BINBIN BH USER AGREEMENT
1. CONTRACTING PARTIES
This Agreement is concluded between the service provider BinBin d.o.o. with headquarters in Zagreb, Ivana Zahara 3, OIB 07800497838 and the end user under the terms of this Agreement by the consent of the contracting parties.
In this Agreement, BinBin d.o.o. is the “SERVICE PROVIDER”, the end user is the “USER”, and collectively as the “CONTRACTING PARTIES”.
2. SUBJECT OF THE CONTRACT
This Agreement governs the conditions related to the rental services (hereinafter referred to as “Services”) offered through the BinBin mobile application and the rules of use of the application. If the USER does not accept the conditions specified in this Agreement, the USER will not be able to access and use the Services. In the event that the USER accesses the services through the application, it is considered that all conditions from this Agreement, which represent the contractual relationship between the USER and the SERVICE PROVIDER, have been accepted and approved. This Agreement replaces previous agreements between the CONTRACTING PARTIES. In chronological order, the last contract approved by the USER cancels the previous contract. The USER is obliged to read this Agreement carefully before using and/or visiting the BinBin website or mobile application.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE SERVICES.
3. DEFINITIONS
The terms used herein shall have the following meanings:
3.1 Vehicles: Refers to electric scooter/e-scooter type vehicles that BinBin d.o.o. previously put into circulation and put them into use, provided that the conditions specified in this Agreement are met.
3.2 Fee: Excluding other fees (distance fee, damage compensation, fines, etc.) determined according to the USER’s period of use, refers to the fee that the USER will pay for a maximum of 24 (twenty-four) hours of use.
3.3 Services/Service: Services offered by BinBin d.o.o. include;
(i) BinBin-Electric Scooter mobile application and associated website, (ii) BinBin-electric scooter, (iii) All other related equipment, personnel, services, applications, websites and all information that BinBin d.o.o. creates or offers.
3.4 Rules: Contains all rules contained in this Agreement regarding the USER’s use of the Services or published on the BinBin website or other parts of the mobile application.
3.5 User: Refers to the end user who wishes to use the BinBin mobile application to use the services offered by BinBin.
3.6 Personal Data/Confidential Data: Data necessary to identify the user of any kind including name/surname, gender, address, phone number, email address of the user and any other data.
4. RENT AND USE OF THE VEHICLE
4.1 Within this Agreement, the condition for using the Service; The USER must register and use an active USER account of the service (“Account”). The USER must be at least 16 (sixteen years old) to create a user account and use the service. For persons under 16 (sixteen years of age) the use of BinBin vehicles is not possible under any conditions, even under the condition that they have the consent of their parents/legal representatives. Identity and age verification may be requested to access and use the Services. USER accepts that if he refuses to show proof of identity, access and use of the Services may be blocked. In the event that BinBin d.o.o. discovers in any way that the USER is registered in the system by entering wrong/incorrect/false/falsified information about the user’s identity, the USER’s access will be blocked and the USER’s Account will be removed, and the provision of Article 18 of this Agreement will be applied.
4.2 The USER undertakes to provide BinBin with at least one valid payment method (credit card or other accepted payment method) when creating a USER account, along with personal information such as name/surname, current address, phone number and age. The USER accepts, declares and undertakes that all information provided on his account is accurate, complete, true and up-to-date. The USER agrees that access to and use of the Services will be blocked if he enters an unacceptable or expired payment instrument or provides incorrect, incomplete and outdated information. If the USER is associated with fraudulent activities, the SERVICE PROVIDER reserves the right to take legal action, report such action to the competent institutions and demand compensation from the USER.
4.3 The USER can access the vehicle located near his location via the “BinBin” mobile application. To start using it, you need to read the barcode (QR code) on the mobile application. After completing the trip, the USER undertakes to lock the Vehicle via the mobile application and to end the trip by photographing the Vehicle and uploading the photo to the system, as well as not to go beyond the boundary lines shown in the BinBin application. BinBin provides the Services if the Vehicles are available and does not guarantee the availability of any Vehicle at any time. In order for USERS to benefit from the service, the USER agrees and undertakes to deliver the Vehicle on time and correctly.
4.4 The USER accepts that he/she is solely responsible for accessing the data network to use the Services. USER is aware and accepts that if he accesses or uses the Services from a device with wireless Internet access, mobile network data will be used. USER agrees to be responsible for the software and/or updates required to use the Services offered in the BinBin mobile application. BinBin does not guarantee that the Services and any part of the Services will work with any particular software and/or device. The USER is aware that there may be a malfunction and/or delay in the Services due to the use of the Internet and electronic communication, and accepts this situation from the beginning.
4.5 USER is one user. BinBin and the USER are the only parties to this Agreement. The USER is an individual user and is solely responsible for all the stated terms and conditions from this Agreement. When the USER activates the vehicle in his region, he accepts and undertakes to use only this vehicle. The USER accepts, declares and undertakes that he will not, under any circumstances, give possession or make available the vehicle he has activated for use by third parties. The USER and the third party are jointly and severally liable for the damage to the vehicle that the USER made available to third parties and for all other damage resulting from it.
4.6 The USER hereby declares that he has the necessary skills to use the Vehicle. The USER accepts and undertakes that he is familiar with the use of the Vehicle and that he is physically and mentally capable of using the Vehicle. By agreeing to use the Vehicle, the USER irreversibly accepts all responsibilities and risks that may result from personal injury, material and non-material damage to third parties, death or property damage. The USER is solely responsible for determining whether adverse weather conditions such as rain, fog, snow, hail, ice, temperature changes or lightning affect the use of the Vehicle. The USER is obliged to adjust his driving habits and braking distance according to other factors such as weather, visibility, environmental factors and traffic conditions while driving. The SERVICE PROVIDER is not responsible under any circumstances for damage that occurs when driving the vehicle to the USER or third parties.
4.7 While the USER uses the Services; will respect the environment, third parties and other living beings, will adhere to the traffic rules prescribed by the current laws for electric scooters in matters related to driving the vehicle (driving rules, parking rules, etc.). ). The user accepts, declares and undertakes to comply with these rules and is solely responsible for any damages that may arise due to his/her violation of these rules. In addition, the User agrees and undertakes to comply with the rules that must be followed by all road users, including drivers of electric scooters, in terms of the Road Traffic Safety Act as well as all other legal and by-laws.
4.8. THE USER MUST NOT
1) drive on the sidewalk if there is a separate bicycle route or bicycle path,
2) drive on highways, expressways and roads that are designed for driving at speeds over 50 km/h,
3) drive parallel to other vehicles in one lane of the road,
4) Drive on footpaths,
5) Drive attached to another vehicle, suspension, etc.
6) Drive with acrobatic movements, except for shows with permission,
7) Drive with one hand, except when the signal for a maneuver is given,
8) park in a way that violates public order, private property and prevents safe and independent movement, traffic of vehicles and pedestrians, disabled people or persons with reduced mobility,
9) when following other vehicles, passing, maneuvering, behave in a way that hinders and hinders the movement of road users,
2) transport other persons,
3) transport cargo and passengers except for personal items that can be carried on the back,
4.9. The USER undertakes to use the Services only for legal purposes, otherwise, he will be held responsible for any damage that may occur, and in the event that the Services are used contrary to the provisions of this Agreement and the laws of the Republic of Croatia, Article 18 of this Agreement shall apply. Also, the USER can never be a BinBin user again.
4.10. The USER accepts and knows that the Vehicles are not available 24 hours a day, 7 days a week and 365 days a year. Vehicles must be rented within the maximum rental period specified below. The total number of vehicles is limited and BinBin never guarantees vehicle availability.
4.11 The USER agrees to use the vehicle only within the area determined by BinBin and the boundaries of which will be displayed in the mobile application. It is forbidden to take vehicles outside the limits specified in the mobile application. In the event that these vehicles are withdrawn from the areas intended for use by the USER, BinBin will disable access to the vehicle. At the same time, you accept that the USER who violates this obligation will also accept the penalty prescribed in Article 20 of this Agreement.
4.12 The USER must comply with the rules regarding the use and operation of the Vehicle. User; in accordance with legal regulations, taking into account the specifics of the Vehicle, he is obliged and responsible to use the necessary equipment for safe driving, including a protective helmet, protective glasses that will protect the eyes against external influences or impaired vision, reflective clothing for night driving and everything else prescribed by law obligations.
4.13 In addition to the above rules, the USER undertakes to comply with the following rules for safe driving:
(i) It is prohibited to use the vehicle in speed races, motor sports and similar activities.
(ii) It is forbidden to enter public transport by vehicle.
(iii) It is forbidden to transport the vehicle in private vehicles.
(iv) While driving, it is forbidden to use a mobile phone, tablet, portable music player/device or any other device or thing that disturbs the USER while driving the vehicle.
(v) The USER accepts and undertakes not to use the vehicle while under the influence of alcohol, medication, drugs or any substance that may interfere or stop the ability to drive safely.
(vi) The USER may not transport another person or children on the Vehicle or drive with two or more people.
(vii) At the end of the trip, the Vehicle must be locked. In case the USER does not lock the vehicle, the journey will continue and the travel fee will still be charged to the USER. The USER is solely responsible for situations of disruption of public order and peace that may occur due to an unlocked vehicle and for damage suffered by BinBin.
(viii) In the event that the USER is unable to lock the Vehicle due to the locking mechanism, they must contact BinBin immediately and directly. The USER is obliged to protect the Vehicle during that period.
(ix) USER shall only use locking mechanisms provided by BinBin and shall not lock the Vehicle in any other manner or with any other lock. Except in a state of extreme emergency, locking the Vehicle by any means other than the specified method or with another lock is the same as leaving the Vehicle unlocked, and the USER will be responsible for all damages caused by the violation.
(x) When the trip is completed, the USER agrees, declares and undertakes to park his BinBin vehicle in a publicly visible place in accordance with traffic rules.
(xi) The vehicle must be parked in the places specified in Article 4.10. The vehicle may not be parked on private property without special permission, a locked/closed area or any other private area. In addition, the Vehicle must not be parked in an area with heavy traffic where there is a risk of overturning. The vehicle cannot be parked on a non-public area. The vehicle must be parked in a visible manner on a public surface. The USER accepts and undertakes to be aware of all these situations and limitations, is aware of them and will act as necessary.
(xii) If the vehicle is parked on unauthorized private property, on any non-public area or in any area that will prevent other USERS from accessing the vehicle in violation of the established rules of this Agreement, the USER will be responsible for any damage that may occur.
(xiii) USER agrees not to use the vehicle for racing, acrobatic or other special driving or other inappropriate driving. The USER agrees not to use the vehicle on dirt roads, water areas (in a way that makes it impossible to drive) or any prohibited, illegal or area where it is not allowed to operate the vehicle. The USER agrees and undertakes not to use the vehicle for the purpose of assignment or rental, in violation of any law, rule or regulation.
(xiv) The total load capacity of the vehicle is a maximum of 100 kg. During the use of the vehicle, the USER can carry a total of 100 kg including his own weight.
(xv) BinBin – Electric Scooter is an electric vehicle whose battery must be recharged periodically in order to operate. The USER accepts and undertakes that the vehicle is an electric vehicle and that he will use the vehicle in a safe and prudent manner in light of all restrictions and requirements that apply to it.
(xvi) The vehicle’s battery level will decrease with use (and based on road and weather conditions), and as the vehicle’s charging power decreases, the vehicle’s speed and other optional features may also decrease (or decrease altogether).
(xvii) at the time of pick-up of the Vehicle for rent or during the operational process, BinBin does not guarantee the charging power level of the Vehicle rented by the USER and the charging power level of the Vehicle may change during each rental.
(xviii) BinBin does not guarantee the rate of loss of battery level during use of the vehicle. The rate of loss of power/battery level may vary depending on road conditions, weather and other factors and/or things. The USER is obliged to check the battery level on the vehicle and ensure that the battery level is sufficient for driving the vehicle.
(xix) BinBin can never guarantee the distance and/or time the USER can use before the vehicle loses charging power. Including before it reaches the USER’s desired destination, the vehicle may stop working at any time during the rental. BinBin has no responsibility if the Vehicle is empty during the rental, the USER can conclude the drive in accordance with all the conditions of this Agreement. The fee is calculated in accordance with the Rules according to the period for which the Vehicle was used. The USER is prohibited from charging the Vehicle in any way.
(xx) The USER is obliged to immediately report any accident, collision, damage, personal injury, death, stolen or lost vehicle to BinBin d.o.o. and competent authorities. Including but not limited to errors of use, the USER is responsible for all civil and criminal liability, other costs, damages and losses, injuries and/or death, claims, costs and expenses, fines, attorneys’ fees and costs related to stolen vehicle and accepts that they are the responsibility of the USER.
(xxi) In order for other USERS to benefit from the service, the USER accepts and undertakes to deliver the Vehicle on time, as received, in full and in good condition.
5. FEES AND PAYMENT
5.1 Fees and tariffs of transportation prices are subject to change depending on the location of the USER during use and in cases where there is excessive demand for vehicles by the USER; The fee determined in this way is displayed to the USER in the mobile application before starting to use the vehicle. The billing process begins when the USER reads the barcode (QR code) on the mobile application into the system and continues until the trip is completed and the photo is uploaded to the mobile application. In cases where the USER completes their trip without uploading a photo, the usage fee will continue to be charged.
5.2 The USER can use the vehicle for a fee per ride or within the price range specified in the mobile application. In all cases, BinBin may charge costs and other fees, and the costs and fees are subject to applicable taxes and other legal obligations. BinBin collects fees from USERS (by credit card, prepaid card or any other accepted payment method) as defined in this Agreement. The USER is responsible for all expenses related to rides and reservations, damages, repair costs, operating costs and penalty clauses called “Penalties” prescribed in Article 20 of this Agreement. Penalties may be collected directly by BinBin without notice if BinBin discovers a violation related to any payment method it has added to the mobile application.
5.3 At its sole discretion, promotional codes (“Promotional Codes”) may be created that may substitute for discounts, other features or privileges related to the Services subject to additional terms determined individually by BinBin for each. Promo codes are one-time offers and can only be used via the mobile app. Promotional codes: (i) must be used in accordance with all laws for the intended purposes, (ii) may not be copied, sold, transferred, made available to the public in any way, unless expressly stated by BinBin, (iii) may be canceled by BinBin at any time without any liability to BinBin. (iv) may be used in accordance with the specific terms and conditions set by BinBin for each promotional code, (v) may not be used as cash, (vi) may expire prior to USER’s use, (vii) may not be converted to cash. BinBin reserves the right to update or cancel promotional codes. Promotional codes are limited to one USER and one account only and cannot be used with other offers
5.4 The maximum rental period for a trip is 24 hours. The USER accepts, declares and undertakes to lock the Vehicle through the mobile application within the 24-hour rental process and complete their journey by photographing the Vehicle and uploading the photograph to the system/application. The USER can rent the Vehicle again later. The USER is solely responsible for being aware of time delays that may occur during the Vehicle locking process. Accumulated rental fees will be billed by BinBin to the USER when the vehicle is returned. Vehicles that are not returned within 48 hours (locked and finished driving) will be considered lost or stolen, and the USER will be charged compensation in the value of the vehicle in (nominal amount) kuna, and BinBin will report the incident to the police. BinBin may also charge EUR 90 (677 HRK) as a service fee for rentals that exceed 24 hours and are not classified as stolen or lost.
5.5 The USER who signed up to use the Services must provide details of a valid credit card or prepaid card or other payment instrument approved by BinBin (“Payment Instrument”) with an expiration date. The User accepts, declares and undertakes that any credit card, debit card or prepaid card notified to BinBin will be used by BinBin and/or the electronic money payment institution/bank with which BinBin has a contract, limited to collection purposes only. The USER authorizes BinBin to collect all fees that the USER creates from the Payment Agent. BinBin may collect all fees and fines prescribed by this Agreement from the User, as well as other fines caused by the User using the service, and such fines are received by BinBin for collection. Fees and charges are subject to applicable taxes and other payment obligations. If, due to a problem or lack of funds, it is not possible to pay with credit cards or in advance with cards, payment will be requested from the USER by loading the card or introducing another card with a limit into the system. BinBin reserves the right to take legal action if the USER refuses to pay.
5.6. If the USER does not settle his debts from this Agreement on time or does not make a payment from the Payment instruments he has submitted, interest will be calculated for each month in delay in accordance with the Law on the rate of default interest.
5.7 If the USER objects to the fee charged by the Payment Instrument, he must notify BinBin in writing within 10 days before the end of that month and provide BinBin with all relevant information, such as the date of the ride and the approximate start and end times of that ride. BinBin considers objections filed within the deadline, taking into account business books and records, technical records and records from the BinBin camera. If the USER’s complaint is justified, within seven (7) days from the determination of correctness, the wrongly charged fee for the service will be returned to the USER’s account. The USER declares and undertakes to know that BinBin cannot collect any fees, interest and other claims due to late return and agrees to the same.
5.8 The USER agrees and undertakes to notify BinBin immediately and in writing of all changes related to Payment Instruments and possible card thefts. In case of theft or loss of the USER’s mobile phone, the request to remove the Account in the system should be immediately sent to BinBin and written. BinBin is not responsible for any direct or indirect damage resulting from late notification of the USER, theft of the card or, accordingly, use of the application by third parties.
6. RIGHT OF OWNERSHIP
6.1 The USER agrees that the vehicle and all BinBin equipment listed here are privately owned by BinBin d.o.o.. The vehicles may not be seized, retained or confiscated due to the debts of the USER or third parties.
6.2 The USER confirms that he knows that there is a geographic location identification, especially a vehicle tracking system in vehicles.
6.3 The USER must not disassemble, damage, write on the vehicle or modify, repair or destroy the Vehicle, any part of the Vehicle or any BinBin d.o.o. equipment. The stickers on the vehicle must not be scratched, peeled off, changed or torn. Your use of the Services does not give you the right to use the trade names, trademarks, logos, product and service names of BinBin d.o.o. for advertising, promotional or reference purposes without the prior written permission of BinBin d.o.o.. The USER is solely responsible for all damages resulting from the violation of these rules, and BinBin d.o.o. will unilaterally terminate this Agreement between the USER and BinBin d.o.o. Termination of this Agreement cannot be interpreted as a waiver of the rights of BinBin d.o.o. to compensation for damages. In addition, it is not possible for the USER to be a user of BinBin d.o.o. again. mobile applications. However, the USER is not responsible for normal depreciation and corrosion caused by the use of the Vehicle.
6.4 It is strictly forbidden to:
(i) Removal, destruction of copyright, trademark or other proprietary notices from any part of the Services and similar matters;
(ii) Reproduction, modification or preparation of derivative works associated with the Services, distribution, licensing, leasing, sale, resale, transfer, publicizing, expropriation, transfer, publication or other misuse of the Services, unless expressly permitted by BinBin d.o.o. and similar things;
(iii) Disassembling the scooter, opening the motor or battery cover, reverse engineering or taking apart parts of the scooter, or any similar actions for any purpose is strictly prohibited.
(iv) Alignment, transmission or framing of any part of the Services and similar matters;
(v) Running or using any program or code that overburdens or blocks the operation or functionality of the Services for the purpose of mining, indexing, research or other data mining operations, and for similar matters;
(vi) Attempt to access or interfere with unauthorized access to the Services, related systems or networks and the like.
7. ADDITIONAL TERMS OF USE
7.1 Security control
7.1.1 Before each use of the vehicle, the user must ensure the basic safety controls considered in this article: (I) tire durability; (II) safe operation of all brakes and lights; and (III) the appropriate payload weight that the scooter can handle; (IV) sufficient battery level and (V) any signs of damage, unusual or excessive wear or other mechanical problems that can be clearly seen.
7.1.2 The USER agrees not to use the vehicle in the event of any conspicuous situation indicating that the vehicle is defective and to immediately report this situation to BinBin’s customer service.
7.1.3 If the USER starts using a vehicle that is not suitable for use, he has the right to return it free of charge within 2 minutes. In this case, he can rent another vehicle from the system free of charge. If there is no other vehicle near the USER or suitable for use, BinBin cannot be charged. However, if the vehicle is used despite the fact that it is defective and/or the situation is not reported, the USER cannot subsequently request a refund. A USER who receives a damaged Vehicle and does not immediately notify BinBin in writing of this situation, is solely responsible for any damage that may occur if an accident occurs during this trip.
7.2 A vehicle is considered lost or stolen in the following cases: (i) if it is not returned within 24 consecutive hours, (ii) if the GPS unit is disabled, (iii) if it is parked on private property, a locked area or any which public area without permission more than 10 minutes after the end of the journey, (iv) is not authorized in the absence of any third party or any other user journey if it is moved or (V) if BinBin determines that a situation has occurred that causes it to be considered vehicle stolen
exceptionally, if no reasonable reasons are given, the USER accepts that the responsibility for lost or stolen vehicles belongs to the end USER who completed the trip with that Vehicle. If BinBin assumes that the vehicle is stolen or lost, it may take any action (with the knowledge of the end user of the vehicle or unless otherwise specified), including but not limited to return and other appropriate compensation and notification to the relevant authorities.
The USER agrees to inform BinBin that the Vehicle is lost or stolen as soon as possible, i.e. immediately upon learning of the circumstances of the vehicle’s disappearance. The parties agree that the information in the BinBin database will be binding and solid evidence in a possible dispute in accordance with the Law on Civil Procedure.
7.3 Driving Safety
7.3.1 In accordance with laws and regulations, the characteristics of the vehicle, the use of a protective cap (helmet), sunglasses to protect the eyes that will not obstruct the view or protection from external influences, reflective clothing for night driving, as well as other necessary equipment for safe driving in is entirely the responsibility of the USER.
7.3.2 BinBin recommends that all USERS use a Snell, CPSC, ANSI, or ASTM approved safety helmet that is appropriate for their body size and conforms to Snell, CPSC, ANSI, or ASTM approval as recommended by the manufacturer.
7.3.3 The USER assumes all risks of not wearing a protective helmet or protective equipment. The USER is obliged to comply with additional security measures or warnings that are not expressly stated in this Agreement, but prescribed by legal and by-laws.
7.4 Vehicle route
USER agrees that BinBin does not provide the route or area for use of the Vehicle, and BinBin never guarantees the safety of the area where the trip takes place. The user is aware that roads, sidewalks, pavements and vehicle roads can be dangerous for travel due to weather, traffic or other risks.
7.5 Service and Use Limitations
7.5.1 The USER agrees that BinBin is not a carrier of any kind. The public and the USER are presented with alternative options for private and public transport, including public transport, taxis and footpaths. BinBin offers Vehicles only as an alternative, and this service is intended for use only by persons who can use the vehicle independently and who have accepted all the terms and conditions of this Agreement.
7.5.2 BinBin makes every effort to ensure that the Services are available 365 days a year, but BinBin does not guarantee that these Services will always be available in the event of force majeure, unforeseen events or other circumstances. Access to the Services is also dependent on the availability of the Vehicle. BinBin does not guarantee that the Services and Vehicles will be available at any time. USER agrees that BinBin may recall the vehicle at any time.
8. LIMITATIONS
At its sole discretion, BinBin may limit or completely prevent the USER’s use of the Services or terminate its electric scooter rental activities, without assigning any reason at any time and without the USER’s consent. In addition, when the use of electric scooters is prohibited or suspended in accordance with the decisions of state institutions and organizations within the framework of relevant regulations, USERS accept and undertake that the use of the vehicle is not possible and that they will comply with the decisions of state institutions, organizations and competent authorities.
9. PROTECTION OF PERSONAL DATA
9.1 BinBin agrees to protect the confidential information of the USER by taking the measures it takes to protect and preserve its own confidentiality, at no less than a reasonable level, and will limit it to authorized employees (including its own employees) who have an absolute need to know the information. BinBin processes personal data of USERS in accordance with the Personal Data Protection Act, and information regarding the processing of personal data is presented to users in the text of the Explanation.
9.2 The USER accepts and declares that he has read and approved the explanatory text attached to this Agreement.
10. DISCLAIMER AND LIMITATION OF LIABILITY
THE USER AGREE THAT ALL RISKS ARISING FROM HIS/HER USE OF THE SERVICES SHALL BE HIS/HER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
No indirect, incidental, special, misdemeanor, punitive and similar consequences, including loss of profit, loss of data, personal injury and/or death and material and non-material damage, arising from the use of the service can be charged to BinBin, even if BinBin warned of any damage that might occur. If BinBin warns of the possibility of any damage or adverse consequence, it cannot be held responsible for any damage, adverse consequence, liability or loss arising from: (i) USER’s use of the Services, their relationship with the Services, or access to or use of the Services. (ii) BinBin shall not be liable for any delay in performance or failure caused by causes beyond BinBin’s reasonable control.
The USER is personally and fully responsible for the safe movement of the Vehicle. The USER accepts and is aware of the fact that even if the Vehicle is recently serviced or the electric scooters are put into use as new, it may break down and these defects may cause an accident, damage, injury, death due to an accident.
To the extent permitted by law and subject to USER’s use of any service, vehicle or related equipment, BinBin; makes no warranty of any kind, including express or implied warranty. All Services, Vehicles and related equipment are provided “as is” and “as available” and reliance is at USER’S sole discretion. The USER declares that by using any Service, he knows that it is unpredictable that the Vehicle and the associated equipment carry visible and invisible risks and dangers such as injury, death of the USER and material damage.
11. FORCE MAJEURE
11.1 The term force majeure means natural disasters, riots, wars, strikes, attacks on the application/hacking, website, system despite BinBin taking necessary information security measures, but not limited to those that develop beyond the reasonable control of BinBin and which will be interpreted as unavoidable events that cannot be prevented or eliminated despite having shown due diligence.
11.2 In all cases that are considered force majeure, the Parties are not responsible for delayed or incomplete performance or non-performance of any of their obligations established by this Agreement.
12. RESOLUTION OF DISPUTES
In the event of a dispute arising in connection with this AGREEMENT and the use of services that are the subject of this Agreement, the competent local court shall have jurisdiction.
13. EVIDENCE OF DATA
In case of any disputes that may arise from this Agreement, the Parties agree that BinBin business books and records, computer records and data, electronic and system records kept in its database and servers, business messages, correspondence applications for instant messages, e-mails, social networks, correspondence are evidence in any proceedings.
14. WAIVER
A party’s failure to exercise or enforce any right granted to it in the Agreement does not constitute a waiver of such right, nor does it prevent further exercise or enforcement of that right. The invalidity, illegality and unenforceability of any provision of this Agreement shall not affect the validity and enforceability of the other provisions of the Agreement.
15. TRANSFER OF AUTHORITY
The USER may not transfer or assign his rights and obligations from this Agreement, in part and/or in full, to third parties without the written consent of BinBin.
16. SUBSEQUENT AMENDMENTS AND AMENDMENTS TO THE AGREEMENT
This Agreement covers the entire term and agreement between the Parties regarding the services to be provided and work to be performed by BinBin, and supersedes and supersedes all prior agreements between the Parties regarding the aforementioned service. Without seeking the consent of the USER, BinBin may unilaterally change, supplement or improve this Agreement at any time. The use of the Services after any regulations and changes made to this Agreement means that the USER has accepted these changes and regulations so that he is responsible for those changes. The USER should regularly read this Agreement in order to be informed about the introduced changes and regulations. If any changes are made to this Agreement, BinBin will post a statement on both the website and mobile application. The fees and penalties set forth on the Website and Mobile Application supersede all fees and penalties set forth in this Agreement.
17. INTERPRETATION OF CONTRACT
The headings of the articles in this Agreement do not affect the interpretation of the Agreement. The word “or” means nothing but its own meaning. The word “including” means “including but not limited to”. Unless the context otherwise requires, each singular or plural word indicates a singular or plural number. All pronouns include masculine, feminine and neuter forms.
18. TERMINATION OF CONTRACT
The parties may terminate this Agreement at any time without prior notice and by unilateral declaration. In case of termination of this Agreement, this situation does not affect the mutual claims of the Parties. In the event that the USER terminates this Agreement, he must immediately stop using the Services offered by BinBin. However, the USER; accepts that BinBin will charge fees and expenses for the use that the USER performs until the termination of this Agreement and that it is responsible for the other losses and damages listed above.
19. CANCELLATION AND REFUND
The USER should immediately report technical problems that occurred / will / may occur during the use of the vehicle (e.g. electronic-manual locks cannot be unlocked, the vehicle starts driving in the app, but after unlocking it shuts down) to BinBin via support@ binbinscooters.com addresses. The request and notification of the problem sent by the USER will be resolved or removed by BinBin within 2 working days; if the problem requires technical inspection, it will be completed within 7 working days. As a result of inspection of this notification by BinBin, if it is determined that the technical fault was caused by the vehicle itself, the necessary actions are taken to cancel the payment by the USER or to return it in full/partially to the USER within 14 days of the notification at the latest. The refund process is enabled under the same conditions as the payment method and payment instrument chosen by the USER at the time of payment, and is carried out within 2-15 days for credit cards and 10-24 days for debit cards, depending on the bank’s regulations or the deadline processing of the repayment resulting from the contract with the USER. But if the USER has approved the BinBin WALLET – Individual contract with the end user, refunds will first be made in HRK (Kuna) as a gift to the USER’s Wallet account. If the USER wants to request otherwise, he is obliged to call the BinBin Call Center or send an e-mail to BinBin via the address support@binbinscooters.com, the refund will be made to the appropriate bank account in accordance with the above procedure.
20. PENALTIES
If the USER violates the rules and regulations set forth in this Agreement and/or transmitted through the mobile application, BinBin will charge the following penalty amounts from the USER. The User accepts, declares and undertakes to understand the situation, will act in accordance with the provisions and legal conditions of the Agreement; otherwise, BinBin will charge the amount of the penalty clauses listed below from the Payment Instruments.
If they cannot be collected, he/she will pay this amount at the first request of BinBin; otherwise, he accepts, declares and undertakes to know that, in addition to the right to compensation for damages caused by the breach of contract, BinBin will also demand the amount of the agreed fine
(i) Damage caused by the USER; The price of the repair will be determined up to 500 EUR (3765.00 HRK)
(ii) Stolen goods and/or loss of Vehicle; The price of the scooter is 1000.00 EUR (7530.00 HRK)
(iii) More than one person using the vehicle EUR 50.00 (HRK 376.50)
(iv) Illegal parking EUR 20.00 (HRK 150.60)
(v) Parking on roads or paths for people with disabilities EUR 40.00 (HRK 301.20)
(vi) Using and leaving a BinBin BH vehicle outside the designated area EUR 100.00 (HRK 753.00)
(vii) Parking a vehicle on non-public or private property EUR 50.00 (HRK 376.50)
(viii) Entry into public transport vehicles with an electric vehicle EUR 30.00 (HRK 225.90)
(ix) Vehicle transportation by private vehicle EUR 100.00 (HRK 753.00)
(x) Use of BinBin BH site by someone other than the account owner or transmission of incomplete, inaccurate and untrue information about the USER account EUR 50.00 (HRK 376.50)
(xi) In the event that the vehicle is lost in any way (falling into a river, etc.); the price of the scooter is 1000.00 EUR (7530.00 HRK)
(xii) Exceeding the maximum rental period EUR 250.00 (HRK 1882.50)
(xiii) Non-coordinated recording of a photo of the end of the ride three times in a row is up to EUR 5.00 (HRK 37.65)
The collection of fines regulated by this article shall not prevent BinBin’s right to claim additional operating costs and damages that exceed the fine, and BinBin reserves all legal and criminal rights and claims that may arise from violations of this Agreement and/or the law. If you think there has been a wrong disclosure, send an e-mail to destek@binbinscooters.com with a reasoned and clarifying text.
21. ADDRESS FOR CORRESPONDENCE
BinBin BH may provide notice as a general notice through the Services, by sending an e-mail to your e-mail address, through a mobile application or in writing to the address specified in your Account. Unless the parties notify the other party in writing of changes to their current e-mails within 3 (three) days, they agree that requests sent to the old e-mails will be valid and will be deemed to have been sent to them. You can reach BinBin BH by sending an email to support@binbinscooters.com.
22. STATEMENT OF ACCEPTANCE BY THE USER
User; declares, accepts and undertakes that he has read, understood and accepted all articles, terms and conditions in this Agreement and that he approves the accuracy of the information he has provided about himself and that he is fully aware of the legal and binding effects of the Agreement. USER accepts that his legal rights and remedies are limited under the Disclaimer and Limitation of Liability. The USER declares and undertakes that he is familiar with the use of the Vehicle and is reasonably competent and physically and/or mentally capable of using the Vehicle. User; confirms and accepts that he is 16 years of age or older, that he will take the safety measures prescribed by the rules, that he will not enter the vehicle with another passenger, respect all traffic rules and use the vehicle accepting all risks. User; by approving this Agreement irrevocably accepts, declares and undertakes that he has read, understood and accepted the terms and conditions specified in this Agreement and the access and use of the Services.
23. ENTRY INTO FORCE
The USER has electronically accepted all the terms and conditions of this Agreement and it will come into force from the moment the USER fills out the registration form.
BinBin BH will publish the current conditions under the same link with the current date in case of any changes to this Agreement. The updated applicable Agreement will be valid and effective from the time of posting, and all existing or new USERS will be subject to the terms and conditions of this updated Agreement. Your continued access to or use of the Services after such notice constitutes your agreement to be bound by the modified terms.
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