Terms and Conditions for E-scooters
General Terms and Conditions of Use for E-Scooters
1. General information and scope
1.1.
These General Terms and Conditions of Use govern the relationship between WOW Living AG as the provider of the e-scooters it makes available and the users of these e-scooters (users).
1.2.
The General Terms and Conditions of Use form an integral part of the apartment rental agreement between WOW Living AG and the tenant. By signing the apartment rental agreement, the user confirms having read these General Terms and Conditions of Use for the e-scooters and accepts them unconditionally. Any deviations from these terms must be in writing.
2. General use of the e-scooter
2.1.
The user agrees that the vehicle and the associated WOW Living AG equipment remain the sole property of WOW Living AG at all times. The user may not dismantle, label, modify, repair, or damage the vehicle, any part of a vehicle, or any other WOW Living AG equipment in any way. The user may not use the vehicle for advertising or other commercial purposes without the express written consent of WOW Living AG.
2.2.
WOW LIVING AG and the user are the sole parties to this agreement. The user is the sole tenant and solely responsible for complying with all the terms and conditions contained in this agreement.
2.3.
E-scooters may only be used when in good working order. Riding an e-scooter while impaired, particularly by alcohol, medication, or drugs, is prohibited.
2.4.
The road traffic regulations (in particular the Road Traffic Act and the Traffic Regulations Ordinance) must be observed. The user is liable for any fines or damages caused by the user. Furthermore, the provisions listed below regarding damages, theft, and accidents apply.
3. Checking the condition of the scooter
3.1.
The rider is obligated to inspect the e-scooter for any visible damage before starting a ride. This inspection must specifically check that the brakes and lights are functioning correctly. If any damage is found, the e-scooter must not be used and the damage must be reported immediately, and no later than five business days. Otherwise, the rider may be held liable for such damage.
3.2.
The vehicle is an electric vehicle that requires regular battery charging for operation. It is the driver's responsibility to check the vehicle's charge level and ensure it is sufficient before driving. The distance and/or time the driver can travel before the vehicle loses charge is never guaranteed. The user agrees to indemnify WOW Living AG against all consequential damages related to the vehicle's battery drain during driving.
4. Liability insurance
4.1.
Insurance is the responsibility of the user. By concluding the rental agreement, the user confirms that they have liability insurance and therefore sufficient coverage for the risks associated with riding the e-scooter.
5. Damage, accident and theft
5.1.
The user is liable to WOW Living AG for any damage to the e-scooter caused negligently or intentionally during the rental period, or which otherwise arises from the user's negligent or intentional conduct. This includes, in particular, cases of theft, damage, or loss of the e-scooter provided by WOW Living AG. In the event of damage caused negligently or intentionally by the user, the user shall indemnify WOW Living AG against any damages and all third-party claims.
5.2.
If an accident results in personal injury or property damage, the user must file a police report within 24 hours. The user is liable for all damages incurred by WOW Living AG as a result.
5.3.
Furthermore, Wow Living AG is not liable for damages that did not occur to the e-scooter itself; in particular, Wow Living AG is not liable for consequential damages, lost profits and other financial losses of the user.
5.4.
Damage, accidents, and thefts must be reported to WOW Living AG immediately. Otherwise, the user may be held liable. In the event of a theft, the user must simultaneously file a police report.
6. Rental period and return
6.1.
The rental period for the e-scooter begins with the handover of the apartment key and ends with the return of the rented apartment.
6.2.
The user is obligated to return the e-scooter to WOW Living AG complete and in perfect condition. If the e-scooter is not returned on time, the user will be billed for any resulting costs.
7. Applicable Law and Jurisdiction
7.1.
The foregoing terms of use are subject to Swiss law, excluding international private law.