Terms Condition

Terms and Conditions

Cesano mobility’s Terms and Conditions for Riders

 

Cesano mobility Group BV, registered at the central business register (Belgium) under VAT.: 0756734612, with its corporate seat at Kerkstraat 71, 9070 Destelbergen Belgium, represented by its directors: Mr. Yves Van Santen and Mr.Gilles De Vos , e-mail: info@Cesano.group (“Cesano Mobility Group” or “us”) provides a digital platform, who has vehicles such as bicycles, ebikes, trailers and scooters (“Vehicle(s)”) for rent (collectively “the Services”). The Services are available via Cesano Mobility Group’s mobile application (“the App”).

By making use of the Services, the App or the Website, the Driver agrees to comply and be legally bound by these terms and conditions (“T&Cs”).

Definitions

“Rider” means the person making the booking and uses a Vehicle for himself and/or for a Co-Driver. A Rider can also be a member.

“Co-Driver” means the person who uses a Vehicle, which a Rider rented.

“Hub” or “Drop-off Location” means the geo-tagged location for Vehicles visible through the App, where the Vehicles are taken from and returned to. 

 

1. Registration, hard- and software requirements

• Before making use of the Services, the Driver must create a profile and register via the App. 


• The Driver shall ensure that the information provided to Cesano Mobility Group is correct and is obliged to keep this information up to date. 


• The minimum age to use the app and the electric vehicles is 16 years. To use an e-scooter in Germany,Belgium, Netherlands and Luxembourg a minimum age of 16 years applies.


• The Driver needs a smartphone with an average hardware performance, which can access the internet and is capable of using Bluetooth and the satellite navigation systems GPS and/or Galileo. The App needs as an operating system iOS from Apple Inc. or Android from Google Inc. 

 

 

 

2. Contract-objective, payment, conclusion of the contract, options for correction, termination, relocation surcharge 

Single use

• When the Driver just intends to rent a Vehicle, he has to choose the option “Single use”.


• A booking may consist of one or more Vehicles and may be made for the Driver himself/herself and/or other Co-Drivers. If a booking is made for other Co-Drivers, such Co-Drivers e-mails can be submitted as part of the booking.


• The presentation of the clickable button “Rent Now” is a legally binding offer from Cesano Mobility Group to the Driver to rent the Vehicles he selected in accordance with these T&Cs and the prices shown in the App. By clicking the before mentioned button the Driver accepts this offer and the contract is concluded and the Rental starts immediately.


• The current Rental fee will be displayed via the App during the Rental. 


• Upon Booking confirmation, Cesano Mobility Group will reserve the payment of the amount equivalent to one day Rental of the rented Vehicle from the Driver’s credit card. If the Rental exceeds one day (24 hours), Cesano Mobility Group will reserve the payment for the next upcoming 24 hours’ charges on the rented Vehicle(s) from the Driver’s credit card. Upon the end of Rental, the Driver will be charged the actual price for the Rental from its credit card. Hereafter, Cesano Mobility Group issues a payment receipt of the Rental to driver’s e-mail account.


• The Driver is entitled to cancel a booking at any time until the Vehicle is picked up and unlocked for the first time in a Rental. In that event, the payment for the rent of the Driver will be refunded in total and the reservation of the payment is canceled.


• The Rental ends, when the Driver returns the Vehicle(s) to a Drop-Off Location and pushes the button “Return Vehicle” and thereafter, “End Rental” in the App, and completes the process until End Rental is confirmed in the App. For eBicyles, the Driver must actively lock the vehicle as guided by the App.


• The Rental also ends, when the Driver locks the vehicle, pushes the button “End Rental” in the App without being at a Drop-Off Location, and completes the process until End Rental is confirmed in the App. But in this case, the Driverhas to pay a relocation surcharge of

– 10 EUR (VAT included) if the Vehicle is within 500m of nearest available Hub

– 18 EUR (VAT included) if the Vehicle is within 5km of nearest available Hub

– 75 EUR (VAT included) if the Vehicle is within 50 km of nearest available Hub

For additional distances, the Driver will be charged depending on the cost of the vehicle:

– 800 EUR for an ebike

 

 

 

Membership

• The Driver can become a member by signing up to one of the subscription packages detailed in the App. As a member, the Driver can use one bike for a total of 12 hours for free each time s/he rents. If the rental period exceeds 12 hours for any rental, the Driver will be charged the applicable Just-Ride rental fees shown in the App for any exceeding time above the before mentioned 12-hour period until your rental is ended by pushing the End Rental button and completing the process until the App confirms that the Rental is ended for each Rental. 


• The presentation of the clickable button “Subscribe” is a legally binding offer from Cesano Mobility Group to the Driver to become a member in accordance with these T&Cs and the price shown in the App. By clicking the before mentioned button the Driver accepts this offer and the contract is concluded and the membership starts immediately.


• After pushing the button through the Driver, Cesano Mobility Group will ask the respective credit card company to initiate the payment transaction of one month membership contribution in advance. The payment transaction will automatically be carried out by the credit card company and charged to the Driver’s credit card.


• The membership renews each month, has a minimum contract period of one month and can be terminated at any time on a monthly basis via the App.


• Upon termination, Rider will maintain access to membership until the end of the current period, however membership will not be renewed at the end of this period.


• Cesano Mobility Group can terminate the membership monthly at any time via the App or by sending an e-mail to the Driver.


• The Driver has the right to revoke his declaration of intent regarding the membership. The cancellation policy will be shown during the order process.

 

General

• Before the Driver pushes the button “Rent Now” or “Subscribe” s/he can cancel the respective booking process at any time by closing the App. The Driver can correct input errors on the booking form in the respective input field.


• Before the Driver unlocks a bike for the first time in any Rental, s/he can cancel the Rental through “Cancel Rental” button in the App. If Rental is cancelled, the Driver will not be charged any amounts. 


• Cesano Mobility Group accepts only the means of payment shown in the App.


• The prices are shown in the App. The total price each includes the respective applicable statutory VAT and other price components.


• The Driver is fully responsible for his Vehicle and for the Vehicle used by a Co-Driver.


• The right to extraordinary termination remains unaffected.

 

 

 

3.Use of the Vehicles

• The minimum age to use the app and the electric vehicles is 16 years. To use an e-scooter in Germany, Netherlands, Belgium and Luxembourg, a minimum age of 16 years applies.


• The Driver shall ensure that the Co-Drivers are aware of and comply with these T&Cs as well as applicable national legislation on rules for bicycle riding in traffic.


• The Vehicle is intended for a maximum weight of 100 kg. Usage outside these ranges may increase risks of accidents or inconvenience. It is not allowed to be two persons on the same Vehicle.


• On the Website www.Cesano.group/faq Driver can access recommendations on how to check the condition of a Vehicle at the beginning of the Rental, and how to park the Vehicle after use to end the Rental. The Driver can also find information of the Vehicles’ seat heights.


• A Rider and Co-Driver is at all times obligated to use the Vehicle in an appropriate, legitimate and justifiable fashion.


• When the Driver finishes the Rental, the Driver shall ensure for himself and for the Co-Driver:
  
  
  
  • correctly locking the Vehicle at a Hub. Detailed instructions for locking the Vehicle are described in the App. These instructions are prompted by the Driver by pressing the “End Rental” button in the App;
  
  
  • parking the Vehicle in a legitimate appropriate manner in the correct and dedicated Hub as displayed in the App. The App will confirm, if the Vehicle is parked correctly in the Hub. If a Vehicle is not returned and parked accordingly, the Driver must pay the applicable relocation surcharge;
  
  
  • to click “End Rental” in the App for his Vehicle and for  the Vehicle used by a Co-Driver.
  
  
  
  

4. Defects and damages on the Vehicle

• Prior to the pickup by unlocking the vehicle, the Driver shall examine the Vehicle to identify any visible defects or damages, including – but not limited to – tires and lights, and brakes, seat, handlebar as applicable.  If the Driver encounters a defect or damage, which makes the Vehicle unsafe to use, then he has to cancel the Rent by pressing “cancel Rent” in the App. The Driver will not be charged any fees for the defect or damage. 


• If a defect or damage on the Vehicle is identified after the Driver unlocks the Vehicle and if the Vehicle is unsafe to use because of the defect or damage, the Driver shall switch the Vehicle by pressing “Switch Bike” in the App or end the Rental by clicking “End Rental” in the App or locking the Bicycle in the chargingstation. 


• The Driver and Co-Driver may never use a Vehicle, which is unsafe to use (e.g. because of a damage or defect).

5. Liability of the Driver

• The Driver shall be liable for damages resulting from the theft of or damage to his Vehicle and to the Vehicle of the Co-Driver during the Rental period.


• The Driverhas to end the Rental for himself and for the Co-Drivers. A Rental that has not been ended correctly will automatically extend and the Driver will be charged accordingly with the applicable relocation surcharge, if the conditions are met.


• If the end of the Rental is not completed, and the Driver cannot be charged for the ongoing Rental, Cesano Mobility Group will notify the Driverin order to return the Vehicle. The Driverhas to respond within 48 hours otherwise the rented Vehicle will – unless found and relocated – be regarded as lost or stolen and the Driver is liable hereof as described below.

 

Missing Vehicle

Liability in case of theft / disappearance – no agreed limitation 

• If the Driver has not limited his liability in case of theft / disappearance during the booking by purchasing the “theft insurance”, the Driver will be notified of the claim of disappearance or theft and given 48 hours to respond. If the Driver does not respond the rented Vehicle will – unless found and relocated – be regarded as lost or stolen and the Driver is liable hereof. When the Vehicle has been missing for 7 days, Cesano Mobility Group has the right to charge the Driver directly on its payment card the following amounts in order to compensate Cesano Mobility Group:
  
  
  
  • eBike: up to 800 EUR / Vehicle
  
  
  
  


• If a Rider is charged due to a missing Vehicle as described, and later the Vehicle is recovered, Cesano Mobility Group will refund the Driver with 60% of the amount if the Vehicle is recovered within 60 days after reported missing, and 30% of the amount if the Vehicle is recovered within 90 days after reported missing. If the Vehicle is recovered after more than 90 days after the Vehicle is reported missing, Rider will not be refunded. 


• The Driver is expressly permitted to prove that a financial harm or impairment did not occur at all or the financial harm or impairment is significantly lower than the aforementioned lump sums.

Limitation of liability in case of theft – agreed limitation 

• If a Rider has limited his liability in case of theft / disappearance during the booking, the Driver will be notified of the claim of disappearance or theft and given 48 hours to respond. If the Driver does not respond the rented Vehicle will – unless found and relocated – be regarded as lost or stolen and the Driver is liable hereof. When the Vehicle has been missing for 7 days, Cesano Mobility Group has the right to charge the Driver up to 30 EUR in order to compensate Cesano Mobility Group. The amount will be charged directly on the Driver’s payment card.


• If a Rider is charged due to a missing Vehicle as described after 7 days of Vehicle reported missing, and later the Vehicle is recovered, Cesano Mobility Group will not refund the Driver.


• The Driver is expressly permitted to prove that a financial harm or impairment did not occur at all or the financial harm or impairment is significantly lower than the aforementioned lump sums.

 

6. Termination

• If the Driver culpably breaches the T&Cs, Cesano Mobility Group is entitled to terminate the use of the Services, the App and the Website and deactivate and cancel the account. In case of a minor infringement, Cesano Mobility Group will notify the Driver so he can stop the infringement. If he does not stop the infringement, Cesano Mobility Group will terminate the Services, the App and the Website and deactivate and cancel the account immediately.


• In case of such termination, the Driver is not entitled to demand reimbursement for the paid Rental or membership fee.


• The right to extraordinary termination remains unaffected.

 

7. Limitation of liability Cesano Mobility Group

• Cesano Mobility Group is liable for damage – except in the case of a breach of fundamental contractual obligations – in the event of injury to life, body or health or in the event of claims arising from product liability law or a guarantee assurance – only if this has been caused by Cesano Mobility Group in a willful or grossly negligent manner. Fundamental contractual obligations are those whose fulfilment are necessary to attain the contractual purpose and in whose compliance the customer may regularly trust (cardinal obligations).


• If fundamental contractual obligations are breached, Cesano Mobility Group is only liable for foreseeable damage typical of such contracts, if this has been caused through sheer negligence.


• The aforementioned exclusions or limitations of liability apply accordingly for claims against companies affiliated with Cesano Mobility Group, legal representatives and other employees of Cesano Mobility Group and its vicarious agents.

 

8. Miscellaneous, change reserve, language of contract, place of jurisdiction

• This contract is governed by Belgian law under the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular of the country in which the Driver, as the consumer, has his/her habitual domicile remain unaffected.


• If the Driver is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between Cesano Mobility Group and the Driver is Ghent


• The language of contract is English.


• We do not store these terms of use and the general terms and conditions. However, the respective applicable terms and conditions can be accessed and saved by the Driver via the App or Website, under “General Terms and Conditions”.


• Cesano Mobility Group reserves its rights to change the T&Cs, prices and the services (“conditions”). Changes of the conditions will be offered to the Driver in text form at least 6 weeks before they take effect. The Driver can accept or deny the updated conditions in the aforementioned timeframe. The Driver’s consent shall be deemed to be given, when he does not notify Cesano Mobility Group about his denial in the aforementioned timeframe. After the offer the Driver has the right to cancel the contract at any time and free of cost in the aforementioned timeframe. Cesano Mobility Group will inform the Driver about his aforementioned rights in the offer.

Feedback

• In case of feedback, requests or if you are not satisfied with the services, please contact our customer support, at support@cesano.group or via our livechat.