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Splash Mobility SRL, Popesti Leordeni City, str Cazanesti, nr 1C, Ilfov County, Romania, Fiscal Code: 41542602, Registry No: J23/3669/2019 (hereinafter the “Company”)

Data protection policy (hereafter, the “Privacy Policy”)

 

GENERAL TERMS AND CONDITIONS FOR USING THE SPLASH SERVICE

2 GENERAL TERMS

These General Terms and Conditions (hereinafter referred to as “Terms of Use) or “General Terms”) govern together with the Special Terms and the enclosed documents the contractual relationship between the parties regarding the rental service of vehicles for personal mobility for use in the city. It is recommended that the user reads them thoroughly.

The acceptance of the these General Terms assumes the acceptance of the Special Terms and their appendices.

These General Terms, the Special Terms and the appendices can be accessed on the SPLASH website: https://ridesplash.com and on the mobile SPLASH app. All this may be modified or updated by the company at any time.

The user will be informed about any updates or modifications of the General Terms, Special Terms and appendices so that they can be accepted according to the provisions of point 16 of these General Terms.

3 DEFINITIONS

For the purpose of these General Terms, the following definitions apply:

  • User: the person with a properly validated SPLASH user account and the person who uses the rental services of the vehicle for personal mobility (hereinafter referred to as: “VMP”).
  • General terms: : refer to the sections of this document.
  • Special Terms: the special terms are the clauses that apply to the parties depending on the city in which the service is ordered, as every city has its own particularities and specific local provisions.
    The Special Terms that apply in any case are the ones of the city or place where the service is carried out. The place of the service is determined by the place of delivery of the VMP.
    The Special Terms are complemented by appendices that comprise of the local regulations of the city.
  • SPLASH application: the mobile application which is used to manage and utilize the VMP rental service.
  • Website: refers to the page with the https://ridesplash.com
  • User account: the account created by the user during the registration process in the SPLASH application, validated by SPLASH and required to conclude a contract regarding the service.
  • VMP: personal mobility vehicle, which refers to an electric scooter or another electrically powered vehicle that forms the fleet of SPLASH vehicles together with other VMPs and can be rented by user for the effective use.
  • Service: the service of the VMP rent, which is billed via one of the following methods:
    i) rent billed on the clock or time period, in which the user uses the VMP effectively. It is clear that the effective use refers to the period from the delivery until the return of the VMP, as described in the terms of use.
    ii) rent per day.
    iii) rent based on a monthly or yearly subscription.
  • City: refers to the city in which the SPLASH services operates and therefore defines the are in which the VMP can be used. The city is specified by the location where the VMP is delivered and provided for use.
  • Traffic zone: refers to the area and/or area within the city in which the VMP can be driven. The traffic zone of every city is indicated in the SPLASH registration and on the website
  • Business area: refers to the areas or zones in which the VMP can be provided and returned. The business areas can be found in the Special Terms of the respective city, on the website and in the SPLASH app.
  • SAT: Customer service which can be reached under the following contact information:

    E-Mail: hello@ridesplash.com
  1. SUBJECT

The contract relationship between the parties is governed by the General Terms as well as the Special Terms and their appendices.

Subject of these General Terms is the regulation of the rental service of the VMPs for the benefit of the user in the city. The service comprises of the rental of the VMPs for the effective useful life (per ride or per minute) or of a rent per day, month or year.

Through the rental of the VMPs by the user, the ownership of the VMPs is not abandoned or transferred. They remain the property of SPLASH.

The rental service of the VMPs is subject to the availability of the VMPs. The user can see the location and availability of the VMPs in the SPLASH app.

  1. REQUIREMENTS FOR THE USE OF THE SPLASH SERVICE

The user has to meet the following requirements to be able to utilize the rental service of VMPs offered by SPLASH:

5.1 Has to be at least 18 years old or has reached the legal age

5.2 Has to have a SPLASH user account

5.3 Has to have experience or minimum skills with driving VMPs and has to be familiar with the operation and the safe handling of VMPs

5.4 Has to have a minimum of knowledge of driving and of the local traffic regulations that are provided to the user.

5.5 Has accepted these General Terms that include the Special Terms and appendices.

6 USER REGISTRATION, USER ACCOUNT

The registration process is free of charge.

To carry out the registration process, the SPLASH app has to be downloaded via the online app stores or on the website.

After the SPLASH app has been downloaded, a user account has to be created. For this purpose, the registration has to be completed and the information required has to be transmitted. 

It will be necessary to provide information about the selected payment method.

The email address entered during the setup of the user account cannot be changed at a later time.

In case it is required for the type of vehicle rented, SPLASH can request documents, such as the driving license. The user can transfer these via the SPLASH app or send them by email.

After the registration process has been completed, SPLASH checks the account. When it was confirmed and activated, the user will be notified immediately.

A user cannot have more than one user account.

The user account is personal and cannot be transferred. Moreover, the user has to be the only person utilizing the service. The user has to take appropriate measures to ensure the confidentiality of the user account information, especially the login data.

In case the login data of the user account are lost or stolen or reasonable suspicion exists that the account is used by a third person, the user shall inform SPLASH immediately via the contact information provided in these General Terms.

If the user is at fault (intent or gross negligence), they are liable for all liabilities or damages arising from the use of their user account by a third person.

The user is obliged to keep the information provided for creating their user account, especially the billing and contact information (except the email addressed entered during the registration process and the selected payment method), up to date. The failure to comply with this requirement entitles SPLASH to suspend the service for the user.

7 NETWORK ACCESS

The user needs to connect the device with the Internet to be able to download the SPLASH app and complete the service via these General Terms.

The user accepts that SPLASH is not responsible for the quality and availability of the Internet network and that the availability of the service can be impaired by the quality and availability of the Internet connection, which is provided to the user by their telecommunications provider.

SPLASH gives no performance guarantee for the SPLASH app. It is not part of the performance that the SPLASH app is available, safe or flawless at any time or that minor errors in the software or service will be fixed. In this respect SPLASH does not offer any warranty.

8 NOTIFICATIONS

When creating the user account, the user accepts that SPLASH can send informative text messages (SMS), emails as well as automated notifications as part of the normal operations.

9 PRICE, PAYMENT METHOD, MEANS OF PAYMENT, INVOICE

9.1 Price

The price of the service depends on the Special Terms of the respective city that can be changed according to the provisions of point 16.

The prices include the taxes applicable to the country in which the city is located.

The current prices applying for every city can be found on the website and in the SPLASH app.

The prices can vary depending on the category of the rented VMPs.

In case a VMP is returned outside the business area, the additional prices apply that are indicated in the Special Terms of every city

9.2 PAYMENT METHOD

The price for the service shall be paid as follows:

  1. i) The usage fee (by minutes or effective duration) shall be paid when the VMP is provided.
  2. ii) The daily rent shall be paid at the time of the booking

 

9.3 MEANS OF PAYMENT

The price shall be paid by the means of payment which is specified in the user account at the relevant time.

The means of payment that can be selected in the SPLASH app are those which are each indicated in the application.

The available payment methods are the following (among others):

  1. i) “credit account”, which was created automatically in the user account. Here, the user can deposit funds in an account. The price of the service for any contractually agreed service will be charged to the credit account.
  2. ii) credit card (Visa, Mastercard or American Express)
  1. iii) other means of payment that shall be specified in the app.

Additionally, SPLASH can, at its own direction, disburse rewards or bonuses to the users. 

The balances in the bonus account cannot be transferred to third parties or other users of the service. Furthermore, they cannot be used outside of the SPLASH app.

In case the user terminated the service, the balance in the bonus account will be canceled automatically.

9.4 OUTSTANDING PAYMENTS

In case of outstanding payments, SPLASH will automatically try to settle the pending balance by withdrawing the due amount directly from an active user card. SPLASH reserves the right to try and settle the negative user balance for multiple times until the payment has been successfully processed.

In case of outstanding payments to SPLASH, the service shall be automatically disabled for the user (temporarily), until the pending payment has been fully settled. If the outstanding payment cannot be pursued as set, the contractual relationship shall be terminated and the service shall be canceled permanently.

Payments can be deemed outstanding for credit related to services rendered, for amounts due for damages of the VMP, for fines, sanctions, loss of the VMP or for any other amount the user owes to SPLASH according to the conditions set in these General Terms.

For the collection of outstanding payments, the following process shall be used, which is free of charge for the user:

  1. i) First, the balance in the bonus account shall be used to collect the money.
  2. i) In case the bonus account does not show any credit, the balance in the credit account shall be used. If this amount is not sufficient, SPLASH is entitled to settle the remaining costs via another payment method configured in the user account (credit card, direct debit or other method).
  3. i) In case of the termination of the contract by the user, the user has to settle outstanding payments, which are not payable with the balance in the bonus account. SPLASH is in any case entitled to collect the remaining amount via the payment method set in the user account (credit card, direct debit or another method).

If it is not possible to collect the outstanding payments via one of the methods mentioned here, SPLASH is entitled to transfer the claim to a debt collecting agency for collection. SPLASH is entitled to charge the user for its own and third-party collection measures, insofar they were necessary for the relevant handling and are proportionate to the respective claim.

9.5 INVOICE

The invoice for services will be generated and send to email address the user provided during login to the application or via their profile in the user account.

Objections to SPLASH’s fees shall be made within 14 days from the postal date of the invoice.

10 DURATION AND TERMINATION OF THE CONTRACT

These General Terms, the corresponding Special Terms and the appendices remain in force between the two parties until the contract is canceled. The contract can be canceled by either party at any time.

As indicated above, the user can unsubscribe from the service at any time by informing SPLASH in writing to the contact address indicated in these General Terms. 

As soon as the user has unsubscribed from the service, the user account shall be deleted and the service disabled.

The contractual relationship is dissolved by SPLASH if SPLASH informs the user about this in any manner or if SPLASH has has ceased to provide the service for any reason.

If the user terminates the service while still having some credit in their credit account, SPLASH shall collect the outstanding payments and return the remaining amount.

In case a user of a monthly or yearly service cancels the contract while the subscription is still valid, SPLASH shall collect the outstanding payment and return the remaining, already invoiced amount proportionately.

When the contract was terminated due to a breach of the obligations set in these General Terms, Special Terms and appendices, the user has to accept responsibility for any loss or damage resulting from this breach.

11 TERMS OF USE OF THE SERVICE AND OBLIGATIONS OF THE USER

11.1 Rental period

11.1.1 Start: The rental of the service begins as soon as the user has requested the rent of a VMP via the SPLASH app and SPLASH has confirmed the service.

11.1.2 End: The rent ends as soon as the VMP has been returned correctly. It is clear that the VMP has been returned appropriately when the SPLASH system indicated this in the SPLASH login, as explained in section 11.9 of this term.

11.1.3 During the rental period, the user is responsible for the VMP insofar that he or she assumes liability for any damage to the VMP that occurred during this period.

11.2 AVAILABILITY AND MAINTENANCE

11.2.1 The rental service of the VMPs is subject to the availability of the VMPs.

11.2.2 The availability of the VMPs for the benefit of the use depends on the order of the arrival and inquiry of the user.

11.2.3 SPLASH makes every effort to meet the demand of the user for the VMP, can, however, not guarantee that the provision of VMPs is sufficient for all users at any time, as the service remains subject to the availability of the VMP, as indicated.

11.2.4 SPLASH is responsible for the maintenance and repair of the VMP. However, SPLASH does not guarantee that the VMPs available are free of operating and functional problems

11.2.5 If 24 hours have passed and a provided VMP has not been used, the service shall be terminated automatically and SPLASH is entitled to provide the VMP to other users.

11.3 SIMULTANEOUS RENTAL OF MULTIPLE VMPS

11.3.1 In general, the rental of multiple VMPs at the same time by one user is prohibited.

11.3.2 In case several VMPs have been rented at the same time, the responsibility of the user set in these General Terms and under the Special Terms are extended to the user for every VMP. The user is therefore responsible for the performance of the other VMP drivers.

11.4 PROVISION OF THE VMP TO THE USER

11.4.1 The provision of the VMP takes place in the business area.

11.4.2 The SPLASH app shows the available VMP to the user and that it was allocated to the service requested.

11.4.3 To release the VMP from the SPLASH anti-theft security system, the user takes the steps provided in the SPLASH app.

11.4.4 The battery level can be checked in the app. For synchronization reasons, the actual level can deviate from the level indicated in the app

11.4.5 When delivered initially, the battery of the VMP is sufficiently charged for a range of at least 20 km.

11.5 INSPECTION OF THE VMP

11.5.1 After the VMP was provided, the user shall carry out an inspection to ensure that the VMP works correctly.

11.5.2 The inspection includes a check of the operative components of the VMP, such as brakes, wheels, battery level, type plate (if applicable for the VMP type), lights or reflective lights, GPS device.

11.5.3 If one of the components mentioned shows a malfunction, the SPLASH customer service (SAT) is noticed immediately. The communication regarding the malfunction of the VMP has to take place within the first 5 Minutes of the rent, otherwise we assume that the VMP provided works correctly.

11.5.4 After SAT was informed about the malfunction, the services shall be aborted and the user shall not be charged.

11.5.5 The user can request access to another functioning VMP after the service was canceled. The usage of this VMP shall be charged according to the prices and conditions set in these General Terms.

11.6 SPECIAL TERMS OF USE

The user acknowledges and confirms that:

11.6.1 he or she is experienced in the operation and safe handling of the VMP

11.6.2 he or she is physically and mentally fit to drive the VMP

11.6.3 he or she is familiar with the traffic regulations of the city as well as the rules and local, municipal and state laws regarding the utilization and the driving of a VMP

11.6.4 he or she knows the city’s traffic zones.

 

Furthermore, the user accepts and confirms that:

11.6.5 hopping on or hopping into a VMP and the ride through the city with a VMP poses a risk to oneself, as there is a risk of accident. Therefore, the user is obliged to exercise due diligence during the ride with the VMP.

11.6.6 he or she is sufficiently trained to use, operate and drive a VMP, whether or not SPLASH or a third person explained the usage and handling of the VMP.

11.6.7 It’s his or her sole responsibility to acquire and use a helmet and/or other approved security and safety equipment or accessories, if this is required under the local provisions of the city or the state law.

11.6.8 the use of a helmet and / or other safety equipment does not exclude the risk of injury during an accident.

11.6.9 he or she is responsible for any harm caused to other human beings during the usage or ownership of the VMP.

11.6.10 the service is subject to a fee.

11.7 FUNDAMENTAL DUTIES OF THE USER DURING THE RENTAL PERIOD

The user is obliged to the following:

11.7.1 Comply with the General and Special Terms

11.7.2 Not leave the VMP unattended and use it with caution during the rental period

11.7.3 Use the stand or the footrest to park the VMP

11.7.4 Maintain and handle the VMP with care

11.7.5 Not give or sub-let the VMP to third parties or other users. If the user handed over or sub-let the VMP to a third person or another user, the user is responsible for any damage or incident caused by the VMP or based on it

11.7.6 Use a duly authorized helmet or the correct safety equipment in case this is required under the local regulations of the city

11.7.7 Not load more than 100 kg onto the VMP

11.7.8 Respect and comply with the traffic and safety regulations of the city as well as their practices and customs

11.7.9 Check the traffic zones and to not exceed the speed limit of every street

11.7.10 Always act with due diligence, respect the fundamental safety measures and adapt the driving behavior to the weather conditions

11.7.11 Avoid driving a VMP in unfavorable weather conditions

11.7.12 Not overspeed

11.7.13 Not transport any objects that prevent the user from driving safely

11.7.14 Not transport any other users with the VMP (apart from the user)

11.7.15 Not use the VMP under the influence of alcohol, drugs or other substances which may affect the ability to drive and operate the VMP safely

11.7.16 Not use any mobile devices while driving the VMP (including the use of electronic devices for listening to music as well as phone calls and other services that distract the user or prevent a safe handling of the VMP)

11.7.17 Not use the VMP if an apparent technical defect was noted

11.7.18 Not use the VMP for races, jumps and / or acrobatics

11.7.19 Not use the VMP for commercial purposes

11.7.20 Not use the VMP for towing, dragging or pushing people, objects or other vehicles

11.7.21 Respect pedestrians and other public road users

11.7.22 Not modify or alter the VMP in any way

11.7.23 Not attach stickers or other elements to the VMP

11.7.24 Not remove or break accessories, parts or components of the VMP

11.7.25 Not commit criminal offenses with the VMP or during the rental period

11.7.26 Return the VMP within the business area

11.7.27 Charge the VMP battery if the battery level is less than 5 Km

11.7.28 Pay the additional fees if the VMP was returned outside the business area

11.7.29 Park within authorized areas and use anti-theft mechanisms, if applicable, whilst the VMP is not used

11.7.30 Keep the SPLASH app up to date by installing the current version available in the app store

11.7.31 Ensure the confidentiality of the access data of the user account

11.8 DETECTION DEVICES (GPS)

11.8.1 The VMPs are equipped with GPS systems that enable SPLASH to determine the exact location of the VMP at any time.

11.8.2 The purpose of the VMP detection device is to become aware of, recognize and prevent any criminal offenses and to analyze the performance of the VMP.

11.8.3 The electronic devices and systems of SPLASH are also used to monitor the status, operation and movement of the VMPs.

11.8.4 The information gathered with these systems can be used during and after the completion of any service, with the sole purpose to enable the execution, control and compliance of the service and to analyze its performance.

11.9 RETURN OF THE VMP

11.9.1 The VMP shall be returned under the same conditions as when it was provided.

11.9.2 The return of the VMP has to take place in the business area of the city and in areas in which the parking of the VMP is allowed.

11.9.3 In case the VMP is returned outside the business area in the city, the user is charged with additional fees indicated in the Special Terms.

11.9.4 In order to be able to return the VMP properly the system has to recognize the return of the VMP correctly.

11.9.5 For the return, the user has to follow the steps indicated in the SPLASH app and ensure that the SPLASH app recognizes and registers the return properly.

11.9.6 The rental period ends after the return of the VMP was noted.

11.9.7 The user can see the completed rental process, the total rental period and the applied total fee in the SPLASH app.

11.9.8 In case the SPLASH app cannot recognize the return of the VMP for any reason (e. G. bad Internet connection), the user shall contact SPLASH immediately to solve the incident with the help of SAT or via the application.

11.9.9 If a VMP has not been used for a period of 24 hours, the service shall be terminated automatically and SPLASH is entitled to provide the VMP to other users.

11.9.10 In case the user does not return the VMP in a correct manner (as indicated in these Terms of Use) and the VMP is stolen or damaged, the user is obliged to pay the price of the VMP as indicated in the Special Terms to SPLASH.

11.9.11 If required, the user has to provide details about the exact place of return of a VMP.

11.9.12 The user is obliged to respect the specific requirements regarding the business area.

11.9.13 When parking, the user has to ensure that the VMP does not impedes other users and road users and that it is left on a dedicated parking area. It is prohibited to park the VMP in the following places: at trees, traffic signs, traffic lights, parking meters, vending machines, fences of third parties, benches, containers, garbage containers, in front of or near emergency exits and fire stations, in front of entries and exits, in no-parking zones, in access roads to public transport, on bike lanes, at ancillary elements for a better orientation of visually impaired people, on crosswalks, in buildings, backyards, leaned on other vehicles, in parks and on green areas, at places where the VMP obstructs advertisements or city furniture, the functionality of a facility is impaired, in areas reserved for loading or at places that are reserved for other users or services and in general at all other prohibited places where parking is not allowed or regulated by the local provisions of the city.

11.9.14 The user is responsible for verifying whether temporary prohibitions (due to works, markets, festivities, pruning, film recordings etc.) apply to a parking areas.

11.9.15 The service cannot be terminated if a VMP is parked in areas with daily or hourly parking restrictions, if the restriction begins less than 24 hours after the VMP was parked. Example: If the parking prohibition start on Tuesday at 9:00 am, the user is not able to park the vehicle in the restricted area after 9:00 am on the preceding Monday.

11.9.16 If the user violates the above mentioned regulations when parking, additional fees according to the rates indicated in the Special Terms may apply. In case the VMP has been parked in violation of the above mentioned provisions, the service remains aktive until the VMP has been returned in accordance with these provisions. This is, however, limited to 48 hours after the VMP has been parked in violation of these provisions

11.9.17 The SPLASH system can prevent the locking of the VMP when returned, if the non-compliance with the return provisions was noted. If this happens and the user leaves the VMP unattended, the return was not carried out correctly and the user shall be held responsible for the loss in case of theft or vandalism.

11.9.18 In case the incorrectly parked VMP was removed by the relevant authorities and taken to the respective vehicle deposit, the user shall bear the costs for recovering the VMP (in addition to the fine imposed)

12 ACCIDENTS

In case the user is involved in an accident, the following applies:

12.1 The user shall contact the local police immediately.

12.2 The user shall inform SPLASH about the accident and the damages on the VMP as soon as possible.

 

The user assumes responsibility of an accident if he or she can be blamed for it.

The assumed responsibility shall in any case include the obligation to repair the damages and the compensation of losses caused to third parties as well as the reimbursement of damages of the VMP, even if the VMP has to be replaced entirely. In this case the replacement value is the one stated in the Special Terms.

In accordance with the above mentioned provisions, SPLASH is entitled to invoice the user for any repair and recovery costs of the VMP as well as amounts payable to third parties that arise from damages incurred in responsibility of the user. The payment can be made via the payment methods configured in the user account.

13 THEFT

If the VMP, its accessory parts or any components were stolen during the rental period, the user has to:

1 Contact the SPLASH customer service (SAT) immediately

2 Submit the respective report to the authorities responsible

3 Send a copy of the claim to SPLASH within 24 hours after it was reported.

 

In case of theft, loss or disappearance of the VMP, the user shall pay the amounts indicated in the Special Terms of the city to SPLASH.

14 FINES, SANCTIONS AND OTHER PENALTIES

14.1 The user shall bear full responsibility for their infringements and assumes all resulting fines, sanctions and penalties, including all fees or fines for parking the VMP at prohibited places, the costs for recovering the VMP from municipal deposits, traffic-related fines or fines for failing to wear safety equipment, such as helmets, in case this is mandatory

14.2 To defend its interest, SPLASH reserves the right to identify the user to the authorities or the public administration in case the traffic regulations were violated during the rental period (traffic offense, prohibited parking).

14.3 Similarly, SPLASH can claim the costs for infringements committed by the user, such as fines, penalties and legal expenses paid by SPLASH. The payment shall be made via the payment methods configured in the user account.

14.4 Failure to pay the amounts owed by the user for the above mentioned circumstances shall entail the immediate termination of the contractual relationship between SPLASH and the user. In addition to these amounts, SPLASH shall take any measures to legally assert further claims for damage and losses incurred.

15 CHANGES

15.1 SPLASH may change these General Terms, the Special Terms and the appendices at any time. In this case the user shall be notified via email to the email address provided.

15.2 The changes are deemed to have been accepted by the user in case he or she did not enter an objection with one (1) month after the new conditions were communicated. SPLASH shall expressly inform the user about the significance of not entering an objection.

15.3 They shall be accepted in any case if the user concludes the service via the SPLASH app after the new conditions have been submitted.

15.4 The new versions of the General and Special Terms are also available in the SPLASH app and on the website.

16 DISCLAIMER

SPLASH does not warrant that the service shall be available at any time and without interruption. Furthermore, SPLASH does not guarantee the availability of VMPs.

SPLASH shall not be liable for damages resulting from slight negligence. However, personal injuries shall be excluded.

SPLASH shall not be held responsible if the company fails to adhere to his commitments fully or party due to situations of force majeur, including, but not limited to, actions of public administrations, fire, floods, explosions, demonstrations, civil disturbances, strikes, labor disputes, inadequacies, power outage, interruption of telecommunication systems.

17 INTELLECTUAL PROPERTY

All copyrights, trade marks, trade names, logos and other intellectual or industrial property rights held and used by SPLASH as well as those present in the SPLASH app or on the website (including titles, graphics, icons, scripts, source codes etc.) are the property of SPLASH or third party licensors and may not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without prior written permission.

The user shall confirm and guarantee that he or she has all intellectual or industrial property rights referring to any text, picture, information and all other content he or she makes available and publishes through SPLASH systems (in the SPLASH app or on the website). The user shall provide only content that are in full compliance with the existing legislative framework and / or do not result in an infringement of the intellectual or industrial property rights of third parties. At its sole discretion, SPLASH may edit, remove or hide from platforms contents and information provided by the users in whole or in part.

If the user submits proposals for changes, improvements or other comments to SPLASH and / or its services (hereinafter referred to as “comments”), SPLASH shall be entitled to use these comments for any purpose (including marketing or other business purposes), without being obliged to make a adequate contribution to the user in return. The user agrees to transfer all rights, claims and interests (including any intellectual or industrial property rights) contained in his or her comment and / or referring to his or her comments to SPLASH.

18 CONTACT

For the purpose of establishing contact with SPLASH, the following options are available:

Address, email, telephone as indicated in the contact information (SAT)

19 COMPLAINTS AND CLAIMS

The user shall file a complaint or raise a claim through the communication channels listed in the contact and contact information section (SAT) of this contract.

20 NULLITY

Should any part of these General Terms (including the Special Terms) be declared invalid or annulled, the other articles remain in effect without loss of value or validity. In such a case, the invalid clauses shall be replaced by valid ones that comes as close as possible to the purpose of the invalid clauses.

  1. BREACH OF CONTRACT:

In case of breach of contract, SPLASH shall be entitled to terminate the contract and claim the damages and losses resulting from the infringement.

A breach by the user is in any case the breach of undertakings in these General Terms, Special Terms and appendices, especially the failure to carry out the fundamental duties of the user..

  1. APPLICABLE LAW AND JURISDICTION

These General Terms (including the Special Terms and their appendices) are subject to Romanian law, excluding application of the provisions of international private law and of the UN CISG

DISPUTE RESOLUTION

SPLASH shall not participate in a dispute resolution procedure with a consumer conciliation body.

  1. Business areas

The business areas of the Romania are available in the SPLASH app.

  1. Prices
  • Fee to unlock: RON 3.00
  • Fee per minute: RON 0.5

III. Additional fees

  • For driving without a confirmed or valid rental contract or for transferring the access data to another user: 1000 RON
  • For loss or all repair fees incurred due to the fault of the user: arising expenses depending on the amount billed
  • For additional costs incurred due to the fault of the user (e.g. Towing / picking up the vehicle etc.): arising expenses depending on the amount billed
  • For parking a eScooter at not publicly accessible locations: 200 RON
  • For moving an illegally parked eScooter: 100 RON (excluding VAT)
  • For picking up an eScooter outside the business area: 100 RON (excluding VAT)

Refund Policy : All purchase transactions made through the Services are subject to Splash’s return policy in effect at the time of purchase. Currently, Splash’s refund policy is to not offer any refunds for any payments made through the Services, except in Splash’s sole and absolute discretion.