terms & conditions

 

GENERAL TERMS & CONDITIONS

  1. Introduction.

 

 (a) (“Nippy”) through its application for internet-enabled mobile phones (the “Nippy L.T”), rents out electric scooters (“e-Scooters”) and electric cycles (“e-Bikes”).

Customers who have enrolled for the Nippy micro-mobilit App are the only ones who may hire out the vehicles.

(b) These are the terms on which Nippy L.T delivers its services to you (the “Terms”).

They apply to the usage of the Nippy micro-mobility App as well as any vehicle rental contracts entered into using the Nippy micro-mobility App.

(c) Please read these terms carefully before proceeding.. They govern your usage of the Nippy micro-mobility App as well as any vehicle rental contracts you enter into through it.

(d) They explain how Nippy L.T will deliver services to you, how to enter into or terminate a contract, what to do if a problem arises, and other crucial details. ιnformation on Nippy L.T, as well as how to get in touch with us

1.Nippy L.T is a corporation formed in Greece with a registered office in lakithra 0, Greece.

  1. b) You can reach out to us by calling +30 6937651826 or sending an email to info@nippy.gr

 

  1. These Terms.

 

  1. (a) The Nippy micro-mobility App and the Vehicle rental contracts entered into via the Nippy Kefalonia micro-mobility App are governed by these Terms.
  2. b) Nippy Kefalonia micro-mobility has the right to update these Terms as necessary to comply with applicable laws or technical advances.

Any changes will be notified to you through email by Nippy Kefalonia micro-mobility.

Unless you disagree in writing within four (4) weeks after being contacted byThe Nippy Kefalonia micro-mobility App and the Vehicle rental contracts entered into via the Nippy micro-mobility App are governed by these Terms.

  1. b) Nippy micro-mobility has the right to update these Terms as necessary to comply with applicable laws or technical advances.

Any changes will be notified to you through email by Nippy micro-mobility.

Unless you disagree in writing within four (4) weeks after being contacted b Nippy micro-mobility, all modifications will be considered authorized.

Your right to object to modifications will be communicated to you at the same time as you are informed of the changes., all modifications will be considered authorized.

 

  1. Your acceptance of the Your acceptance of the Nippy micro-mobility App’s terms and conditions.

 

  1. (a) You must first register as a Nippy micro-mobility client by creating a user account in the Nippy micro-mobility App before renting a Nippy micro-mobility Vehicle.

Each consumer is only allowed to register once.

Only clients who have completed the registration process are eligible to access the Nippy micro-mobility services.

You do not have an automatic right to register..2. (b) You will have entered into a contract with Nippy micro-mobility for the use of the Nippy micro-mobility App once the registration process – during which you will be asked to accept these Terms and Nippy micro- mobility’s Privacy Notice and provide, in particular, your full name, email address, personal mobile phone number, and valid payment details – has been successfully completed (User Agreement). 3. (c) After that, you may rent Vehicles by concluding individual rental contracts in accordance with these Terms. Please note that the User Agreement itself will not give rise to any right, neither for Nippy micro-mobility, nor for you, to enter into a Vehicle rental contract. 4. (d) Nippy micro-mobility is entitled to refuse to enter into a User Agreement or any individual rental contract if it reasonably believes that you will not comply with these Terms.

 

  1. User account.
  2. (a) You must be the specified account or credit card holder whose information you supply to Nippy micro-mobility.

You must maintain the personal information you submit during the registration procedure up to current.

This includes your email address, personal cell phone number, and payment information. 2. (b) You may not permit any third parties to use a Nippy micro-mobility Vehicle which you have booked via your user account and may not provide your login details for use by other persons. You must, without delay: (a) change your password if there is reason to believe that any other person has become aware of it and (b) notify Nippy micro-mobility of this fact.3. (c) In order to use the Nippy micro-mobility App, you must have a web-enabled mobile phone that meets the technical requirements of the Nippy micro-mobility App. Whenever the Nippy micro-mobility App is downloaded, the user’s mobile phone will automatically be checked as to whether it meets those requirements. You are responsible for ensuring that mobile data communications are possible, and you shall bear any charges made by your mobile service provider in respect of any data transmission.4. (d) It is forbidden to use information technology to read out, copy, or manipulate the Nippy micro-mobility App.

If you are discovered to have violated or tried to violate this restriction, Nippy micro-mobility has the right to immediately terminate your access to the Nippy micro-mobility App, without prejudice to any other legal rights or remedies.

  1. (e) Any loss or theft of the mobile phone linked with your user account, or any other circumstances that make it probable that your user account may be exploited by other parties, must be reported immediately to Nippy micro-mobility.

To avoid misuse, Nippy micro-mobility will block access until the problem is rectified, and you will be notified via email that access has been disabled.

 

  1. Getting a Ride and Reserving a Vehicle.

 

  1. (a) The availability of e-Scooters for hire is subject to change.

The Vehicles are only available inside a specific geographic region.

2.(b) You are only permitted to rent Vehicles that are shown as available in the Nippy micro-mobility App.

It’s worth noting that an incorrect GPS signal might occasionally cause differences between a Vehicle’s actual position and the location displayed in the Nippy micro-mobility App. 3. (c) A specific Nippy micro-mobility Vehicle can be reserved free of charge for a maximum of ten (10) minutes before the start of the ride. 4. (d) By clicking “Start Ride” in the Nippy micro-mobility App, you will make a binding offer to rent the Vehicle you have reserved. Nippy micro-mobility accepts this offer by releasing the Vehicle for your use, creating a rental contract for that ride. 5. (e) The rental period shall start when the individual rental agreement is made and shall end when you end your ride in accordance with paragraph ‘7’. 6. (f) You must notify Nippy micro-mobility without undue delay of any defects or damage to the Vehicle of which you become aware prior to commencing your ride. You must not use a particular Vehicle if any such defects or damage appear obviously likely to impair traffic safety or the general functionality of the Vehicle. 7. (g) Similarly, you must Nippy micro-mobility as soon as reasonably possible of any other obvious defects or damage, such as worn tires or damage to the mudguard.8. (h) Nippy micro-mobility may call you on the mobile phone number registered in your user account if it detects any significant disruptions in your use of a Vehicle.

 

  1. End a ride.

 

1.(a) When you want to end your ride, you must park the Vehicle properly in accordance with paragraph 8 and then follow the procedure in the Nippy micro-mobility App to terminate the rental. 2. (b) You must inform yourself via the Nippy micro-mobility App of the boundaries of the Business Territory and the zones in which parking Vehicles is prohibited. If you end your rental outside a Business Territory you are responsible for the costs of transporting the Vehicle back to within the Business Territory.
3. (c) You may terminate the rental via the Nippy micro-mobility App only if the Vehicle is located within the applicable Business Territory and outside any zone in which parking Vehicles is prohibited. Note that you cannot terminate a ride without an internet connection so you may need to move the Vehicle to a different location where an internet connection can be established. 4. (d) If you fail to end the rental via the Nippy micro-mobility App after parking the Vehicle, the rental transaction will automatically be terminated, unless the Vehicle is subsequently moved or used, after 60 minutes have lapsed. 5. (e) If you are unable for technical reasons to terminate the rental transaction using the Nippy micro-mobility App you must notify Nippy micro-mobility of this fact without undue delay in order to coordinate further procedures for the termination of the rental with Nippy micro-mobility. 6. (f) Your obligation to pay the rental charge will end only when the rental transaction is terminated unless it was impossible for you to terminate it for reasons beyond your control. 7. (g) When the rental transaction is terminated, the total rental period and the total rental charge for that ride will be displayed to you.

 

  1. Parking a Vehicle

 

  1. (a) Vehicles must be properly parked in public areas where the parking of Vehicles is not prohibited by local rules or regulations. 2. (b) You must not park Vehicles in a way which endangers traffic safety or the rights or legal interests of third parties. 3. (c) You must park the Vehicle using the kickstand with which the Vehicle is equipped.4. (d) In particular, Vehicles may not be parked: 1. (i) at a right angle to the roadway, at a right angle to the sidewalk, near intersections or in a manner otherwise causing impediments to road traffic; or 2. (ii) at trees, traffic signs, traffic lights, parking meters, vending machines, fences of third parties, benches, containers, waste bins, in front of or in the vicinity of emergency exits and fire department buildings, in front of entrances or exits, in zones in which no stopping is permitted, in access roads leading to public transportation hubs, on bicycle paths, at orientation aids for the blind, on pedestrian crossings or bicyclists crossings and at a distance of no less than five (5) meters from them, at a distance no less than twelve (12) meters from bus stops or electric bus and streetcar stops, at entrances or exits of junctions and at a distance less than ten (10) meters from the imaginary borderline of the road, at railway or tramway lines or at close proximity to them so that the traffic of trains or trams is obstructed, over and under bridges, unless there are designated parking spaces, at safety reserves as well as at dividing reserves, at motorways and at highways, except from parking spaces that are designated by relevant traffic signs, at acceleration or deceleration lanes, at tunnels that are indicated by special signs, except from spaces that are indicated specially for that purpose, at a ramp designated for the disabled or tactile paving sidewalk and at distance less than 0,50m. from both sides of them, at parking areas for disabled persons, at spaces specifically designated for specific vehicles of disabled persons, at a distance of no less than seven (7) meters before or after railway level crossings, to a place that will obstruct a vehicle which is parked to get out of the parking space, if the free part of the street that remains is inadequate for the transit of the vehicles, prior to the entrance and exit that is intended for the transportation of patients from and to hospitals, clinics and healthcare facilities in general, if it obstructs the use of parking spaces that have such signs, at special parking spaces transportation motors for public use (TAXI), at the entrances and exits of pedestrian walkways, at special parking spaces and terminals of interurban buses, tourist buses and tourist buses of open type, at ports and harbors and at places used for the embarkation/disembarkation of persons as well as for the loading and unloading to ships and boats, inside buildings, in interior courtyards of buildings, at other vehicles, in parks and green spaces, in places where the Vehicle would conceal advertisements or street furniture or where the functioning of an installation would be impaired, in areas reserved for loading and unloading purposes or in places reserved for other users or services, or in areas where parking the Nippy micro-mobility Vehicle would impede space required by wheelchair users and people with disabilities.5. (e) Vehicles must be parked in publicly accessible areas and not in places that are difficult to access, including, in particular (unless they are clearly designated as Nippy micro-mobility parking spots):1. (i) private premises or company grounds 2. (ii) interior courtyards 3. (iii) parking garages 4. (iv) customer parking bays, in particular in front of shopping centers, supermarkets, restaurants, and bars; 5. (v) parking bays of universities and other public facilities; or6. (vi) interior spaces.6. (f) Furthermore, Vehicles may not be parked in areas which are subject to parking restrictions for certain days or times of day or for specific vehicles. This also applies to parking prohibitions that have already been notified by the local authorities but have not yet come into force, for example, temporary parking prohibitions applying at a future point in time due to events or house movers affecting the site in question. 7. (g) You are obliged to provide information in good faith, if requested by Nippy micro-mobility, about the exact location at which you parked a Vehicle.

 

  1. Payment of the rental fee
  2. (a) You are obliged to pay the rental fee for your use of a Vehicle. Prior to your entering into a rental contract, the Nippy micro-mobility App will display the unlock fee for unlocking the Vehicle as well as the price per minute for using it (inclusive of applicable value added tax).You cannot start any vehicle if the balance in your account is below 3 euros, while the minimum load amount is 5 euros. If your balance is used up during use, the vehicle will not stop and the total rental fee will be automatically credited upon termination of the rental agreement from your chosen payment method. The total rental fee is payable when you end the rental contract. 2. (b) You will not be charged for the rental fee if for reasons beyond your control you were unable to use a Vehicle despite it being designated as available in the Nippy micro-mobility App.3. (c) You will be charged for your use of Vehicles either on a per minute basis (fractions of minutes being charged as full minutes) or on the terms of a pre-paid package. For the purchase of prepaid packages, the Terms and Conditions for Prepaid Packages (available at info@nippy.gr) shall apply in addition to these Terms. 4. (d) Nippy micro-mobility works together with various payment service providers. Payments are made according to the payment method selected by you in the registration process. By entering into a rental contract, you confirm that you are entitled to authorize the transfer of the specified account by direct debit. You are responsible for ensuring that your selected means of payment are sufficient to cover payment of the rental fees. If a payment cannot be made due to lack of funds or for other reasons for which you are responsible, Nippy micro-mobility may charge you a fee for its actual expenses incurred unless you can show that Nippy micro-mobility did not incur any expenses or incurred less. This is without prejudice to any other legal rights and remedies available to Nippy micro-mobility. 5. (e) You may set any claims which you may have against Nippy micro-mobility against Nippy micro-mobility claims against you only to the extent that such counterclaims are undisputed or have been finally and conclusively determined.

 

  1. Assignment.

 

  1. (a) Nippy micro-mobility reserves the right to assign its claims under its agreement with you to a third party, particularly for the purposes of debt collection. You will be notified in a timely manner about any such assignment. In the event of any such assignment you will be required to render payment to discharge your debts only to the assignee, but Nippy micro-mobility will remain responsible under its agreement with you for general customer enquiries, complaints, etc.

 

  1. Permission to drive.

 

  1. (a) You are only permitted to ride Vehicles if you have an active user account with Nippy micro-mobility. 2. (b) You must be at least 18 years of age. 3. (c) You must have a valid driver’s license, if required by local law. 4. (d) You must be able to drive a Vehicle without endangering pedestrian or vehicular traffic and in accordance with applicable traffic rules and public-order regulations. You must have experience or minimum basic skills in driving a motorized vehicle and must be familiar with the operation and safe use of motor vehicles.

 

  1. Your obligations.

 

  1. (a) You must treat Vehicles with due care and consideration, observe the applicable traffic regulations, and not endanger any third-party rights or legal interests through your use of Vehicles. 2. (b) You must, in particular: 1. (i) observe the maximum load limit of 100 kg. 2. (ii) wear a protective helmet of certified type, properly fastened, if local rules and regulations make this compulsory. 3. (iii) not leave the Nippy micro-mobility Vehicle unattended during the rental period. 4. (iv) report any defects or damages, particularly
  2. (iv) report any defects or damages, particularly if caused by force or by an accident, to Nippy micro-mobility without undue delay upon becoming aware of them;5. (v) ensure, to the extent that you are reasonably able to do so, that the Vehicle is used only in a condition that is safe to operate and safe for pedestrian and vehicular traffic. 6. (vi) observe the applicable road traffic regulations while driving a Vehicle. In the case of eBikes, electrical assistance will cut off when the eBike reaches 15.5mph (the maximum speed);
7. (vii) immediately stop the Vehicle whenever a warning light appears or an error signal is indicated on the display located near the steering handles and contact Nippy micro-mobility to find out whether the ride can safely be continued and 8. (viii) park the Vehicle properly in accordance with paragraph 8. 3. (c) You may not: 1. (i) ride a Vehicle under the influence of alcohol or drugs or medications that could impair your ability to drive (a strict ban on alcohol applies – 0.0‰ blood alcohol reading); 2. (ii) use a Vehicle for off-road driving, motor-sporting events or races of any kind; 3. (iii) use a Vehicle for vehicle trials, for driver training, for the commercial transport of passengers or for commercial transportation (e.g. courier trips, food deliveries); 4. (iv) use a Vehicle to transport easily flammable, toxic or otherwise hazardous materials, insofar as their volume exceeds normal household quantities; 5. (v) use a Vehicle to transport objects or materials which, by virtue of their characteristics, dimensions, form or weight, could obstruct the driving of the Vehicle or to endanger the rest users of the street riding safety or damage the Vehicle; 6. (vi) ride a Vehicle together with one or more other persons; 7. (vii) use a Vehicle to commit criminal offences; or 8. (viii) arbitrarily carry out repairs or conversions of any kind on a Vehicle or have a third party do so; 9 (ix) use while driving earphones that are connected to portable radios, tape recorders of other similar audio devices or 10 (x) use while driving a mobile phone that is not placed to a designated holder for use in spiker mode. 4. (d) Out of respect for the environment, the general public, and your fellow Nippy micro-mobility customers, you shall endeavour to drive in a manner that is orderly, ecologically friendly and not wasteful of electricity.
   
 

 

 

What to do in the case of accidents.

 

1.(a) You must report any accidents involving a Vehicle to Nippy micro-mobility without undue delay. 2. (b) Following an accident, you must notify the police without undue delay and ensure that the police officially records the accident. If the police refuse to record the accident or if this is impossible for some other reason, then you should notify Nippy micro-mobility of this fact without undue delay and coordinate with Nippy micro-mobility on how to proceed. This applies regardless of whether you caused the accident yourself or whether it was caused by a third party. You may not leave the site of the accident until: 1. (i) the police have completed recording the accident (or, where the police cannot record the accident, until you have notified Nippy micro-mobility and complied with Nippy micro-mobility’s reasonable instructions); and 2. (ii) any measures to secure evidence or mitigate damage that have been arranged with Nippy micro-mobility have been duly implemented. 3. (c) In case of an accident involving a Vehicle driven by you, you must not assume liability or make any comparable admission. If you assume or admit liability despite this prohibition, then it will apply exclusively against you and neither Nippy micro-mobility nor its insurers will be bound by such admission or assumption. 4. (d) Regardless of whether you yourself caused the accident or whether it was caused by a third party, Nippy micro-mobility will provide you with a form on which to report any injury and/or damage. This form must be fully completed and returned to Nippy micro-mobility within seven days of being received by you, the time of the form’s dispatch to Nippy micro-mobility being conclusive in terms of meeting this deadline. If the damage notification form is not sent back to Nippy micro-mobility prior to the deadline, this may mean that the insurer will not process – and possibly not settle – the accident claim. If the insurer refuses to settle the accident claim solely because you missed the deadline for returning it, then Nippy micro-mobility will assert against you any claims made against Nippy micro-mobility as a result. 5. (e) You are obliged to provide truthful information about an accident, particularly where it occurred.

 

  1. Insurance.

 

1.(a) Nippy micro-mobility Vehicles, which must have a license plate by law, are covered by third party liability insurance. 2. (b) You are prohibited from acknowledging or settling any damage covered by third party liability insurance without obtaining Nippy micro-mobility’s prior consent.

 

  1. Nippy micro-mobility’s liability.

 

1.(a) Nippy micro-mobility is liable to you for damages caused intentionally or with gross negligence by Nippy micro-mobility.  2. (b) Nippy micro-mobility’s liability for indirect and unforeseeable damage is excluded. 3. (c) Nippy micro-mobility does not exclude or limit its liability to you where it would be unlawful to do so. This includes liability for culpable injury to life, body or health caused by Nippy micro-mobility’s negligence or the negligence of Nippy micro-mobility’s employees, agents or subcontractors.4. (d) Nippy micro-mobility’s liability under the Product Liability Act also remains unaffected. 5. (e) Nippy micro-mobility Vehicles are provided only for private use. If you use Nippy micro-mobility’s services for any commercial or business purpose Nippy micro-mobility will have no liability to you for any loss of profit, business interruption, or loss of business opportunity etc. 6. (f) Otherwise, Nippy micro-mobility’s liability towards you is excluded.

 

  1. Your liability.

 

  1. (a) You will be liable to Nippy micro-mobility for any damages for which you are responsible. This particularly includes any theft, damage, or loss of a Nippy micro-mobility Vehicle for which you are

responsible. Nippy micro-mobility is entitled to be indemnified by you in respect of any legitimate third-party claims (including legal costs) insofar as you are not covered by your own personal insurance. 2. (b) You are liable for all violations of road traffic regulations, public order regulations and other statutory provisions for which you are responsible in connection with your use of a Vehicle. You are liable for any resulting penalties, fees and costs and must indemnify Nippy micro-mobility in respect of any resulting third-party claims. For the avoidance of doubt, you will not be liable if and to the extent that any such penalties, fees, costs or claims result from your use in accordance with these Terms of a Vehicle which is defective.3. (c) You will not be liable to the extent that an insurer compensates the damage, and no recourse is taken against Nippy micro-mobility. 4. (d) No limitation of liability agreed between Nippy micro-mobility and you in respect of damages to a Vehicle will apply if you willfully or with gross negligent caused the damage.

 

  1. Temporary disabling of access to user accounts and exclusion from use.

 

  1. (a) Nippy micro-mobility may temporarily disable your access to your user account if: 1. (i) data essential to contractual performance have been incorrectly provided in the user account; 2. (ii) you default on payments exceeding any negligible amount, despite having received notice of such default; 3. (iii) other significant contractual breaches occur for which you are responsible; or 4. (iv) you lose the personal mobile phone that associated with your user account, or if it is stolen from you, or it otherwise becomes possible for third parties to make unauthorized use of your user account. 2. (b Nippy micro-mobility will unblock your user account without undue delay once the reason for the suspension has been resolved. 3. (c) Nippy micro-mobility may prevent your further use of Vehicles if you repeatedly breach these Terms and if you have failed to react to a warning letter before Nippy micro-mobility takes such action.

 

  1. Term and termination of the User Agreement.

 

  1. (a) The User Agreement is concluded for an indefinite period and may be terminated by either party to the agreement in writing upon giving a notice period of two (2) weeks prior to the end of any calendar month. 2. (b) Either party may terminate for cause with immediate effect. Nippy micro-mobility shall be entitled to terminate the User Agreement with immediate effect if: 1. (i) you repeatedly default in making payments owed to Nippy micro-mobility, despite having been notified by Nippy micro-mobility of such defaults; 2. (ii) you provide incorrect information or conceal factual circumstances during the registration process or in the course of your contractual relationship with Nippy micro-mobility such that it would be unreasonable to expect Nippy micro-mobility to continue the contractual relationship; 3. (iii) despite having been sent a warning letter before action, you fail to desist from serious breaches of these Terms, or fail within a reasonably time to correct any existing consequences of such breaches; 4. (iv) you drive a Vehicle under the influence of alcohol or drugs; 5. (v) you disclose your login data for your Nippy micro-mobility user account to another person; or  6. (vi) you attempt to read out, copy or manipulate the Nippy micro-mobility App.

 

  1. Personal Data.

 

  1. (a) Nippy micro-mobility will collect and process personal data relating to you insofar as such data are required to perform Nippy micro-mobility’s rights and obligations under the User Agreement. When processing your personal data, Nippy micro-mobility will observe the applicable statutory provisions, particularly those of the EU General Data Protection Regulation (GDPR) and the Greek Data Protection Act. 2. (b) For further details and information on the scope of the collection, storage, and processing of personal data relating to you, please refer to Nippy micro-mobility’s Privacy Notice available here info@nippy.gr

 

  1. Dispute Resolution.
  2. (a) Greek law applies to contracts between you and Nippy micro-mobility. 2. (b) Any dispute concerning the application or interpretation or application of these terms and conditions must be decided by the Courts of Argostoli. 3. (c) Mandatory legal jurisdictions remain unaffected.

 

  1. Final provisions.
  2. (a) You may not assign to any third parties your rights or obligations under the User Agreement without the prior consent of Nippy micro-mobility. Nippy micro-mobility may transfer its rights and obligations under the User Agreement to any third person or legal entity. 2. (b) If Nippy micro-mobility does not insist immediately that you do anything which you are obliged to do under these Terms, or if Nippy micro-mobility delays in taking steps against you in respect of any breach of these Terms by you, it will not prevent Nippy micro-mobility from taking steps against you at a later date. 3. (c) If a court finds part of these Terms unlawful, the remainder will be unaffected. Each of the paragraphs of these Terms operates separately. 4. (d) The User Agreement is made between you and Nippy micro-mobility. No other person shall have any rights to enforce any of its terms.

 

  1. Customer service and complaints.
  2. (a) If you have any questions, comments, complaints, or if you wish to contact Nippy micro-mobility for any other reason, you may contact via telephone, post or email using the following contact details: 1.. lakithra 0. 28083, Argostoli Greece 2. Tel.: +30 6937651826. 5. Email: info@nippy.gr. 2. (b) The European Commission has an online dispute resolution platform (the so-called “OS platform”) for the settlement of disputes concerning contractual obligations arising from online sales contracts between consumers and businesses, which can be found at www.ec.europa.eu/consumers/odr. Nippy micro-mobility is neither legally obliged nor willing to participate in any dispute resolution procedure.