Eagle Electric Transport of Shared Passengers Srl - registered office in Piazza Giovanni Bovio, 22 - 80133 Naples - VAT number and company register number: 09782321211.
General conditions definitions
"Eagle Etsp Contract" and any other mention "Eagle Etsp" are attributable to the owner company .Eagle Electric Transport of Shared Passengers Srl
"Site" the website of Eagle Etsp - Electric transport of shared passengers can be consulted at www.eagleet.it.
"App Eagle" the Pandora Srl software application for Android / IOS operating systems installed and running on mobile devices.
"Eagle Area" the limited area of the place where the Scooter object of the Service is located at the time of the Rental, as shown in the Map.
"Map" the specific map of the place where Eagle Etsp performs the Service available for viewing by the User on the App.
"User" the natural person possessing the requirements indicated in these General Conditions.
"Device" the mobile phone device used by the User to use the Service;
"Credit Card" the credit card owned by the User issued by an authorized bank in Italy and whose details are indicated by the User in the registration procedure in the App.
"Eagle ID" the identification system chosen by the User to access the personal area of the App, as well as to conclude Scooter Contracts and use the Service.
"Code" identification and control code of the scooter in QR Code and numerical format located in the center of the handlebar of each scooter. "Scooter" the electric scooter provided by Eagle Etsp and used by Users to use the Service.
“Eagle Etsp Service” or “Service” or “Rental” means the rental service of the Scooters, as well as the accessory or related services, such as the location of the Scooter performed by Eagle Etsp in accordance with the Contract.
"Rental Period" the time period of execution of each Eagle Etsp Contract which extends from the confirmation of the activation of the Scooter and which ends with the actual return of the same Scooter as required by these General Conditions.
"Eagle Etsp General Conditions" these general conditions of contract which govern and form an integral and substantial part of each Eagle Etsp Agreement.
"Eagle Etsp Contract" the contract between the User and Eagle Etsp governed by these Eagle Etsp General Conditions which has as its object the performance of the Eagle Etsp Service through the conclusion of individual contracts.
“Tariff Plan” the economic conditions for using the service.
"Penalties" are the sanctions applicable to Users in the event of violation of the Framework Agreement, as indicated in the current Tariff Plan.
"Decree" MIT Decree of 04.06.2019 (published in the Official Gazette no. 162 of 12/07/2019) for the definition of the implementation methods and the operational tools for testing the road circulation of vehicles for personal mobility in mainly electric propulsion, such as segways, hoverboards and scooters, pursuant to art. 1 paragraph 102 Law 30 December 2018 n. 145 on "State budget for the financial year 2019 and multi-year budget for the three-year period 2019-2021".
“Budget Law” the regulatory provisions contained in Law no. 160 of 27/12/2019 (published in the Official Gazette no. 304 of 30/12/2019) with particular reference to art. 1 paragraph 75 in mind of which: “The scooters that fall within the power and speed limits defined by the decree of the Minister of Infrastructure and Transport of 4 June 2019, published in the Official Gazette no. 162 of 12 July 2019, are equivalent to the cycles referred to in the highway code, referred to in Legislative Decree 30 April 1992, n. 285. "
"Highway Code" the Legislative Decree n. 285/1992 and ss. mm. ii.
"Customer Service" Assistance center available from 7:00 to 20:00 which can be contacted by e-mail firstname.lastname@example.org.
1. THE ETSP EAGLE SERVICE
The Service allows the User to use a Scooter in the Eagle Etsp Area one or more times, by virtue of the Contract and in accordance with the Regulations. For each use of the Scooter, the User and Eagle Etsp conclude a Contract to which these General Conditions and the Rate Plan published in the Eagle App are also applicable.
REQUIREMENTS TO USE THE SERVICE
In order to use the Service, the User must:
having reached the age of majority pursuant to the Regulations; however, anyone who is at least 14 years old (“Minor”) and is in possession of the AM license may use the Eagle Scooter. If the Minor is not in possession of an AM license, he may use the Scooter only in the event that the parent or legal guardian of the Minor himself: i) has registered the Account on behalf of the minor; ii) has given its consent; iii) has undertaken to supervise the use of the Service by the Minor; iv) has declared and guaranteed that the same and the Minor have accepted these Terms and Conditions and has also guaranteed to be fully responsible for any charge relating to damage to property and / or persons that may derive from the use of the services from part of the Minor, by sending a specific e-mail to the address: email@example.com, in accordance with the provisions of these Terms and Conditions and in any case according to the provisions of Italian law. Alternatively, the user: must have a credit card and / or a prepaid card. Also possess a Device that meets the technical requirements of the Eagle App. The technical compliance of the Device is verified during the initial registration process for the Eagle Service. Eagle does not guarantee any technical compatibility between the Eagle App and the Device and assumes no responsibility with the compliance of the Device with the technical requirements of the Eagle App. During each rental period and until the end of the same, the User must also use a data connection service, supporting all costs on the basis of the agreements in place with the telephone service company of his choice. All requirements must be maintained for the duration of the Agreement. Any supervening lack of one or more requirements must be communicated in writing to the Customer Service who may suspend the Service and, if necessary, terminate the Contract. Eagle Etsp reserves the right to deny access to the Service on the basis of its unquestionable assessment of the potential Customer's solvency, or on its previous incorrect operation with Eagle or with any other operator operating in the scooter Sharing sector.
3. RENTAL PROCEDURE
In order to use the Rental, the User must carry out the appropriate procedure for registering their data on the Eagle App and thus obtain their ID. Each User can register only one Account. The right to refuse the registration of an Account or to suspend or close an Account is left to the sole discretion of the rental service provider. The User will not be able to authorize third parties to use their Account, or to transfer or otherwise transfer their Account to any other person or entity in order to access or use the Services. By completing the registration procedure on the Eagle App, the User:
- fully accepts the Eagle Etsp General Conditions by concluding the Eagle Etsp Agreement;
- fully accepts the Tariff Plan.
In order to complete the registration and use the Service, it is necessary to meet the minimum requirements indicated in these General Conditions. Where deemed necessary, the User may be required to provide proof of his identity in order to access or use the Services and the same User may be denied access to or use of the Services, if he or she refuses or is unable to provide proof of his identity. To this end, the User must immediately inform Eagle Etsp in writing if he is no longer in possession of the requirements set out in these General Conditions through the Customer Service. The registration procedure is subject to subsequent confirmation by Eagle Etsp, with the right to verify the documentation provided by the User with the competent administrative authorities. To initiate or conclude an Eagle Etsp Contract, the User must access the Eagle Etsp App through their Device and activate the Scooter using the QR code or code indicated under the QR code (so as to allow the Code to be recognized) according to the instructions provided by Eagle Etsp.
4. AVAILABILITY OF THE SERVICE
The User acknowledges and renounces to raise any objection and / or dispute on the availability of the service in the Eagle Etsp Area within the hours defined in the contract. Eagle Etsp cannot be held responsible for any negative effects or consequences suffered by the User (eg delays) resulting from the unavailability of the Scooters. Services may be made available or accessible in connection with third party services and content. Access to the services while using the Scooters is subject to the terms and conditions applicable to third parties. Eagle Etsp has taken all reasonable precautions in offering the service to ensure its reliability, completeness or timeliness but makes no representations on the full functionality of the application and / or the basic software. Therefore, it does not guarantee for delays and / or interruptions that may occur on the use of the application and other services. The Customer is aware that the Service may be subject to limitations and impediments that go beyond Eagle Etsp's control, such as, by way of example and not limited to:
5. ETSP EAGLE CONTRACTS
Each Contract stipulated between the User and Eagle Etsp will be considered finalized at the time of confirmation in the App as provided for in the previous articles 5 and 6, with consequent start of the Rental Period, also for the purpose of determining the amounts due in force tariff plan in force on the date of conclusion of the Contract. The Rental Period, for each individual Rental Agreement, cannot exceed the limit of 1 continuous hour to ensure the sharing of vehicles, except for exceptions written by Eagle Etsp.
6. PRELIMINARY CHECK OF SCOOTERS
Before using the Scooter, the User is always required to carefully check that the Scooter is free from malfunctions, defects or damage. The verification must be particularly rigorous with reference to the braking system, handlebars, structure, tires and acceleration device of the Scooter which must be previously tested by the User - together with his ability / ability to drive the Scooter - several times along a safe path in the absence of other people or vehicles.
The start of the Rental Period and the use of the Scooter for the purposes of the test for the first 5 meters. will be reimbursed by Eagle Etsp through a re-credit or a bonus equal to the cost of one release and one minute of Rental. The User must report to Eagle Etsp as soon as possible any malfunction, defect or damage that he has noticed through the Customer Service, also in order to correctly attribute any responsibilities. The User is aware, acknowledges and accepts that, in the event of failure to communicate, the damage will be entirely attributed to the User who used the Scooter at that time and that Eagle Etsp will not be held liable for any damages that may occur to the itself and / or to third parties derived from the use of the vehicle. In any case, it is strictly forbidden to make or have modifications and / or repairs carried out on the scooter.
7. USE OF THE SCOOTER
Users undertake to use the Scooter within the Area delimited by Eagle Etsp, and will be able to circulate, in accordance with the regulatory provisions laid down by: a) Legislative Decree n. 285 of 30/04/1992 (so-called "Highway Code" - with particular reference to what is indicated in articles 50 and 182; b) D.M. 04/06/2019, c) by art. 1, paragraph 75, of Law 160 of 12/27/2019 (so-called "Budget Law"). In particular, it should be noted that the vehicles covered by these General Rental Conditions may circulate: i) on urban roads and cycle paths at a speed not exceeding 25 km / h; ii) in pedestrian areas, provided that the speed does not exceed 6 km / h; iii) in “zone 30” where the speed limit of 30 km / h is in force, at a speed not exceeding 15 km / h; iv) on urban roads at a maximum speed of 30 km / h and with particular regard to the provisions of paragraph 9 bis of art. 182 C.d.S .. In any case, the attention of Users is drawn to the prohibition of exceeding the speed limits set by road signs and to this end Eagle Etsp guarantees that the Scooters do not exceed a power exceeding 250 Watts. The circulation of the Scooter must take place in compliance with the road traffic regulations, dictated on the subject by the Highway Code. In any case, it is forbidden to drive on motorways and extra-urban roads, on urban areas characterized by cobblestones in accordance with the Regulations, both for safety reasons for Users and to avoid possible damage to the Scooter. It is also forbidden to transport other people. During the use of scooters or bicycles, Users must always avoid sudden jumps, or zigzag movements, which can be a hindrance or danger to the vehicles that follow. In the case of crossing carriageways with particularly intense traffic and, in general, where circumstances require it, Users are required to cross holding the vehicle by hand, as well as in proximity to pedestrian crossings. In no case are Users allowed to use headphones or earphones while driving. The Scooters are intended for use by Users with a standing posture and cannot be equipped with a seat. Users must follow the instructions for use in the manual of each device for electric micro-mobility as well as the requirements of Eagle Etsp S.r.l. When Users circulate with Scooters in pedestrian areas, they must not exceed the speed of 6 km / h: for this purpose, the speed limiter provided for by art. 2 co. 7, second sentence, Mit Decree and in compliance with EC Directive 2002/24 / EC. When Users circulate with Scooters on pedestrian and cycle paths, and in zones 30 (or similar to the same for technical, functional and circulation characteristics), they must conform their behavior, in accordance with the provisions of the Budget Law, and with the referred to in art. 182 C.d.S. When Users circulate with their Scooters in pedestrian areas, they must avoid any behavior that hinders the normal transit of other pedestrians. In any case, the provisions of paragraph 10 of the aforementioned art. 182 of the Highway Code. The User's attention is also drawn to compliance with the provisions of paragraph 9 bis of art. 182 C.d.S. which states that "... outside the inhabited centers from half an hour after sunset to half an hour before sunrise, the driver who circulates in the tunnels is obliged to wear the reflective vest or high visibility shoulder straps, of referred to in paragraph 4-ter of article 162 ... ". It is always recommended that the User use a protective helmet. The requirements regarding speed limits will not apply, however, where the devices for electric mobility are used by the subjects referred to in art. 12 co. 1 of the Highway Code, in compliance with the limits provided therein. The circulation of electrical micro-mobility devices other than the types and characteristics referred to in art. 2 and its annex 1 of the Decree of the Minister of Infrastructure and Transport. The circulation of the aforementioned devices is also prohibited in the absence or in non-compliance with the authorization referred to in art. 3 and its annex 2 of the aforementioned Decree, as well as with respect to the rules of conduct provided therein. The sanctions foreseen by the Legislative Decree 30 April 1992, n. 285 and following mod. bearing the "New Highway Code". In case of violation of these rules of conduct, drivers may be subject to a fine from 26.00 to 102.00 euros. Users also undertake to use the Scooter within the Eagle Etsp Area, on road infrastructures and / or parts of the road, identified and consistent with the provisions of the Highway Code. Furthermore, the Municipalities, subject to a specific ordinance, will install specific road signs along the road infrastructures and / or parts of the road identified pursuant to paragraph 1 of the aforementioned decree. Users undertake to use the Scooter with the care and diligence of a good family man (Article 1176 of the Italian Civil Code), scrupulously observing the legislation and, in particular, that relating to road traffic, carefully avoiding running over pedestrians, as well as to cause collisions with vehicles (e.g. when crossing carriageways or when vehicles are parked). When using a scooter, the user must be able to drive and maneuver competently, carefully and responsibly, observe all road signs and signs and take all reasonable precautions. Furthermore, the User undertakes to use the Scooter in accordance with what is described in the specific page of the Site dedicated to the FAQ. After parking, and before leaving the Scooter, the User must make sure that it is parked correctly, in compliance with the Law (e.g. in areas and in ways that do not constitute an obstacle to pedestrians or vehicle traffic) and checking that is blocked. The User will drive for the entire Rental Period in compliance with the Law and in a safe way for himself and for others, avoiding taking alcoholic substances, drugs, drugs or any other substance that could alter the normal psychophysical state of wakefulness or decrease the attention when using the scooter. If the User uses the Scooter outside the operational area of the city where the Rental began, Eagle Etsp will be able to charge the Customer, by way of advance amounts, the sum of Euro 10.00. Any amounts to the Customer's credit, accrued for the aforementioned advance charges, will be re-credited to the Customer at the end of the Rental within the Operating Area where the Rental began. In any case, the advance charges will be fully or partially offset with the final cost of the Rental. If the credit card or prepaid card, if accepted, registered by the Customer refuses a charge, Eagle Etsp will proceed to make further debit attempts and, in the event of non-debit or refused debit, Eagle Etsp will communicate the non-payment to the Customer, reserving the right to suspend the Customer from the Service until the settlement of any debts. In the event of non-payment or impossibility of payment by the Customer, Eagle Etsp, at any time, reserves the right to oblige the Customer to return the Scooter also through the intervention of the police. In case of delay following an explicit reminder by Eagle Etsp to return the Scooter, the Customer will be charged a penalty for each hour of delay in fulfilling the return request except for the suspension and / or termination of the Contract due to serious breach of Customer.
The User may in no way use the Scooter:
The User must not in any case:
Eagle Etsp reserves the right to claim against the Customer in the event that he has determined or facilitated the theft for willful misconduct, negligence, negligence, charging him, by way of compensation for damage for non-fulfillment or irregular fulfillment, an amount equal to value of the Scooter quantified in Euro 800.00. Any sanction imposed for the use of the Scooter by the competent Authorities in the event of failure by the User to comply with the Regulations will be fully borne by the User himself, including any additional costs and / or charges. Eagle Etsp reserves the right to apply penalties to the User upon the occurrence of the cases provided for and governed by the Contract, without prejudice, in any case, to compensation for greater damage. In particular, after having carefully examined the case and ascertained the involvement of the User, Eagle Etsp communicates the amount of the penalty to the User through a communication on his profile and via e-mail, following the aforementioned communication, this will be charged to the credit card or prepaid card registered by the User. Failure to pay the Penalties may result in the suspension and / or termination of the Agreement and the relative amounts will be recovered by Eagle Etsp in accordance with the law. Furthermore, in case of violation of these agreements, Eagle Etsp will have the right to terminate the current Agreement without notice pursuant to and for the purposes of art. 1456 of the Civil Code, for breach of contract by immediately blocking the Scooter. Eagle Etsp reserves the right to take action for damages and to take legal action for its protection. By way of example only, the multiple booking by the User of one or more vehicles without starting the rental will constitute a serious breach. Eagle Etsp has the right at any time to detect the position and other data of the Scooter and to block it.
8. ELECTRIC CHARGING OF THE SCOOTER
The Scooter cannot be the subject of the Service if the charge is equal to or less than 25% of the appropriate indicator on the handlebar. If, during or at the end of the Rental, the battery charge level of the Scooter, as shown by the indicator on the handlebar, drops below 25%, the User is required to end the Rental period. In case of non-return Eagle reserves the right to block the vehicle for safety reasons.
9. LIABILITY OF EAGLE ETSP
The User uses the Service in full awareness that the responsibility for damage to persons or property of the User and / or third parties during the use of the Scooter rests exclusively with the User. The liability of Eagle Etsp is in fact regulated by Book IV, Title IX of the Civil Code, and in accordance with the further provisions of the Regulations. It is understood that, in cases where Eagle Etsp is liable under the Law, it will operate only if the User has correctly completed the Scooter verification procedure pursuant to art. 9. Eagle Etsp is liable to the User exclusively for direct, typical and reasonably foreseeable damages at the time of the conclusion of the Agreement, always if caused intentionally or through negligence by Eagle Etsp. Eagle Etsp is not responsible for the losses suffered by the User, including, but not limited to, losses in terms of profit. Eagle Etsp is not responsible if your failure to comply with these General Conditions is due to force majeure, to third parties or for any reason beyond its control. The responsibility for damage to persons or property of the User and / or third parties, during the use of the Scooter rests exclusively with the User, as well as that for any injury, damage or loss resulting from failure to comply with the obligations under the terms or in the applicable legislation.
10. INSURANCE COVERAGE
Eagle Etsp announces that it has taken out a specific civil liability insurance policy that guarantees the User against the liability incurred by him in respect of injuries caused to third parties or accidental damage to third party assets resulting from the use of a Scooter. The cost of the insurance is absorbed in the rate for using a Scooter and the User will not be able to renounce the insurance. The insurance does not provide coverage in relation to any injury or damage suffered by the User in the event of an accident. The User acknowledges and is aware that Eagle Etsp suggests activating suitable insurance coverage in relation to the use of the Service. To this end, the User can take steps to activate the coverage he deems most appropriate with insurance companies of his choice in order to protect damage resulting from the use of the Scooter on his person.
11. OBLIGATIONS IN CASE OF ACCIDENT, DAMAGE, DEFECT OR THEFT
In the event of an accident involving the Scooter, or in the event of damage or injury to a thing or person resulting from its use, the User must:
a) stop the scooter race as soon as possible in an area in total safety;
b) contact Eagle Etsp through Customer Service (support @ Eagle Etsp.it) to inform about the accident / damage / injury and cooperate by providing it with all the necessary information requested;
c) report the accident / damage / injury to the Police and / or other Public Security Authority, regardless of whether they believe it was caused by their own conduct or that of a third party;
d) remain at the scene of the accident / damage / injury, unless the legislation requires otherwise, until:
- it has been ascertained that all the people involved have not suffered injuries and, if so, until medical help arrives;
- the Police and / or other Public Security Authority has arrived at the scene of the accident and drawn up the appropriate report;
- all necessary measures have been taken to safeguard the evidence and to minimize the damage, in collaboration with Eagle Etsp;
- the scooter has been removed by a specialized company in collaboration with Eagle Etsp and has been parked safely or driven elsewhere;
e) has obtained general information, vehicle number plates and other data necessary to contact all the vehicles and persons involved, including witnesses; f) has obtained a copy of the report drawn up by the Authorities.
In the event that the User has not fulfilled even one of the obligations indicated in the preceding letters, Eagle Etsp is held harmless and will have the right to terminate the Eagle Etsp Agreement, without prejudice to the possibility of requesting compensation for all damages suffered, due to the failure of the User to fulfill his obligations, to the User himself. In the event of an accident, the Eagle Etsp Agreement will not be considered terminated until the Scooter is returned in accordance with these General Conditions. However, if the scooter no longer works or is no longer able to travel due to the accident, the Contract will terminate with the authorization of the Customer Service. In case of damage to a scooter during the trip, the User must report the damage as soon as it is possible to do it safely, using the application or by writing to support @ Eagle Etsp.it. Depending on the extent of the damage caused to the Eagle Scooter, Etsp may charge the User up to a maximum amount of Euro 800.00, without prejudice to the User's right to prove that the fact occurred without his fault. The User must pay compensation for all damages borne by Eagle Etsp and the other parties involved in the accident (deductible). The User agrees to indemnify and hold Eagle Etsp harmless from any claims, requests, losses, liabilities and expenses (including reasonable legal fees) arising or connected. By way of example, the User will be required to reimburse Eagle Etsp for the amounts relating to the following expenses: - loss or damage to the Scooter, its accessories, third parties or third party assets; - loss of earnings suffered by Eagle Etsp and due to the impossibility of renting the scooter. This loss will be calculated based on the rate equal to use for a full day; - any type of charge imposed by the authorities; - any other type of cost including, traffic offenses, blocking / removal of the Scooter. In the event of non-payment, delayed or partial payment, legal interests will be applied to the User. The selection of the scooter repair and restoration workshop will be exclusively up to Eagle Etsp. In case of loss or theft of a Scooter during the trip, the User must report the incident to the police and transmit to Eagle Etsp the relevant report or protocol number provided by the police when making the report. Eagle Etsp may charge the User the amount of Euro 800.00, without prejudice to the User's right to prove that the fact occurred without his fault. In the event of theft, robbery, or vandalism to the detriment of the Scooter, before or during use by a User, the latter is required to report it promptly by immediately contacting the Customer Service providing the place where it is located and describing the happened. The Customer Service will therefore provide, from time to time, the instructions which the User must follow
12. TERM OF THE EAGLE ETSP CONTRACT
The Eagle Etsp Agreement will be terminated automatically only when the User has returned the Scooter, putting in place all the following requirements:
- conclude the Agreement using the features present in the Eagle Etsp App;
- make sure the scooter is locked;
- park inside the suitable parking area in accordance with the Regulations.
Under no circumstances is the User allowed to park the vehicle obstructing pedestrians or vehicles. In particular, it is forbidden to park the vehicle in which there is a ban on parking or stopping, in private areas, in areas intended for parking of shopping centers, supermarkets, or in inaccessible places. The administrative penalties, as well as the costs incurred by Eagle Etsp for the recovery and / or removal of the Scooter will be fully charged to the User. In any case, the User must leave the Scooter in a visible position where it can be seen by passers-by. The User has the right to park the Scooter in the Eagle Etsp area, the use of which is limited in terms of days or times (eg: for washing streets, markets, occupation of public land for removals or other events) only if this limitation enters into force 24 hours before the time of parking. The User will be required to reimburse any expenses, fines or other costs required in case of violation of this prohibition. If due to poor or no connection of the Device it is not possible to terminate the Rental, the User must park the Scooter elsewhere and repeat the operation. If the User abandons the Scooter without having duly concluded the Contract, the same will continue with the consequent debit of the corresponding amounts as provided for by the tariff plan in force at the time of the conclusion of the Contract. If the Contract cannot be concluded for technical reasons, the User is required to contact the Customer Service to decide how to proceed. In this case, if the User is not responsible for the failure to terminate the Contract, any additional costs charged will be refunded. In the event of a dispute between Eagle Etsp and the User regarding the conditions of the Scooter, including existing damages and defects and related appraisal, Eagle Etsp may use a specialized company, to determine the conditions of the same and any losses in value. . The appraisal will be binding on both parties to the Contract and they will bear the costs in the proportion determined by the experts. This is without prejudice to the right of the parties to take any legal action with the competent authorities.
13. ECONOMIC CONDITIONS (TARIFF PLAN)
The Eagle Etsp Service provides for the following types of pricing:
1. Rate per "Minute" Calculated on the basis of the time of each individual Rental and includes all costs related to the normal use of the Scooter (eg insurance, etc.). Partially used minutes are considered for rounding equal to 60 (sixty) seconds starting from the thirty-first second. Any access to restricted areas included in the rental are described in the Rates attachment. The total maximum amount applied to the User for up to 1 continuous hour of Rental is established by the "Flat rate daily rate" (described in the Rates attachment).
2. Recurring "Prepaid" Rate calculated on the basis of a discount on the prices of the list rates as an advance amount by paying a single amount for a total number of minutes of rental and which will be charged again at the beginning of the next minute when the minutes previously purchased have expired.
3. Flat rate "Hourly" calculated by applying a single amount following the achievement of a certain expense within 60 (sixty) minutes of use.
4 “Prepaid” Packages consist of packages of minutes purchased at a discounted rate and for a predefined duration.
With the exception of the cases of Prepaid Packages, for which an advance payment is required, the User undertakes to pay Eagle Etsp the rental fee calculated on the basis of the rates provided in the Rate Plan published and accepted in the App at the time of the conclusion of the Rental Period. The amount due for the purchase of Prepaid Packages or at the end of each Rental Period on the basis of the economic conditions described above, is inclusive of VAT. For each Contract, Eagle Etsp has the right to request a pre-authorization from the issuer of the User's Credit Card as a security deposit, as better specified in the Rate Plan. This amount will not be collected and will be released to the User no later than 7 (seven) days from the end of the Rental Period and, therefore, of the individual Contract. Before accessing a scooter, the User must provide his account with sufficient funds for the ride. Charges will be made to the User's account at the end of each Rental Period. If sufficient funds are not available on the User's account for the ride, the remaining balance will be charged as soon as the funds are subsequently added to the account. The User will not be able to start a new ride until sufficient funds are available on the account. In the event of late payment of the amount due under the Rate Plan, the User will be required to pay the legal interest referred to in paragraph 4 of art. 1284 of the Civil Code, and this without prejudice to Eagle Etsp's right to claim any further damages due to this delay. If the User wishes to dispute the amount possibly charged, he must contact us within 90 days from when the charge was made by post to the support address @ Eagleetsp.it. The User authorizes, as of now, Eagle Etsp to charge the amount due in relation to the Rate Plan on their Credit Card.
14. INTERVENTION BY EAGLE ETSP TECHNICAL STAFF
In the event that Eagle Etsp, due to the use of the Scooters not compliant with the General Conditions and / or the Regulations, by the User, should be forced to request the intervention and / or assistance of a technical, the User must reimburse the cost as foreseen by the Rate Plan.
15. REFUND POLICY TO USERS AND COMPENSATION
Immediate refunds will be made only and exclusively via wallet. If the User decides to request the re-credit on his credit card, the amount paid will be made net of the commissions after sending it by e-mail to the address reimborsi@EagleEtsp.it indicating the reasons behind the request, photo of the scooter at end of the rental, journey, driving license / identification document in order to verify the User's majority age.
16. CHANGES TO THE EAGLE ETSP GENERAL CONDITIONS
Eagle Etsp reserves the unquestionable right to modify the General Conditions and the Tariff Plan for future Contracts due to technological or safety evolutions of the Scooters and / or the Eagle Etsp App, or, of the economic conditions of the market or the entry into force of new regulations. The changes will be communicated to the User by email or by publication in the App. In view of the proposed amendment, the User will have the right to withdraw from the contract within 15 days without charges or penalties. Once this deadline has expired without the User's written intentions having been received, the announced change will be considered tacitly accepted by the User.
17. RIGHTS OF WITHDRAWAL, SUSPENSION OF THE SERVICE AND TERMINATION OF THE CONTRACT
The User may withdraw from the contractual relationship with Eagle Etsp:
- without any penalty and without specifying the reason, within 15 (fifteen) days following the date of attribution of the Eagle Etsp ID by means of a specific communication to be sent by e-mail sent from the e-mail address registered in the Eagle Etsp App;
- at any time, by notifying Eagle Etsp, with 15 (fifteen) days' notice, by email sent from the address registered in the App;
-Eagle Etsp may, at any time, withdraw from the Agreement by giving written notice to the User by e-mail with 15 (fifteen) days notice. - Eagle Etsp may suspend, at any time and without notice, the Service by notifying the User by email if it detects violations of the General Conditions or the Regulations.
-Eagle Etsp may terminate the existing Agreement with the User pursuant to and for the purposes of art. 1456 of the Italian Civil Code, for breach of contract except for compensation for further damage, in the cases indicated below, as well as, in other cases in which this right is envisaged pursuant to these General Conditions:
- failure and / or delay in payment of the amounts due pursuant to the Tariff Plan or these General Conditions;
- inaccuracy and unreliability of the information provided to Eagle Etsp through the App during registration or subsequently;
- if the User, despite a written warning, does not interrupt a serious violation of the General Conditions or if he does not immediately remedy the consequences that have already occurred in relation to such violation;
- if the User habitually uses or there is reason to suspect that he habitually uses drugs, alcohol, drugs or other psychotropic substances;
- in case of failure to return a scooter or in case of driving by a person other than the User;
- in case of communication to third parties of your Eagle Etsp ID;
- facilitation or negligent or willful commission by the User of theft, robbery, vandalism to the detriment of one or more Scooters;
- if the User incurs more penalties for violations of the Regulations;
- if the User, due to his own cause and fault, has caused an accident involving pedestrians or vehicles or the failure of the Scooter.
In the event of termination of the Agreement for one of the reasons listed above, Eagle Etsp reserves the right to apply a penalty to the User as per the Rate Plan in force at the time of termination, without prejudice to the right to compensation for any greater damages.
18. MANDATORY INFORMATION PROVIDED BY THE CUSTOMER
The User must notify Eagle Etsp:
-email, telephone number of the Device;
- expiry, loss, theft or failure of the credit card;
-limitation or suspension, loss, removal of the Identity Document.
The User guarantees that their personal data recorded in the App are always updated; these data include:
-name and surname;
- e-mail address;
- residential address;
- Credit Card data necessary to make payments of the amounts due from time to time under the Eagle Etsp Agreement and the Rate Plan;
- telephone number used on the Device.
If the User does not promptly update their data, Eagle Etsp will have the right to suspend the Service until the User has updated it.
The User will be held responsible for any damage or loss, even indirect, due to non-compliance with this article. Eagle Etsp is committed to complying with the new European regulation on data protection known as GDPR (General Data Protection Regulation). Here is a summary of the guidelines, Eagle Etsp:
• collects data from Scooters and Users;
• monitor the position, travel and status of your Scooters to manage your fleet efficiently;
• collects the necessary information from Users such as payment details, contact information, location, in order to identify and find the nearest Scooter and the technical details of the phone, to activate the smart locks; • separates the data of the Scooters from the data of the Users. The information provided is used to improve services and help cities, for example, in planning urban mobility, to reduce traffic and pollution;
• adopts the procedures to reduce the risks associated with the activities: it complies with IT protocols to protect the Users' personal data; • does not share Users 'personal data with third parties without the Users' consent;
• in some circumstances Eagle Etsp may be obliged to contact Users for operational reasons such as, for example, the use of Scooters outside the permitted areas;
• allows the User to decide whether to receive promotional messages through the settings of his account in the app;
• allows the User to request that his account be closed and his data deleted by contacting customer services.
19. COMMUNICATION ON DATA PROTECTION AND GEOFENCING
20. GENERAL CLAUSES, LEGISLATION AND COMPETENT COURT
The Contract is governed by the Law and must, in any case, be interpreted and integrated as if it contained all the clauses that allow the essential purpose pursued by the agreement of the Parties to be achieved, in accordance with the law. It is forbidden to acquire data from the App and / or the Site, as well as to copy or manipulate such data with IT methods. Violation of these agreements entails the immediate suspension of the Service and the right to request the legal termination of the contractual relationship pursuant to art. 1456 of the civil code. The User may not assign or transfer any of his rights under these terms in whole or in part to any other person without prior written consent. Eagle Etsp may assign or transfer these terms in whole or in part, or the rights and obligations arising therefrom to: a subsidiary or associate, a purchaser of the capital, business or assets, or a successor following the merger. For any dispute arising from the Contract or deriving from it, if the User qualifies as a consumer pursuant to the Law, the Court of the User's place of residence or elected domicile in the territory of the Italian Republic will have exclusive jurisdiction. . In all other cases the Court of Naples will have exclusive jurisdiction.