris cedex 09 (hereinafter, “Insurance Company”).
Civil liability insurance in France
When renting a vehicle, the User is covered by a compulsory civil liability insurance in accordance with articles L.211-1 to L.211-8 of the French Insurance Code, the cost of which is included in the rental price.
This insurance covers bodily injury or property damage caused to others, including family members, by accident, fire or explosion involving the vehicle and its accessories on or off the road, where such damage is the responsibility of the User, passengers or any person having custody or control of the vehicle, even if not authorised.
The civil liability insurance covers bodily injury caused to third parties by the User, without any limit on the amount, as well as property damage up to one hundred million euros (€100,000,000), including one and a half million euros (€1,500,000) for property damage resulting from accidental environmental damage or ecological losses.
In the event of an at-fault claim, an excess/franchise of one thousand euros (€1,000) will be applied, if the driver is not the User who rent the vehicle.
The guarantee of the insurance is subject to the condition that the User, at the time of the loss, fulfils the above-mentioned conditions to drive the vehicle provided by SKUTA.
The following cases are excluded from the guarantee:
(i) Damage occurring in the course of events, races or competitions (or their trials) subject to authorization by the Public Authorities, in accordance with current regulations;
(ii) Damage caused or aggravated by the transport of flammable, explosive, corrosive or oxidizing materials with the vehicle;
(iii) Damage caused by the vehicle when carrying ionizing radiation sources intended for use outside a nuclear facility, where such sources would have caused or aggravated the loss;
(iv) Damage to the vehicle owner due to theft, breach of trust or driving without SKUTA's permission;
(v) Damage to clothing, objects and goods carried by the User on or upon the vehicle, including mobile phones;
(vi) Damage to or theft of personal items belonging to the User or entrusted to them, except for fire or explosion damage to the building in which the vehicle is parked;
(vii) Damage suffered by garages, brokers, sellers and repairers of motor vehicles, persons carrying out checks on the correct functioning of the vehicle, as well as their employees when repairing, towing, repairing, checking or selling the vehicle;
(viii) Payment of fines and any criminal penalties.
(ix) Deliberate damage to the rented vehicle by the User
(x) Uses prohibited by Section 3.1.1 of these GCC.
Individual Driver's Insurance
Purpose of the guarantee
The user, as the driver of the vehicle, has individual driver's insurance. The cost of this cover is included in the rental price. It covers personal injury to the driver resulting from a traffic accident with a SKUTA vehicle. This cover applies while the SKUTA vehicle is being driven and while the User, as such, is getting on or off the vehicle. The purpose of this cover is to compensate the User for personal injury.
Scope of the guarantee
In the event of a traffic accident, whether or not the User is responsible, fire, explosion or natural phenomenon, in which the vehicle is involved, the victim (driver or passenger of the vehicle) or their dependents in the event of death, will be compensated for all damages resulting from the bodily injury suffered.
The compensation is calculated according to the rules of French law, i.e. according to the rules usually applied by the French courts in matters of compensation for victims of traffic accidents, regardless of the place of the accident, up to a limit of two hundred and fifty thousand euros (€250,000).
The compensation is understood to be after deduction of benefits of a compensatory nature paid or due by the social security bodies, the employer, the Fonds de Garantie des Assurances Obligatoires (compulsory insurance guarantee fund) or any other third-party payers referred to in Article 29 of the law of 5 July 1985.
In the event of death, this cover applies to compensation for the loss suffered by the victim's dependants, calculated in accordance with the rules of French law, and up to a limit of two hundred and fifty thousand euros (€250,000).
A deductible of 15% is applied to the only item of loss "Permanent loss of physical and mental integrity", the other items of loss are therefore compensated without deductible. No compensation will be paid for the loss item "Permanent loss of physical and mental integrity" if the rate determined is less than or equal to 15%.
Warranty exclusions
The following are excluded from the guarantee:
(i) Damage occurring during sports events, races or competitions (or their trials) subject to authorization by the Public Authorities;
(ii) Damage caused by the vehicle when carrying ionizing radiation sources intended for use outside a nuclear facility, where such sources would have caused or aggravated the loss;
(iii) Damage caused or aggravated by the transport of flammable, explosive, corrosive or oxidizing materials with the vehicle;
(iv) Accidents, claims or damage in general which occur while under the influence of alcohol, drugs or narcotics not prescribed by a competent medical authority, which may be punishable by law; or in the event of refusal to submit to checks intended to establish proof of these conditions, unless it can be shown that the accident was not related to this condition;
(v) Aggravation of permanent physical and psychological damage due to
negligence on the part of the User in their medical treatment;
(vi) Damage that occurs when, at the time of the claim, the User is underage or does not have a valid driving license (neither suspended nor expired). In case of an accident, the User shall send the Accident Report to SKUTA, within a maximum of forty-eight (48) hours, except in case of Force Majeure, from the date of the accident, as stated in Section 5.1.1 of these GCC.
The insurance does not cover:
- Damage to accessories (helmet, trunk etc.);
- Damage to and theft of personal belongings (including mobile phones);
- Punctured tyres in all cases;
- Damage resulting from driving the vehicle in conditions contrary to the rules of the road and road safety, as well as damage resulting from driving the vehicle by a third party other than the User.
- Insured property and/or activities when the insurer is prohibited from providing an insurance contract or service as a result of any sanction, restriction or prohibition provided for by conventions, laws or regulations, including those decided by the United Nations Security Council, the Council of the European Union, or by any other applicable national law.
- The insured goods and/or activities when they are subject to any sanction, restriction, total or partial embargo or prohibition provided for by conventions, laws or regulations, including those decided by the United Nations Security Council, the Council of the European Union, or by any other applicable national law.
- Damage or aggravation of damage, loss or claims resulting from: (i) civil or foreign war; (ii) international or non-international armed conflict as defined in the Geneva Conventions and in the judgements and decisions of the International Tribunals; (iii) invasion; or (iv) the explosion of munitions of war.
3.4.4.3. Obligations in the event of loss and/or accident
In the same way as for the detection of damage and/or incidents, in the event of a claim or accident, the User must immediately contact Customer Services.
In case of failure to do so, if the delay has caused damage to SKUTA and/or the Insurer, the User shall lose his/her right to compensation, unless the delay is the result of an act of God or Force Majeure.
The User shall provide Customer Services with the information and data requested for the purpose of providing coverage for the accident, which may be sent to the Insurer for the purpose of contacting the User and/or activating the insurance guarantee.
The User shall lose the benefit of the insurance guarantees, for all consequences arising from the claim, if he/she intentionally makes false declarations regarding the date, nature, causes, circumstances or consequences of the claim, as well as if the amount or seriousness of the damage is intentionally exaggerated or if inaccurate documents are used.
3.4.2.1. Vehicles owned by SKUTA may only be used by holders of a valid driver’s license for driving vehicles in the territory where the Service is provided.
3.4.2.2. A valid driver’s license for driving shall only mean the following driver’s licenses:
(i) Those issued in accordance with the laws in force in the country where the Service is provided;
(ii) Those issued by European Union and European Economic Area member states;
(iii) The following driver’s licenses shall also be valid for driving: (-) National driver’s licenses from other countries that are issued in accordance with annex 6 of the Vienna Convention; National driver’s licenses from other countries that are written in the official language of the country where the Service is provided, or are accompanied by an official translation; (-) International driver’s licenses issued abroad in accordance with annex 6 of the Geneve Convention or in accordance with the model in annex E of the International Paris Convention, if the nations have adhered to this Convention without signing or adhering to the Geneva Convention; and (-) Those issued by other countries, or international licenses that are recognized as valid for driving in the country where the Service is provided.
3.4.2.3. The validity of the different licenses listed above is conditioned upon their being valid, their holder being the age required to hold a driver’s license according to local legislation, and the holders of the licenses not having become residents in the receiving country more than six (6) months ago. After this period, these licenses shall lack validity and the holder must obtain a local driver’s license.
3.4.2.4. Users who have registered in the Service are obligated to immediately notify SKUTA of any situation in which their driver’s license is suspended or revoked, as well as its expiration when it occurs, by sending this information to the SKUTA Email Address.
3.4.2.5. Once the User’s driver’s license has expired or been suspended or temporarily revoked, they pledge not to use vehicles from the SKUTA fleet that require a driver’s license to operate them.
3.4.2.6. SKUTA actively promotes safety in public spaces and reserves the right to refuse validation or to partially block the use of accounts of Users who do not hold a driving licence, even if they are legally authorised to drive in the territory where the Service is provided (for example, a situation that may occur on the territory of France). For illustrative purposes, in France SKUTA does not allow drivers who were born before 1988 and who do not have any driving licence to access the SKUTA vehicles in France. Notwithstanding the above, if they have attended at least one driving course offered by SKUTA according to Section 3.4.2.7 and present proof of completion, SKUTA may allow their registration and validation as User
3.4.2.7. Depending on the territory, SKUTA offers initiation classes for the use of its Vehicles through collaboration agreements with driving schools. The availability of these introductory classes may be consulted at any time through the SKUTA Application and/or Website and will be subject to the particular terms and conditions of each one, which may vary depending on the territory.
3.4.3. Minor passengers on vehicles
3.4.3.1. Users shall be responsible for the proper safety and protection of passengers who accompany them on their drive, and always in compliance with the regulations applicable in the territory where the Service is provided.
3.4.3.2. Therefore, in Spain, the Users may drive passengers under the age of twelve (12) as long as they use approved gloves and helmets (in this case, the helmet must be chosen in accordance with the minor’s size), they straddle the vehicle with their feet on the side footrests, and they use the seat behind the driver. On an exceptional basis, the User may in Spain drive passengers under the age of seven (7) as long as the vehicle is driven by their parent, guardian, or any adult authorized by them, always wearing approved gloves and helmet (in this case, the helmet must be chosen in accordance with the minor’s size) and as long as that the child is seated in a seat equipped with a suitable child restraint and footrests.
3.4.3.3. In France, in all two-wheeled vehicles, the use of a child seat designed for this purpose and fitted with a restraint system is compulsory for children under five (5) years of age. The driver must ensure that children's feet cannot be dragged between the fixed and moving parts of the vehicle. The passenger seat must be equipped with a tether strap or at least one handle and two footrests.
3.4.3.4. The User must drive the vehicle diligently and in an orderly fashion, avoiding sudden movements and as close as possible to the right edge of the road, and they should always ensure the child’s safety while driving. SKUTA shall not provide any helmets specifically adapted to minors or gloves, and the User must have the minor wear their own accessories in this case.
3.4.4. Insurance associated with the use of vehicles
3.4.4.1. The terms of the insurance for vehicles in Spain
Notwithstanding the provisions of Section 3.2. above, the Service rates include an insurance policy and SKUTA shall not ask the User to pay for any damage that is effectively covered by that policy.
The effective coverage of the damage by the insurance company is the only limit that exists on the responsibility for damages attributable to the User which is applicable based on these GCC.
This policy includes a policy with coverage of damages to third parties of up to fifty million euros (€50,000,000.00) for Voluntary Civil Liability, and up to seventy million euros (70,000,000.00.-€) per claim in the case of personal injury, and up to fifteen million euros (15,000,000.00.-€) in respect of damage to property, animals or things for Compulsory Civil Liability in accordance with Spanish regulations.
The damages that affect the vehicle itself, regardless of their nature or scope, and the damages that the User/driver may suffer to themselves as a consequence of using the Service, are not covered by the insurance policy with the exception of the provisions cited below.
The insurance includes coverage for personal damage to the driver solely for medicalpharmaceutical care for at most three hundred sixty-five (365) days after the date of the damage being limited to nine hundred euros (€900.00) generally and to three thousand euros (€3,000.00) due to death or disability because of the accident for the drivers of the vehicle.
The following are not covered by this policy nor by SKUTA:
(i) Damages due to intentional acts or acts made in poor faith by the User or a person for whom they are accountable, or those stemming from a violation or deliberate failure to comply with the legal rules;
(ii) Damages whose occurrence was highly foreseeable and inexcusable because of:
- The omission, violation, or deliberate failure to comply with the legal rules, norms, or guidelines of caution and safety inherent to the insured activity by virtue of which anyone familiar with it knows that the damage will inevitably result; or
- Any type of fine, charge, or sanction imposed by the Courts and other Authorities, and the consequences of failure to pay them.
(iii) Any accident, incident, or damage in general caused under the influence of alcohol or toxic drugs, narcotics, or psychotropic substances, as driving under the influence is strictly prohibited and may even lead to criminal and/or administrative liability for the User.
(iv) The accessories that accompany SKUTA vehicles, which are available for the Service and are listed in Section 3.3.1 above and are the User’s responsibility.
(v) Damages, theft, robbery or breakage of any personal objects which the User left either inside or outside the vehicle, nor any tire punctures or blowouts that occur for any reason.
3.4.4.2. The terms of the insurance for vehicles in France
For the duration of the vehicle rental, the User is covered by SKUTA's insurance, including third party liability and driver's warranties, the cost of which is included in the cost of the vehicle rental.
SKUTA will not pass on to the User any damage that is actually covered, subject to the provisions of present Section.
The following guarantees and benefits are offered by ALLIANZ IARD, company in accordance with the Code des Assegurances – Société Anonyme au capital de 991.967.200 € – and registered office in 1 cours Michelet - CS 30051 - 92076 Paris La Défense Cedex - 542 110 291 RCS Nanterre, subject to the Autorité de Contrôle Prudentiel et de Résolution – 4, Place de Budapest -CS 92459- 75436 Paris cedex 09 (hereinafter, “Insurance Company”).
Civil liability insurance in France
When renting a vehicle, the User is covered by a compulsory civil liability insurance in accordance with articles L.211-1 to L.211-8 of the French Insurance Code, the cost of which is included in the rental price.
This insurance covers bodily injury or property damage caused to others, including family members, by accident, fire or explosion involving the vehicle and its accessories on or off the road, where such damage is the responsibility of the User, passengers or any person having custody or control of the vehicle, even if not authorised.
The civil liability insurance covers bodily injury caused to third parties by the User, without any limit on the amount, as well as property damage up to one hundred million euros (€100,000,000), including one and a half million euros (€1,500,000) for property damage resulting from accidental environmental damage or ecological losses.
In the event of an at-fault claim, an excess/franchise of one thousand euros (€1,000) will be applied, if the driver is not the User who rent the vehicle.
The guarantee of the insurance is subject to the condition that the User, at the time of the loss, fulfils the above-mentioned conditions to drive the vehicle provided by SKUTA.
The following cases are excluded from the guarantee:
(i) Damage occurring in the course of events, races or competitions (or their trials) subject to authorization by the Public Authorities, in accordance with current regulations;
(ii) Damage caused or aggravated by the transport of flammable, explosive, corrosive or oxidizing materials with the vehicle;
(iii) Damage caused by the vehicle when carrying ionizing radiation sources intended for use outside a nuclear facility, where such sources would have caused or aggravated the loss;
(iv) Damage to the vehicle owner due to theft, breach of trust or driving without SKUTA's permission;
(v) Damage to clothing, objects and goods carried by the User on or upon the vehicle, including mobile phones;
(vi) Damage to or theft of personal items belonging to the User or entrusted to them, except for fire or explosion damage to the building in which the vehicle is parked;
(vii) Damage suffered by garages, brokers, sellers and repairers of motor vehicles, persons carrying out checks on the correct functioning of the vehicle, as well as their employees when repairing, towing, repairing, checking or selling the vehicle;
(viii) Payment of fines and any criminal penalties.
(ix) Deliberate damage to the rented vehicle by the User
(x) Uses prohibited by Section 3.1.1 of these GCC.
Individual Driver's Insurance
Purpose of the guarantee
The user, as the driver of the vehicle, has individual driver's insurance. The cost of this cover is included in the rental price. It covers personal injury to the driver resulting from a traffic accident with a SKUTA vehicle. This cover applies while the SKUTA vehicle is being driven and while the User, as such, is getting on or off the vehicle. The purpose of this cover is to compensate the User for personal injury.
Scope of the guarantee
In the event of a traffic accident, whether or not the User is responsible, fire, explosion or natural phenomenon, in which the vehicle is involved, the victim (driver or passenger of the vehicle) or their dependents in the event of death, will be compensated for all damages resulting from the bodily injury suffered.
The compensation is calculated according to the rules of French law, i.e. according to the rules usually applied by the French courts in matters of compensation for victims of traffic accidents, regardless of the place of the accident, up to a limit of two hundred and fifty thousand euros (€250,000).
The compensation is understood to be after deduction of benefits of a compensatory nature paid or due by the social security bodies, the employer, the Fonds de Garantie des Assurances Obligatoires (compulsory insurance guarantee fund) or any other third-party payers referred to in Article 29 of the law of 5 July 1985.
In the event of death, this cover applies to compensation for the loss suffered by the victim's dependants, calculated in accordance with the rules of French law, and up to a limit of two hundred and fifty thousand euros (€250,000).
A deductible of 15% is applied to the only item of loss "Permanent loss of physical and mental integrity", the other items of loss are therefore compensated without deductible. No compensation will be paid for the loss item "Permanent loss of physical and mental integrity" if the rate determined is less than or equal to 15%.
Warranty exclusions
The following are excluded from the guarantee:
(i) Damage occurring during sports events, races or competitions (or their trials) subject to authorization by the Public Authorities;
(ii) Damage caused by the vehicle when carrying ionizing radiation sources intended for use outside a nuclear facility, where such sources would have caused or aggravated the loss;
(iii) Damage caused or aggravated by the transport of flammable, explosive, corrosive or oxidizing materials with the vehicle;
(iv) Accidents, claims or damage in general which occur while under the influence of alcohol, drugs or narcotics not prescribed by a competent medical authority, which may be punishable by law; or in the event of refusal to submit to checks intended to establish proof of these conditions, unless it can be shown that the accident was not related to this condition;
(v) Aggravation of permanent physical and psychological damage due to
negligence on the part of the User in their medical treatment;
(vi) Damage that occurs when, at the time of the claim, the User is underage or does not have a valid driving license (neither suspended nor expired). In case of an accident, the User shall send the Accident Report to SKUTA, within a maximum of forty-eight (48) hours, except in case of Force Majeure, from the date of the accident, as stated in Section 5.1.1 of these GCC.
The insurance does not cover:
- Damage to accessories (helmet, trunk etc.);
- Damage to and theft of personal belongings (including mobile phones);
- Punctured tyres in all cases;
- Damage resulting from driving the vehicle in conditions contrary to the rules of the road and road safety, as well as damage resulting from driving the vehicle by a third party other than the User.
- Insured property and/or activities when the insurer is prohibited from providing an insurance contract or service as a result of any sanction, restriction or prohibition provided for by conventions, laws or regulations, including those decided by the United Nations Security Council, the Council of the European Union, or by any other applicable national law.
- The insured goods and/or activities when they are subject to any sanction, restriction, total or partial embargo or prohibition provided for by conventions, laws or regulations, including those decided by the United Nations Security Council, the Council of the European Union, or by any other applicable national law.
- Damage or aggravation of damage, loss or claims resulting from: (i) civil or foreign war; (ii) international or non-international armed conflict as defined in the Geneva Conventions and in the judgements and decisions of the International Tribunals; (iii) invasion; or (iv) the explosion of munitions of war.
3.4.4.3. Obligations in the event of loss and/or accident
In the same way as for the detection of damage and/or incidents, in the event of a claim or accident, the User must immediately contact Customer Services.
In case of failure to do so, if the delay has caused damage to SKUTA and/or the Insurer, the User shall lose his/her right to compensation, unless the delay is the result of an act of God or Force Majeure.
The User shall provide Customer Services with the information and data requested for the purpose of providing coverage for the accident, which may be sent to the Insurer for the purpose of contacting the User and/or activating the insurance guarantee.
The User shall lose the benefit of the insurance guarantees, for all consequences arising from the claim, if he/she intentionally makes false declarations regarding the date, nature, causes, circumstances or consequences of the claim, as well as if the amount or seriousness of the damage is intentionally exaggerated or if inaccurate documents are used.
IV. PRICING
4.1. The free nature of registration
4.1.1.1. Registration and creation of the User’s account is free of charge, as is account maintenance. That means that unless the User contracts the Service, by reserving and/or using SKUTA vehicles, the User will not be charged any kind of fee for provision of Services.
4.1.1.2. SKUTA also offers a free preparation time to allow the User to prepare for the start of the Trip and, in particular, to allow him/her the necessary time to properly equip him/herself. The free preparation time will be automatically adapted according to the User's age and will therefore increase from 20 to 45 seconds for any User over 55 years old. If the user does not wish to be subject to this automatic age-based decision, he/she can contact SKUTA to request the application of the default 20 seconds preparation time function, in accordance with SKUTA's Privacy Policy.
4.2. Price per minute
4.2.1.1. Without prejudice to the other pricing formulas detailed below, the price of SKUTA’s Service is set by default as a fixed price per minute, based on the effective time of use of the Vehicle by the User.
4.2.1.2. The fixed prices applicable are detailed in Annex I - Prices by city, which vary depending on the type of use and the city in which the Service is provided.
4.2.1.3. At the end of each trip, the SKUTA Application automatically calculates the vehicle usage time, applying the applicable rates based on the usage types to calculate the total price for the Service.
4.2.1.4. The minutes are indivisible and the fixed price for the entire minute will apply, even if the User has only used seconds of the last minute, with the total number of minutes of duration for each period of use rounded up.
4.2.1.5. In order to stimulate its Users to make short trips on foot, SKUTA has implemented in some cities of operation, as detailed in Annex I - Prices by city, a flat fare for any Trip lasting less than 5 minutes, i.e. a Trip of a distance considered similar to the one covered in 15 minutes on foot. In this case, the fixed price per minute calculated on the basis of the actual time the User uses the vehicle will only apply from the sixth (6th) minute of the Trip (incl.) onwards.
4.2.1.6. Three different types of vehicle usage are differentiated which are charged at a price other than by the minute: Reservation, Pause and Trip, as defined in the following Sections.
4.2.2. Reservation
4.2.2.1. The vehicle reservation time before starting the trip, and up to a maximum of fifteen (15) minutes is free of charge. After this time has passed without the User having started their trip, the vehicle reservation will be automatically cancelled and the vehicle will appear in the SKUTA Application again as available for use by other Users.
4.2.2.2. If the User so wishes, they may extend the fifteen (15) minute reservation period, up to a maximum of two (2) hours, with a specific charge per minute applying from minute 16 (included) of the reservation in this case, as specified in Annex I - Prices by city.
4.2.2.3. The Reservation functionality may be temporarily restricted automatically by the SKUTA Application in the event that the User repeatedly makes and cancels vehicle reservations in succession.
4.2.3. Trip
4.2.3.1. The trip is considered to start when the user swipes the “Swipe to start” button on the SKUTA Application.
Unless the User has a Plan (without having exceeded its limits), has an active special discount on the per-minute price) or has credits available in its account virtual wallet, as anticipated in Section 4.3, the fixed price per minute stated in Annex I - Prices by city will apply.
4.2.4. Pause
4.2.4.1. A pause corresponds to the period during which the User decides to suspend their current trip for a certain time. The pause must be started by means of the SKUTA Application, using the key intended for the purpose. During the pause time, the fixed price per minute specified for that purpose in Annex I - Prices by city will apply.
4.3. Packs and Plans
4.3.1. Packs
4.3.1.1. The User may purchase any of the Packs of credits available at any time by means of the SKUTA Application.
4.3.1.2. Packs are a fund of credits expressed in euros that, when the purchase is complete, appear in the User’s account virtual wallet in the SKUTA Application and will entitle them to a Service with the equivalent value in euros, applying the price of the Service per minute applicable at each time as the conversion reference, as provided for in Section 4.2. above.
4.3.1.3. Credits purchased by means of a Pack may be used by the User on one or more occasions, with no time limit and until they have been fully used up, to contract any Services available in the SKUTA Application at the time of use of each credit.
4.3.1.4. Conversion and redemption will always be performed by applying the per minute Service prices applicable at the time the credits are used, and for the contracting of Services effectively available at that time in the SKUTA Application.
4.3.1.5. The effective purchase price of a Pack, compared to the value in euros of the credits it contains, represents a discount for the User with respect to the per minute prices applicable when the Pack is purchased.
4.3.1.6. SKUTA reserves the right to change the types of Packs available for purchase through the SKUTA Application at any time, which may also vary from one city to another, without such changes affecting the Packs already contracted and in force. Before confirming their purchase, the User will have access to the relevant information on the type of Pack for sale, namely, in particular its price including VAT, as well as the value in euros of the credits associated with the Pack. To simplify understanding of the Pack system for the User, without prejudice to the operation detailed in these provisions, SKUTA mentions the discount that this mode of purchasing credits implies in the description of each Pack by mentioning “free” credits included in the Pack. This reference to “free” credits, expressed in euros, derives from a price comparison made at the time of purchase between (i) the credits included in the Pack and the value of the Service to which they provide access and (ii) the price that would be paid for this same Service at the per minute prices in force at that time.
4.3.1.7. Payment of the price of a Pack will be made in full at the time of purchase by the User, using the means of payment provided for in Section 5.1. below. When the purchase is complete, the User will automatically receive a purchase receipt by e-mail, summarising the characteristics of the Pack purchased and its price, with these GCC being applicable to this in a subsidiary manner.
4.3.1.8. The billing conditions for the Packs will be as anticipated in Section 5.3. below, unless the User has not given his/her express consent to receive paperless electronic invoices during the registration process.
4.3.1.9. Right of withdrawal: For a period of fourteen (14) calendar days from the date of purchase, and as long as all or part of the credits included in the Pack have not been used to pay for Services already provided, the User may, in the exercise of their legal right of withdrawal inform SKUTA of their decision to withdraw by sending, before the expiration of the above-mentioned period, any other unambiguous statement expressing their wish to withdraw to the SKUTA Email address or via Customer Support Chat, in order to obtain a refund of the amount paid.
In this case, the credits in the Pack appearing in the User’s account will be eliminated and SKUTA undertakes to make the corresponding refund of the price as soon as possible, and in any case within a maximum period of fourteen (14) days from the User’s request. Exercise of the legal right of withdrawal will be completely free of charge, and may be exercised using the withdrawal form template attached as Annex V - Model Withdrawal Form.
4.3.1.10. No refund will be made after fourteen (14) calendar days after the date of purchase, or in any case after all or part of Pack credits have been used to contract Services already provided. The User declares that they understand that they may not exercise their right of withdrawal when they start the provision of Services with use of the credits included in the Pack purchased.
4.3.1.11. Without prejudice to the right to suspend and/or delete the User's account, SKUTA reserves in any case the right to limit and prevent, either temporarily or permanently, the contracting of Packs by a given User.
4.3.2. Plans
4.3.2.1. The User may, by using the SKUTA Application, contract any of the plans available at any time.
4.3.2.2. Plans are Service formulas that give the User the right, from the time of contracting the corresponding Plan, to use one or more vehicles of the fleet SKUTA operates for a certain amount of time in consecutive periods determined in hours or days, and this during the term of the Plan.
4.3.2.3. According to the specifications for each Plan, the User will have the right to use any vehicle that is available at any time in the SKUTA Application, and this until the limit of minutes set out in the Particular Conditions of each Plan available in the SKUTA Application.
4.3.2.4. The User may choose to use vehicles, once or repeatedly, as long as the maximum daily duration of the Plan is not exceeded.
4.3.2.5. Even if the maximum duration of the Plan has not been reached on a given period, the User will not be entitled to exceed that limit on the following reference. The minutes included in the Plan must be used on the corresponding reference period They are not cumulative and cannot be transferred from one reference period to another.
4.3.2.6. If the User exceeds the reference period time limit included in the contracted Plan, the additional time will involve the provision of a Service excluded from the Plan, and the general conditions provided for in these GCC will apply to the Plan, in particular the price per minute specified in 4.2. above, to the entire trip during which the limit was exceeded (charged from the 1st minute).
4.3.2.7. SKUTA reserves the right to change the types of plans available through the SKUTA Application at any time, which may also vary from city to city, without such changes affecting Plans already contracted and in force. The Plans are personal and may not be ceded, transferred or subcontracted to any third party who is not the User who contracted them.
4.3.2.8. The contracting of a Plan by the User involves an obligation of continuity during the term of the Plan. In case of a breach of this obligation, and early cancellation of the contractual relationship during the term of a Plan, SKUTA will proceed to apply a penalty proportional to the unfulfilled period of continuity by not refunding any amount paid by the User on the basis of the contracted Plan.
4.3.2.9. Before confirming their acceptance and contracting a given Plan, the User will have access to the relevant information on the type of Plan they are contracting, in particular: (i) the total price, including VAT; (ii) the usage limit in minutes as determined in the Plan (i.e. 24h minute limit, minute limit for the entire duration of the Plan, etc.).; (iii) the period of Plan validity; as well as (iv) the continuity period and consequences of non-compliance. The provisions of these GCC will apply to whatever is not regulated in the description and Particular Terms and Conditions of each Plan available in the SKUTA Application.
Payment of the price of a Plan will be made in full at the time it is contracted by the User, using the means of payment anticipated in Section 5.1. below.
4.3.2.10. When contracting is completed, the User will automatically receive an e-mail summarising the contractual terms applicable to the contracted Plan and its price, with these GCC being applicable to this in a subsidiary manner.
4.3.2.11. The billing conditions for the Plans will be as anticipated in Section 5.3. below, unless the User has not given his/her express consent to receive paperless electronic invoices during the registration process.
4.3.2.12. Without prejudice to the right to suspend and/or delete the User's account, SKUTA reserves in any case the right to limit and prevent, either temporarily or permanently, the contracting of Packs by a given User.
4.4. Solidarity and Inclusive Fares
4.4.1.1. Depending on the city in which it operates, SKUTA may offer discounted prices exclusively for certain groups, including senior citizens, scholarship students and certain vulnerable groups. Information on these fares is available via the SKUTA Application at the Help Desk. To benefit from these discounts, the User must send a request by email to: TarificationsSolidaires@rideSKUTA.com.
4.4.1.2. These fees are not available in all cities of operation and are subject to specific conditions. The User must provide all supporting documents proving his or her status as a beneficiary at the time of application and, where applicable, on a regular basis.
4.5. Offers, promotions and programmes
4.5.1. Special offers, promotions and gifts
4.5.1.1. SKUTA reserves the right to offer its Users Services free of charge by awarding credits expressed in euros, which will appear in the User’s account virtual wallet in the SKUTA Application. These will entitle the User to a free Service of an equivalent euro value, applying the price of the Service per minute applicable at each time as the conversion reference, as provided for in Section 4.2. above.
4.5.1.2. The credits granted by SKUTA in this way, once included in the User’s account virtual wallet, may be used by the User on one or more occasions (with or without time limit and until they are used up, as the case may be) to contract any Services available in the SKUTA Application at the time the credit is used. Conversion will always be performed by applying the per minute Service prices applicable at the time of the use of the credits, and for the contracting of Services effectively available at that time in the Application.
4.5.1.3. The conditions applicable to obtaining and effectively loading these credits into the User’s account virtual wallet will vary depending on the origin of the credits.
4.5.1.4. Excluding the provisions for the case of Packs and the YMC loyalty programme covered respectively in Sections 4.3.1. and 4.3.2. of these GCC, the credits defined here may have the following cases as their origin:
(i) Promotional campaigns: Within the framework of a given promotion campaign, credits granted by SKUTA will be provided by means of coupons.
A coupon is a promotional code provided in electronic or paper form and which can be redeemed in the SKUTA Application, under certain conditions, automatically leading to the appearance of the credits associated with the coupon in the User’s account virtual wallet.
The promotional campaigns SKUTA conducts, which may result in the issuing of
coupons, may be published on-line or off-line by SKUTA and in collaboration or not with any third parties. The informational media published and accessible by the User within the framework of these promotional campaigns will specify the conditions applicable to them, with these GCC applicable in a subsidiary manner in any case.
In general, coupons have a reference city, and/or depending on the case may be (-) individual, not bearing the person’s name, and have a limit date for use: each coupon distributed will have a unique promotional code that can only be used by a single person (the User holding it) within a certain period of time, or (-) generic, not bearing the person’s name, and having a limited number of uses: several coupons have the same promotional code that can be used by several people and it is the number of uses that is limited. The User may not redeem the coupon after it has expired or if the maximum number of uses associated with the coupon has already been exceeded.
The User will need to retain their individual coupon with due diligence, avoiding access to it and redemption by a third party. Coupons, whether generic or individual, do not bear the person’s name, but they are of single or limited use, and SKUTA will not be responsible for the loss or theft of any coupon or for exhaustion of the usage limit number before a particular User has been able to redeem them. The User may not redeem an individual coupon that has already previously been redeemed by another User, nor may they redeem a generic coupon if the maximum number of uses has been reached previously, regardless of the reason and without SKUTA assuming any responsibility for the situation generated by its Users in such cases.
(ii) Credits for recommendations: SKUTA may offer its Users credits for recommending SKUTA Services to other people. To do this, SKUTA will give the User access to a reference code through their account. If any third party enrols in the SKUTA Application, duly creating an account using another User’s reference code, and makes a trip of at least two (2) minutes, that account creation and trip completion will automatically result in the appearance of the credits associated with the recommendation in the origin User’s account virtual wallet, as well as the new User’s wallet.
The number of credits associated with each recommendation that leads to successful creation of another User account, with at least one two (2) minute trip, will be mentioned at each time in the corresponding section in the SKUTA Application.
In any case, the same reference code may be used a maximum of ten (10) times by third parties, with the maximum number of credits that the same User is eligible to obtain from recommendations always being capped.
The User will need to retain their reference code with due diligence, avoiding access to it and use by unknown people. Codes do not bear the person’s name, but a usage limit applies to them, and SKUTA will not be responsible for unwanted dissemination of any reference code.
(iii) Credits for compensation: SKUTA may freely and unilaterally decide to grant credits, which will appear directly in the User’s account virtual wallet, as a goodwill gesture in case SKUTA considers that the Service provided was not optimal for any reason, even if not attributable to SKUTA. In no case will SKUTA be obliged to grant any kind of compensation credits on the basis of these GCC, and granting such credits will at all times be at SKUTA’s free and unilateral decision.
4.5.1.5. The conditions applicable to any initiative carried out by SKUTA with the aim of granting credits to its Users will be determined unilaterally by SKUTA, which assumes no obligation to its Users.
4.5.2. The loyalty programme – YMC
4.5.2.1. The SKUTA Application has a User loyalty programme called SKUTA MotorClub, or YMC, which consists of (i) gifting credits to its Users from time to time; and/or (ii) donating part of the Service price charged to the User to not-for-profit or for-profit third parties, all according to the number and characteristics of the Services previously contracted by the User.
4.5.2.2. The YMC programme is structured as determined by SKUTA into levels and ranks achieved by contracting a specific number of certain Services.
4.5.2.3. When the User reaches a certain rank or level, SKUTA will inform them of the gift and/or the donation that may have been generated as a result of it.
4.5.2.4. SKUTA reserves the right to notify in advance or not its Users of the nomenclature of the YMC programme levels and ranks or the nature of the corresponding gifts or donations.
4.5.2.5. SKUTA reserves the right to modify its internal definition of the YMC programme levels, ranks or even rewards applicable at any time, and may even suspend the loyalty programme itself at any time, regardless of the reason.
4.5.2.6. By not communicating the definition of the YMC programme levels and ranks, SKUTA does not at any time undertake to deliver a particular gift or make a particular donation for the contracting of a previously specified number of Services.
4.5.2.7. As a programme determined unilaterally by SKUTA, which is totally free and beneficial to the User, this will apply to all SKUTA Users without distinction and without it being necessary for the User to give specific consent or to perform any additional registration or enrolment procedure, after the creation of their account and acceptance of these GCC.
4.5.2.8. Application of the YMC programme will be uniform and identical for all Users at any given time, i.e. the system will give the same gift to two Users who have reached the same level or rank at the same time. As SKUTA may modify its internal definition of levels and ranks, it may be that two users who have reached the same level or rank at different times do not receive the same gift.
4.5.2.9. The gifts are credits, expressed in euros, that will appear in the User’s account virtual wallet in the SKUTA Application and will entitle them to a Service with the equivalent value in euros, applying the price of the Service per minute applicable at each time as
the conversion reference, as provided for in Section 4.2. above.
4.5.2.10. Credits granted by SKUTA in this way may be used by the User on one or more occasions, with no time limit and until they have been fully used up, to contract any Services available in the SKUTA Application at the time of use. Conversion will always be performed by applying the per minute Service prices applicable at the time of the use of the credits, and for the contracting of Services effectively available at that time in the SKUTA Application.
4.5.2.11. Donations will consist of a SKUTA commitment to make a donation equivalent to a certain portion of the price of the Service contracted and paid at that time by the User to a certain not-for-profit or for-profit third party of its choice. In this regard, SKUTA will inform the User at the appropriate time of the exact amount and of the identity of the beneficiary of the donation generated on the basis of the YMC programme. The actual payment of the donation amount may subsequently be made in accordance with the agreement with the third-party beneficiary entity. SKUTA will be free to choose and modify at any time the entities that it includes as recipients of donations under the YMC programme.
4.5.3. The vehicle relocation programme
4.5.3.1. From time to time, SKUTA establishes vehicle relocation programmes, offering users reduced prices for contracting certain Services that assist it in managing its vehicles, increasing their level of availability.
4.5.3.2. These programmes are not available at all times or in all cities where SKUTA operates, and SKUTA reserves the right to activate or not to activate these programmes depending on its needs, transmitting relevant information to users at Service contracting time through the SKUTA Application.
4.5.3.3. Vehicles that are included in these relocation programmes are marked in the Application with a star or a lightning icon as being part of a “promotion”/ ”promo”.
4.5.3.4. These vehicles are selected either manually or by a SKUTA Application algorithm based on various criteria, ranging from location to immobility and/or battery level.
4.5.3.5. Two types of vehicle relocation programmes are distinguished: repositioning (“Relocation”) and charging areas (“Pit zones”):
- Relocation: Vehicles included in a Relocation programme are always marked with a star icon in the SKUTA Application. When selecting a vehicle marked in that way, a message indicating the existence of specific areas marked with a specific color, as indicated through the SKUTA Application, where the User will have to park the vehicle for the corresponding discount to be applied.
- Pit zones: Vehicles included in a Pit zones programme are always marked with a lightning icon in the SKUTA Application. When selecting a vehicle marked in this way, the specific charging areas in which the User will have to park the vehicle during the opening hours of the corresponding charging zone, for the corresponding discount to be applied, will be delimited in colour. The opening hours for each charging zone can be viewed by selecting the zone in the Application.
4.5.3.6. The User will be informed of the amount of the discount before confirming Service contracting. The discount may only be applied, on a single occasion, on the price of that Service, i.e. if the price corresponding that trip is lower than the applicable discount, the Service will be free of charge, but that discount may not be applied in whole or in part to the price of the following Services contracted by the User.
4.5.3.7. The User may choose whether or not to comply with the requirements defined to be eligible for the discount. If the User respects the conditions indicated in this regard by parking the vehicle included in the programme in the areas and time frame communicated, the discount will be applied to the User automatically, deducting from the price of that Service.
4.5.3.8. The application of the discount will be outlined in the Service summary the User will receive via e-mail, as well as on the corresponding invoice, which will be issued in accordance with Section 5.3. below.
4.5.4. Training programmes and driving lessons
4.5.4.1. SKUTA organises training programmes for its Users, and the conditions of participation are communicated directly via the SKUTA App or, if applicable, by email to the User. The User may at any time request information on the training programmes, if any, available in each city of operation.
4.5.4.2. SKUTA reserves the right to change the type, nature and/or number of training courses offered to the User at any time, in each city of operation. In cases where training is required to be offered by SKUTA in accordance with local regulations, the essential conditions are specified in Annex IV - List of Mandatory Training Offerings.
<1>V. BILLING AND METHODS OF PAYMENT
5.1. Credit or debit cards as a means of payment
5.1.1.1. Following the process of registering and creating an account in the SKUTA Application under the terms anticipated in Section 2.1, the User will need to register at least one credit or debit card as a means of payment. Credit or debit card registration is optional during the registration and account creation process, but mandatory in order to access the Service and use the vehicles.
5.1.1.2. The User may choose to add more credit or debit cards by associating them with their account and at each time determining the card that SKUTA is to use for payment for Services provided through the SKUTA Application. By default, the card to be used as means of payment will be the last credit card registered by the User in the SKUTA Application.
5.1.1.3. The User undertakes to register only credit or debit cards of which they are the holder or for which they have previously obtained the required authorisation from the holder for use.
5.1.1.4. The User may register Visa, Mastercard or American Express credit or debit cards, and will have to enter the corresponding data in the form to which access will be given in
the SKUTA Application, including the full card number, its expiry date and the CVC code that appears on its reverse.
5.1.1.5. In accordance with SKUTA’s Privacy Policy, SKUTA does not collect the data associated with its Users' credit or debit cards, rather the party responsible for handling this data is the authorised entity Stripe, which will act as the payment platform, and will be the only party to have access to that data, ensuring the management and security of the bank transactions generated in the SKUTA Application. The User declares that they understand and accept the operation of the Stripe payment platform, committing to hold SKUTA harmless in case of any incident caused by the intermediation of Stripe.
5.1.1.6. When the User registers a credit or debit card in the SKUTA Application, a charge of zero (0) euro or one (1) euro, as permitted by the User's bank, will be automatically made to check its validity and the existence of funds. This will be returned to the User a few minutes after the charge.
5.1.1.7. The User may at any time update the credit or debit card(s) data associated with their account in the SKUTA Application and agrees not to contract any Services in the SKUTA Application without having duly registered a valid credit or debit card in an account, which has sufficient funds to pay the price of the requested Service, and over which they have full right of use and disposition.
5.1.1.8. As an alternative payment method, SKUTA offers the possibility to add a payment account, Apple pay or Google pay depending on the system on the User's mobile phone. SKUTA does not undertake that this alternative payment method will be available at all times, and it does not replace the need to have an activated and sufficiently funded credit or debit card associated with the User's account.
5.2. Payment methods
5.2.1.1. By registering a credit card in the SKUTA Application, the User expressly authorises SKUTA to proceed, unilaterally and automatically, to charge for the Services provided, as well as any debt that has been generated in favour of SKUTA in accordance with these GCC.
5.2.1.2. Apart from the purchase of Packs and Plans covered in Section 4.3, the charges for provision of Services will be made at the end of each Service, with the SKUTA Application automatically calculating the corresponding price according to the Service Area, the type of usage and its duration, all based on these GCC.
5.2.1.3. In the case of Packs and Plans, the purchase price of these will be charged by SKUTA using the same method of payment as defined in Section 5.1., but at the time of purchase or contracting, and in full, regardless of when the Services are effectively delivered.
5.3. Billing
5.3.1.1. At the end of each Service, unless the User has previously expressly requested otherwise of SKUTA, the User will automatically receive a receipt of the Service provided by e-mail that can be downloaded, with the breakdown of the minutes used with the corresponding price, and, if applicable, the corresponding number of credits
used. The User will have access in the SKUTA Application at all times to a history of the Services provided at least during the previous twelve (12) months.
5.3.1.2. Subject to the prior and express consent of the User, an electronic invoice will be issued automatically and can be viewed and downloaded from the SKUTA Application in the User’s account on the first day of the following month. The User may at any time request the sending of an invoice in paper format, or revoke his/her general consent to receive invoices in electronic format, by simply communicating this request through any of the channels referred to in Section 8.1.1.1.
VI. PROCEDURE IN CASE OF ACCIDENT, VANDALISM OR THEFT
Without prejudice to the general obligation to inform assumed by the User and regulated in Section 3.1.3. above, in the event of an accident, theft or vandalism of the vehicle during provision of the Service, the User must comply with the specific procedure detailed below.
6.1. Accidents or vandalism
6.1.1. In case of accident or act of vandalism, the User must:
(i) Notify SKUTA of the incident as soon as possible, unless Force Majeure so prevents, at the time of the incident at the end of the Service and in any case within 48 hours at the latest, by e-mail to the SKUTA E-mail Address or via Customer Support Chat; SKUTA will decide whether to send an operator to the scene and whether the User should remain there until the operator’s arrival;
(ii) Take photos of the SKUTA vehicle from every angle, as well as of any third-party vehicle involved in the accident where applicable, whether or not there is visible damage, and following the instructions included in Annex III - A guide to management of accident reports and end of trip photos;
(iii) Take photos of any damage caused by the accident or vandalism to installations or objects present at the scene, whether private or public, as well as the general layout of the situation;
(iv) Duly complete an accident or incident report where appropriate, following the instructions in Annex III - A guide to management of accident reports and end of trip photos, particularly collecting the information of the driver of any other vehicle involved in the accident, as well as those of their insurance company;
(v) Send the accident or incident report to SKUTA at the SKUTA E-mail Address as soon as possible and, in any case, within forty-eight (48) hours of the incident, except in case of force majeure. The delay may in no case exceed the duration of the force majeure which justifies it.
6.2. Theft of the vehicle and/or its accessories
6.2.1. In case of theft of the vehicle and/or any of its accessories, the User must:
(i) Notify SKUTA of the incident as soon as possible, unless Force Majeure so prevents, at the time of the incident at the end of the Service, by e-mail to the SKUTA E-mail Address or via Customer Support Chat;
(ii) Contact the competent authorities immediately, if necessary travelling to a police station and filing the corresponding report;
(iii) Send a copy of the theft report to SKUTA as soon as possible, by e-mail to the SKUTA E-mail Address, and within forty-eight (48) hours of the incident in any case, except in case of force majeure. The delay may in no case exceed the duration of the force majeure which justifies it.
6.3. Penalties related to accidents, acts of vandalism or theft
6.3.1. Without prejudice to the liability regime for damages set out in Section 3.2. of these GCC, SKUTA reserves the right to apply the penalties anticipated in Annex II - Table of damages and penalties if the User fails to obey the rules laid down in the provisions of this Section VI regarding the procedure applicable in the event of an accident, vandalism or theft.
VII. PROCEDURE IN CASE OF FINES
7.1. Handling of fines and crane services
7.1.1. General principle of liability and penalties applied by SKUTA
7.1.1.1. In accordance with the provisions of these GCC, the User is the party solely responsible for compliance with any traffic and parking regulations during provision of the Service and, as such, they must pay any fine, surcharge or penalty imposed by the police and other authorities as a result of User’s failure to comply with any of these rules.
7.1.1.2. In certain cases, the application of these sanctions by the competent authorities will involve the removal of the vehicle used by the User by means of a municipal crane service, with the User taking responsibility in any case for all the economic consequences that such circumstances may entail.
7.1.1.3. Regardless of the payment by the User of the aforementioned sanctions and the expenses resulting from them, SKUTA reserves the right to apply additional contractual penalties for SKUTA’s handling of those sanctions, all applying the penalty amounts provided for in Annex II - Table of damages and penalties.
7.1.1.4. That is, SKUTA may apply the penalties anticipated in Annex II - Table of damages and penalties for handling of the sanctions, fines or administrative penalties attributable to the User. SKUTA reserves the right, at its discretion, to aggregate these penalties in cases where SKUTA has to intervene more than once in the handling of sanctions, fines or administrative penalty proceedings attributable to the User. These amounts shall be added together to the amount of the fine or sanction itself which the User will need to pay to the Competent Authority, or reimburse SKUTA where applicable.
7.1.2. Procedure applicable in case of fine with removal by crane
7.1.2.1. If a SKUTA vehicle is removed by a crane service or equivalent, SKUTA will verify the identity of the User responsible by checking in the SKUTA Application (-) whether the place of use or parking place used by the vehicle’s last User matches the place of removal reported by the crane service; and (-) whether the photograph taken by the User at the end of the Service as anticipated in Section 3.1.5.4. enables their liability to be excluded or not.
7.1.2.2. Unless the photograph taken by the User clearly shows that the vehicle was correctly parked at the end of the Service in a place authorised for this purpose, without any temporary or permanent parking prohibition in that area according to public data, the last User who used and parked the vehicle will be considered to be liable for the parking penalty applied, including the crane service expenses.
7.1.2.3. Once the identity of the User responsible has been verified, SKUTA will send them a written notification by e-mail, informing them of the sanction and reminding them of the applicable system of penalties in accordance with these GCC.
7.1.2.4. SKUTA will in any case, by means of its own teams, recover the vehicle in the municipal pound within a maximum period of forty-eight hours (48h) from the notification of the sanction, applying additionally the corresponding contractual penalty according to the provisions of Annex II.- (Table of damages and penalties). The User expressly agrees to allow SKUTA to manage this procedure, and to proceed to the collection of the corresponding charges (including the foreseen penalty) using the same payment method as the one provided for the payment of the Services.
7.1.3. Procedure applicable in case of fine without removal by crane
7.1.3.1. In the event of any penalty being imposed without crane intervention, regardless of the non-compliance that is the source of the penalty, the authorities will request the details of the User responsible from SKUTA, to notify them directly of the sanction applied.
7.1.3.2. The SKUTA Application will identify the User responsible automatically, based on the time and place of the events notified by the authorities, as well as the details of the vehicle involved. When identifying the User responsible, SKUTA will limit itself to sending the corresponding contact data to the authorities, if it has them, the User giving their express consent for SKUTA to proceed with this communication.
7.1.3.3. In the event that, despite a valid designation by the User to the competent authorities, SKUTA is faced with an administrative attachment resulting from a penalty of any kind attributable to the User, SKUTA reserves the right to charge the User the corresponding amount, increased by the penalty provided for this case in Annex II (Table of damages and penalties). The User expressly authorises SKUTA to proceed to the recovery of the corresponding costs (including the contractual penalty) using the same means of payment as used for the payment of the Services.
7.1.3.4. If the data associated with the User's account is for whatever reason unavailable, incomplete or out of date, SKUTA, if it deems it appropriate taking into account the time limits for payment of the penalty, reserves the right to (i) pay the amount of the penalty on behalf of the User and to re-invoice the corresponding amount plus the penalty provided for in Annex II (Table of Damages and penalties ), reserves the right to (i) pay the amount of the penalty on behalf of the User and to re-invoice the corresponding amount plus the penalty provided for in Annex II - Table of damages and penalties, or (ii) notify the relevant User by e-mail of the imposition of the penalty, requiring him/her to provide the necessary data for the processing of the penalty. Failure to comply with the obligation to identify the driver may result in an additional and significant administrative penalty (e.g. in France a penalty of approximately 400.00 Euros) which will be systematically charged to the User who has not complied with the request for data transmission made by SKUTA to this effect within the aforementioned time limit. The User undertakes not to pay the administrative penalty directly before the identification of the driver has been carried out by SKUTA with the Administration, otherwise the additional administrative penalty shall be borne by the User.
If the User refuses or does not comply with the request to communicate the data within the following twenty-four hours (24h), SKUTA reserves the right to pay the sanction at the User's expense, charging him/her the corresponding cost plus the penalty foreseen in this case in Annex II - Table of damages and penalties.
The User gives his/her express consent for SKUTA to manage this procedure, and to proceed to the collection of the corresponding costs (including the foreseen penalty) using the same payment method as the one foreseen for the payment of the Services.
7.1.3.5. Notwithstanding the above paragraphs, in certain cases the authorities require directly to SKUTA the payment of penalties, without requesting the User's data from SKUTA beforehand (e.g. parking penalties in paid parking areas). In these cases, SKUTA will make the payment directly. Subsequently, after having automatically identified the responsible User taking into account the time and place of the events reported by the authorities, as well as the data of the vehicle involved, SKUTA will pass on the amount of the penalty to the User together with the penalty for handling the fine as provided in Annex II - Table of damages and penalties.
7.1.3.6. All costs and charges suffered by SKUTA, and the penalties resulting from legal processes and sanctions identified above, must be paid by the User who was using the vehicle at the time of the offence subject to the sanction.
7.1.3.7. Failure to pay the penalties and/or sanctions will result in the blocking and/or deletion of the User’s account, and SKUTA may, in addition to claiming these amounts, take the measures it deems appropriate to recover the damages caused, as well as filing any actions for claims it considers relevant in the corresponding jurisdiction.
7.2. Delays in payment and claims for non-payment
7.2.1. If charging of the price of any Service, or any amount owed by the User to SKUTA, is not possible using the credit card(s) registered in the account, regardless of the reason, the User’s account will be blocked automatically.
7.2.2. When the User’s account is blocked due to non-payment, SKUTA will send the User a first notification by e-mail, informing them of the situation, mentioning the unpaid amount, as well as the information the User’s bank has sent to SKUTA regarding the reason for rejection.
7.2.3. SKUTA will automatically attempt to make the charge again using the same means of payment every two (2) days for one (1) month. The User may pay the total debt at any time through the SKUTA Application. The User’s account will not be reactivated and no Services may be contracted until the existing debt has been paid.
One (1) month after the Service has provided and the first attempt to charge was made, a yearly interest rate of three percent (3%) will be applied to the amount of
the debt.
7.2.4. SKUTA reserves the right to apply the penalty for non-payment provided for in Annex II - Table of damages and penalties, proceeding at any time to outsource the debt collection process, all without prejudice to any legal action it may initiate where appropriate, claiming costs from the debtor User.
7.2.5. In case of non-payment, SKUTA may, in addition to blocking the account, proceed to permanently delete the User’s account. In this case, SKUTA will send the User an e-mail of information anticipated in Section 2.1.4.2 above regarding the deletion of their personal data.
7.3. Economic penalties for failure to comply with the GCC
7.3.1. Certain contractual conditions included in these GCC and assumed by the User are considered essential and, as such, specific economic penalties are anticipated in case of non-compliance and regardless of whether or not SKUTA has suffered damages as a result. All the penalties applicable in case of non-compliance are listed in Annex II - Table of damages and penalties, including a description of the behaviour, the reference to the obligation not complied with in these GCC and the amount of the corresponding penalty.
7.3.2. Prior to applying any penalty and proceeding to collect the penalty, SKUTA undertakes to notify the User by e-mail of the application of the penalty, specifying the facts that have given rise to the penalty.
VIII. CONTACT AND CUSTOMER SERVICE
8.1.1.1. The User may contact SKUTA through the following channels:
(i) By post or certified fax to the registered address of the company responsible of the Service mentioned in introduction.
(ii) By e-mail using the SKUTA E-mail Address: info@rideSKUTA.com;
(iii) Through the Customer Support Chat accessible within the SKUTA Application.
8.1.1.2. SKUTA recommends a User preference of the Customer Support Chat to contact SKUTA, as there are operators responding to users’ requests through this channel at all times while the SKUTA Service is open in the corresponding Service Area.
8.1.1.3. The reactivity and response times of these operators may vary depending on the volume of requests currently being handled by the Customer Support Chat.
8.1.1.4. The Customer Support Chat operators are trained to answer any questions the User may have regarding the Service, and to manage any incidents that may have arisen during Service provision.
8.1.1.5. Complaints and/or claims: The User may make any complaint or claim on the Services provided by SKUTA through any of the channels described here. For complaints and/or claims in Spain, the User may download below the different official Complaint Forms made available by each Autonomous Community: Catalonia (click here), Valencian Community (click here), Andalusia (click here) and Aragon (click here); and submit them to SKUTA through any of the channels referred to in Section 8.1.1.1. above. Once the complaint and/or claim has been received by SKUTA, it will be managed by SKUTA
in accordance with the applicable regulations in each case.
8.1.1.6. The SKUTA Application also has a space with answers to frequently asked questions, accessible in several languages, which the User can consult at any time in case of doubt.
8.1.1.7. A telephone assistance service is available through the SKUTA Application for people with reduced mobility and for users over 55 years of age. The User shall request through the Customer Chat to be contacted by a specialised operator. SKUTA may ask the User for information related to his/her status that is necessary to respond to his/her request.
IX. GENERAL PROVISIONS
9.1. Amendment of the GCC
9.1.1. SKUTA reserves the right to make changes to these GCC, including to the pricing policy. Any modifications made will be announced to Users by e-mail in accordance with that anticipated in Section 1.2., and they will be published on the SKUTA website, as well as in the SKUTA Application.
9.2. Separability
9.2.1. In the case that one or more of the clauses in these GCC are declared invalid or null, this will not affect the validity of the remaining clauses. In this case, the parties undertake to complete the resulting spaces according to the spirit and the presumed will of the contracting parties and to replace the invalid clauses with valid clauses that are as close as possible to those invalidated in the economic and non-material sense.
9.3. Referral to the Privacy Policy
9.3.1. In all matters relating to personal data processed by SKUTA in the framework of the Service provision, the User must refer to SKUTA’s Privacy Policy, and may contact SKUTA in case of doubt via privacy@rideSKUTA.com.
9.4. Languages
9.4.1. These GCC are available in English, French, Spanish and Catalan, and the User may request the sending of any of these versions by SKUTA through the Customer Support Chat or by e-mail to the SKUTA E-mail Address.
9.5. Jurisdiction and Applicable Law
9.5.1. This contract is private in nature. This contract will be governed and interpreted according to the legislation in force in the country where the Service is provided, French or Spanish as the case may be, without prejudice to the protection that may be guaranteed by the mandatory consumer rules of the place of the User's habitual residence in accordance with Article 6.2 of Regulation 593/2008 (Rome I).
9.5.2. Furthermore, any dispute arising in connection with this contract, regardless of the cause, will be resolved in the jurisdiction of the Courts and Tribunals of the Service
User’s address, except in cases where the Law determines a mandatory jurisdiction other than the previous in response to the facts in dispute.
9.5.3. In the specific case of a Service provided on French territory, in accordance with the provisions of article L.611-1 et seq. of the French Consumer Code, for any dispute of a contractual nature between the User and SKUTA, which could not be resolved through a complaint previously submitted to SKUTA, the User has the possibility to have recourse free of charge to the Consumer Mediator who will be the mediator of the Conseil national des professions de l'automobile (CNPA), domiciled at 50, Rue Rouget de Lisle 92158 Suresnes Cedex, and who can be contacted by e-mail at the following address: mediateur@mediateur-cnpa.fr
The terms and conditions of referral are more fully available on its website at the following address: www.mediateur-cnpa.fr, subject to compliance with the conditions of admissibility of the request and within one (1) year from the date of the written complaint to SKUTA. If the mediation process fails to result in an amicable agreement between the parties, the dispute arising from the SKUTA Service registration or its use shall be submitted to the exclusive jurisdiction of the French courts.
SKUTA-E-SCOOTERS (PTY) LTD,
14 Weenen Street, Hartenbos,
Mossel Bay, Western Cape, 6520, South Africa
privacy@skuta-e-scooters.com