EAGLE ETSP micromobility

TERMS AND CONDITIONS OF THE RENTAL SERVICE
Shared e-bikes and electric scooters

Please read before registering and before each rental

Eagle Etsp micromobility is a trademark of Eagle Electric Transport of Shared Passengers Srl, with registered office at Piazza Giovanni Bovio 22, 80133 Naples, Italy – Tax Code and VAT No. IT 09782321211 (hereinafter, “Eagle”). The Service can be accessed through www.eagleet.it and the Eagle app for Android and iOS.

These Terms govern registration, access to the App and each individual rental. The Pricing Plan, Privacy Notice and operating instructions displayed in the App form an integral part of these Terms. In the event of conflict, mandatory consumer protection rules shall prevail.

1. Key definitions

• App: the Eagle application used to register, locate, unlock and return e-bikes and electric scooters.
• Operating Area: the area shown on the App map in which a Vehicle may be used and, where permitted, returned.
• Account: the User’s personal profile, protected by login credentials.
• E-bike, Electric Scooter or Vehicle: an e-bike or electric scooter made available by Eagle.
• Rental: the agreement relating to a single ride, from successful unlocking until the ride is properly ended in the App.
• Pricing Plan: prices, packages, deposits, charges and other amounts displayed in the App before purchase or rental.
• Support: the service available at [email protected] during the hours indicated in the App.

2. Eligibility and registration

To use the Service, the User must:

• meet the minimum age and any other legal eligibility requirements; if under 18, use the Service only where permitted by law and in accordance with any procedure established by Eagle;
• have a compatible smartphone, a data connection, and a valid email address and telephone number;
• provide accurate and up-to-date information and, if requested, an identity document;
• register a valid payment method and have sufficient funds available.

Only one Account per person is permitted. The Account is personal and may not be transferred, shared or used to allow third parties to ride a Vehicle. The User must keep login credentials secure and immediately report any unauthorised access. Eagle may refuse or suspend an Account for objective reasons, including unverifiable information, non-payment, fraud, safety risks or previous breaches of the Service rules.

By registering, the User confirms that they have read and accepted these Terms, the Pricing Plan and the Privacy Notice, which are available on a durable medium or may be downloaded from the App.

3. Availability and starting a rental

The map shows the approximate location and availability of Vehicles. Eagle does not guarantee that a Vehicle will be available at any particular place or time. The Service may be restricted or suspended due to maintenance, depleted batteries, lack of network or GPS coverage, measures imposed by public authorities, weather conditions, safety concerns, force majeure or circumstances beyond Eagle’s control.

A Rental begins when the App confirms that the Vehicle has been unlocked using a QR code or numerical code. From that moment, the duration and charges set out in the Pricing Plan begin to apply. Any maximum ride duration is indicated in the App.

4. Checks before riding

Before setting off, the User must check at least the brakes, wheels, handlebar, lights, frame and battery level and, depending on the Vehicle selected, the accelerator or the pedals and electric-assistance system. The User must also check for visible damage and test the Vehicle carefully in a safe place.

If a defect is found, the User must not use the Vehicle and must report it immediately through the App or to Support, attaching photographs where possible. The Vehicle must not be repaired, dismantled or modified. Eagle will assess any refund for the brief test in accordance with the procedure indicated in the App.

5. Riding and safety rules

The User must ride carefully and comply with the Italian Highway Code, road signs, local regulations, App instructions and the Vehicle instructions. In particular, the User must:

• always wear an approved helmet and use any other safety equipment required by law;
• comply with applicable speed limits and reduce speed further near pedestrians or obstacles, on uneven surfaces or in poor visibility;
• ride only on roads and in areas where use is permitted, dismounting and pushing the Vehicle where necessary;
• keep both hands on the handlebar, refrain from using headphones or devices that reduce attention, and avoid sudden or weaving manoeuvres;
• use lights and any reflective equipment required by law;
• not ride under the influence of alcohol, drugs, medication or any other substance that reduces attention or the ability to control the Vehicle;
• stop the ride if the battery is insufficient, the Vehicle becomes unsafe or environmental conditions make it unsafe to continue.

Legal limits and obligations may change. The User must comply with the laws in force at the time of the ride and with the updated instructions in the App.

6. Prohibited uses

The following are prohibited:

• carrying passengers, children, animals, bulky or dangerous goods, or loads whose weight could impair safe riding;
• using the Vehicle for racing, stunts, towing, subletting, unauthorised commercial activities or unlawful acts;
• riding outside the Operating Area or in prohibited areas, on motorways, non-urban roads or in any other place not permitted by law or the App;
• transporting the Vehicle in a private vehicle, leaving it unattended during a Rental, damaging or soiling it, or removing any part, marking or device;
• tampering with the App or Vehicle systems, extracting data, bypassing locks or geofencing, using automated software or infringing intellectual property rights.

Fines and other costs arising from breaches committed by the User shall be borne by the User. Eagle may disable the Vehicle where it detects prohibited use, a dangerous situation, an outstanding payment or departure from the Operating Area.

7. Ending the ride and parking

The Rental ends only when the App confirms completion. Before leaving the Vehicle, the User must:

• park within the Area and in the permitted spaces shown in the App;
• leave the Vehicle stable and visible, without obstructing pedestrians, persons with disabilities, entrances, exits, vehicles or businesses;
• avoid private property, inaccessible areas, no-parking or no-stopping areas, and zones subject to imminent restrictions;
• lock the Vehicle, complete the procedure in the App and check the end-of-ride confirmation; if requested, submit a photograph of the parked Vehicle.

If the Rental cannot be ended, the User must move to a permitted location with data coverage and try again. If the problem persists, the User must immediately contact Support and follow the instructions provided. Charges may continue until confirmation is received, subject to reimbursement of amounts not attributable to the User.

Recovery, removal, storage costs and penalties caused by improper parking may be charged to the User, following notice and supporting documentation, in accordance with the Pricing Plan and applicable law.

8. Charges, payments and refunds

Applicable pay-as-you-go, hourly, prepaid or package rates are shown in the App before purchase or the start of a ride and include VAT unless otherwise required by law. The App specifies calculation criteria, rounding, package duration and expiry, renewals, deposits and pre-authorisations.

The User authorises Eagle to charge the registered payment method. If a payment is declined, Eagle may retry the payment, suspend further rides and recover the amounts due together with statutory interest. Pre-authorisations are released within the time indicated in the App; actual processing times also depend on the payment service provider.

Disputes and refund requests may be sent to [email protected], stating the ride, amount, reason and any supporting evidence. Refunds are made to the original payment method or, with the User’s consent, to the wallet. The User’s mandatory consumer rights remain unaffected.

9. Damage, theft and accidents

In the event of an accident, damage, breakdown, theft or vandalism, the User must, as soon as safely possible:

• stop the Vehicle and provide or seek assistance;
• contact Support and follow the instructions provided;
• notify the authorities where required by law or where necessary due to injury, damage, theft or a dispute;
• without taking risks, collect names, contact details, vehicle registration numbers, witness details, photographs and police report references;
• not admit liability or agree compensation on behalf of Eagle or its insurer.

The ride must be ended using the normal procedure or with Support’s authorisation if the Vehicle cannot be used. Theft or loss during a Rental must be reported to the authorities and a copy of the report sent to Eagle.

The User is liable for damage and costs directly caused by wilful misconduct, negligence or breach of these Terms. The amount is determined on the basis of the actual documented loss, up to the value of the Vehicle, without prejudice to any additional loss recoverable by law. The User may prove that they were not responsible. Normal wear and tear, pre-existing defects and damage not attributable to the User will not be charged.

10. Insurance and liability

Eagle maintains the insurance coverage required by law for the Service. The scope, limits, deductibles, exclusions and claim procedure are set out in the insurance documents available in the App or on request. This coverage does not replace any personal insurance held by the User.

Eagle is liable, in accordance with the law, for loss arising from its own breach. Eagle is not liable for service interruptions or loss caused by misuse of the Vehicle, failure to follow the rules, unavailability of the User’s network or device, measures imposed by public authorities, third parties or force majeure, unless attributable to Eagle or where liability cannot legally be excluded.

Nothing in these Terms limits liability for wilful misconduct or gross negligence, personal injury, product defects or any other case in which exclusion or limitation is prohibited by law.

11. Suspension, Account closure and withdrawal

The User may close the Account at any time through the App or by contacting Support, after paying any outstanding amounts. Any right of withdrawal relating to distance purchases may be exercised within the time limits and subject to the exceptions set out in the Italian Consumer Code; the commencement of a service requested by the User may affect the right of withdrawal where provided by law.

Eagle may immediately suspend an Account or the Service where necessary for safety, fraud prevention, non-payment, compliance with legal obligations or breaches of these Terms. Eagle may terminate the agreement for material breach, including use by third parties, false information, non-payment, tampering, failure to return a Vehicle, facilitation of theft or repeated breaches. Where possible, Eagle will communicate the reason and how the decision may be challenged.

12. Changes to these Terms

Eagle may update these Terms due to legal, technical, safety, organisational or economic changes. Changes will be communicated with reasonable notice by email or through the App and will apply to Rentals starting after they take effect. If a change materially affects an ongoing contractual relationship, the User may close the Account without penalty before the stated date, without prejudice to obligations already accrued.

13. Personal data, geolocation and geofencing

Eagle processes the data required for registration, payments, support, safety and fleet management in accordance with the Privacy Notice. Vehicles use GPS and geofencing for location, availability, riding and parking areas, theft prevention and proper performance of the Rental. Technical and riding data may also be processed within the limits and for the purposes stated in the Privacy Notice.

Any processing based on consent, such as marketing or optional profiling features, is separate from acceptance of these Terms and consent may be withdrawn. To exercise privacy rights and obtain information about the data controller, legal bases, recipients and retention periods, the User should consult the current Privacy Notice.

14. Communications and support

Contractual communications are sent to the User’s email address or through the App. The User must keep their email address, telephone number, identity document and payment method up to date. For support, disputes or complaints: [email protected]. In an emergency, the User must contact the appropriate public emergency services.

15. Governing law and jurisdiction

The agreement is governed by Italian law. If any provision is invalid or unenforceable, the remaining provisions remain valid and, where possible, the provision shall be replaced by the applicable mandatory rule. The User may not transfer the Account or agreement without written consent; Eagle may transfer the agreement as part of a corporate transaction, while safeguarding the User’s rights.

For disputes involving a consumer, the courts of the consumer’s place of residence or domicile shall have jurisdiction in accordance with the law. In all other cases, the courts of Naples shall have exclusive jurisdiction. Any alternative dispute resolution mechanisms available under applicable law remain available.