GENERAL TERMS AND CONDITIONS
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DEFINITIONS
GREEN WORLD or Service Provider: GREEN WORLD srl with registered office in Portogruaro (VE), Viale Trieste 21, PI/CF 04639080276, operating in Fossalta di Portogruaro (VE) with operating unit in via Alessandro Manzoni, 75/77.
GREEN 23 App or App: Green world software application downloadable on Android or IOS devices and subject to these Terms and Conditions.
Map: map of the city where the electric scooter sharing depots are located where GREEN WORLD carries out the rental service.
Stripe: external platform for online payments that allows you to accept payments by debit card, rechargeable card or credit card;
User, Driver: natural person in possession of the requirements indicated in these General Terms and Conditions.
Personal Account: set of data entered in the App in order to create the User's profile.
Device: device such as a mobile phone (smartphone) that can be used following the user's mobility and equipped with an internet connection.
QR Code: two-dimensional barcode composed of black modules arranged within a square-shaped white pattern, generally intended to be read by a device.
Scooter or Vehicle: electric powered scooter provided by Green world and used by users of GREEN WORLD in order to use the Service.
Unlock Vehicle: to use the Vehicle, you must unlock the scooter parked in the sharing station using the QR code generated from time to time when reserving it with the GREEN 23 App.
Service or Rental: the service provided by the Supplier includes the rental of the scooters and related services such as the localization of the scooter pursuant to the Contract.
Rental Period: time period for the execution of the Contract valid from the activation of the scooter until the end of the ride with its return/blocking.
Established Routes: Areas where you are permitted to use the Rental Vehicle.
Sharing scooter stations: stations where the electric scooters are located to be unlocked and repositioned and locked at the end of the ride.
Wallet: electronic payment system that allows the User to make a pre-established top-up to use the Service.
General conditions: these general conditions of contract which are an integral part of the contracts stipulated with Green world.
Penalties: sanctions applicable to Drivers in the event that the General Conditions of the Contract are violated.
Regulations/Applicable Laws: regulatory provisions in force in the city in which the Green world Rental Service is used.
The use of the Service is bound to the use of the application (App GREEN 23) developed by GREEN WORLD srl
By subscribing to the App, the user expressly accepts the following General Terms and Conditions and acknowledges that the personal information you provide will be kept by GREEN WORLD srl in accordance with the provisions of the Privacy Policy.
The following General Terms and Conditions (hereinafter also "Agreement") constitute a legally binding contract between the User and GREEN WORLD srl which operates as "GREEN 23".
All monetary values established in the Contract will be considered in Euros.
1. PERSONAL ACCOUNT
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App Registration.
To use the Rental Service you need to download the GREEN 23 App (free of charge) on your Device through the Stores included in the same (e.g. GooglePlay, Apple Store).
In order to register with the App and to be able to use the Rental Service, the User is required to accept the General Conditions of the Contract, the Privacy Policy and to activate the "localization" option from their Device.
The User and GREEN WORLD - by subscribing to the GREEN 23 App - enter into a binding Contract consisting of the set of General Terms and Conditions and the Privacy Policy.
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Account Creation.
To use the App and rent a Scooter, the Driver must first register on the App and create his own Personal Account using his own Mobile Device ("").
To create a Personal Account, the User must fill in all the fields indicated as mandatory and provide the personal information that will be requested, select the chosen payment method and any other information required to allow the correct use of the App.
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Faithfulness of the information provided.
The information provided by the User must be true, correct and updated.
The User undertakes to modify the information where it should change (eg credit card expiry - rechargeable card).
The registration procedure remains subject to confirmation by the Supplier, subject to verifying the documentation provided by the User with the competent Authorities.
If the Supplier has reasonable grounds to believe that the information provided during the creation of the Personal Account is incorrect or inaccurate, it reserves the right to temporarily suspend or block access to the Personal Account in order to carry out the necessary checks.
2. RENTAL SERVICE
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Service in general.
The Electric Scooter Rental Service allows you to rent the scooters one or more times within the pre-established Routes that can be verified by the User on the App Map.
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driver.
The parties to this Agreement are GREEN WORLD and the Driver.
The Driver is the only renter of the Vehicle and these General Conditions of the Contract will apply only to him.
Only one person is allowed to use the scooter.
It is expressly forbidden to use the scooter together with another passenger.
It is forbidden to Unlock the Scooter through your Personal Account and then let it be used by other people.
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Driver requirements.
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Competence.
The driver declares to be competent and able to drive the Vehicle and to have the ability to drive the Scooter.
By using the Vehicle, the Driver assumes the responsibilities and risks deriving from injuries and/or any medical conditions.
The Driver declares to carefully evaluate the weather conditions (for example: rain, hail, storm) which could make the use of the Vehicle dangerous. To this end, it is advisable to moderate your speed and to maintain an adequate braking distance in adverse weather conditions or in the event of heavy traffic (here understood as vehicles or pedestrians).
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Age restrictions.
To use the scooter, the driver must be over 18 years old.
However, use is also permitted to minors who have reached the age of 14 in the event that their parent or legal guardian has:
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registered the Account on behalf of the minor;
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has given its consent and has supervised the use of the Service by the minor;
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has guaranteed that he and the minor accept these terms and conditions;
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has guaranteed to be responsible for any injury, damage, cost and expense that may arise from the use of the Vehicle by the Minor.
Minors are required to use a helmet.
It is expressly forbidden to use the scooter for children under the age of 14.
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. Operation of the Service with a Mobile Device.
To use the Service you must use a Mobile Device () compatible with the App.
It is necessary to activate the location of the Device and keep them active during use in order to view the Map in the App.
An active network connection is required in order to register, unlock, use and end the rental of the Scooter. The User will have to bear all the costs on the basis of the agreements entered into with the telephone company used by him.
The User declares to be responsible for the costs of his offer or data communication services.
The Provider is not liable if - due to interruption of the network connection or malfunction of the Device (including shutdown of the same due to battery exhaustion) - it is unable to unlock, use or terminate the ride of the Vehicle.
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Ownership of the scooter.
The Vehicle and any equipment connected to it is the exclusive property of GREEN WORLD srl
The Driver declares not to disassemble, alter or tamper with the Vehicle in any way.
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Electric Scooter
The scooter is an electric vehicle which, in order to fulfill its function, requires periodic recharging of the battery.
The Driver agrees to use and ride the Vehicle in a safe and prudent manner considering that the Scooter is an Electric Vehicle and all associated limitations and requirements.
The Driver understands and accepts that the level of charge remaining in the Vehicle will decrease with use of the Vehicle (both over time and distance) and, as the charge of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
The driver understands and agrees that the rate of charge loss while using the Vehicle is not guaranteed and varies with the Vehicle, road conditions, weather conditions and other factors.
The Driver must check the charge level of the Vehicle to ensure it is adequate before starting operation of the Vehicle. The Driver is aware that the Vehicle may run out of charge and cease to operate at any time during the rental of the Scooter, including before reaching the desired destination.
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Prohibition to recharge the electric scooter.
If the Electric Scooter runs out of charge during a rental, the Driver will end the ride in accordance with all terms of this Agreement.
The Driver is prohibited from carrying out maintenance and/or recharging of the Vehicles. Otherwise, the Driver will be held responsible for any damages that may arise from such activities.
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Rental Procedure.
By accessing their Personal Account with the App, the User can book the Scooter and unlock it using the QR Code within the deadline set in the following paragraph or they can unlock it directly once they arrive in front of the Vehicle, following the instructions provided by the App.
The time established for selecting the Vehicle and unlocking it is 5 minutes; once the deadline has expired, the reservation will expire automatically without charging any cost and the User will have to repeat the booking procedure.
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Rental Period
The Rental Period has no time limitations and starts from when the Vehicle is unlocked through the App to when it is deposited in the correct sharing Station and blocked through the App.
If the Driver runs out of credit available in the Wallet and is not in the vicinity of the sharing station, the Vehicle will not stop and the cost will be charged directly from the payment method associated with the account.
The Driver is aware that if the Vehicle is not correctly blocked and the ride is not terminated, the costs will continue to be charged until the credit in his Wallet is exhausted and subsequently by the payment method associated with the account.
In the event that the Vehicle is not correctly positioned in the correct sharing location, a penalty is foreseen (see Annex 1).
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Prohibited Acts
The driver agrees to comply with the following:
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It is not advisable to use the Vehicle while carrying or holding a rucksack, bag or other items that may alter balance or increase weight or compromise the safe use of the Vehicle.
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You must not place any objects on the handlebars of the Vehicle, such as backpacks or purses.
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A second person must not be carried.
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The Vehicle must not be left in areas other than those where parking is permitted, these can be obtained from the App.
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You must not use any Mobile or Music Device including the use of mp3 headphones or Airpods while driving the Vehicle.
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The Vehicle must not be tampered with.
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The Vehicle must not be parked in prohibited stops.
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Prepaid package.
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In order to use the Rental Service, the User must purchase a prepaid Package. This Package works through a top-up of the predefined value from the App ("Wallet") from which the costs will be charged based on use.
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Pre-established route.
The User must use the Scooter within the pre-established Route.
It is possible to check the pre-established route on the Map within the App.
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Allowed speeds.
The User is informed that the Vehicles covered by these General Conditions may only be used in compliance with the local legislation in force (Legislative Decree 285/1992 and Presidential Decree 495/1992 and Ministerial Decree 229/2019) "Highway Code", among which remember the following rules:
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driving is permitted on the road, on cycle paths and pedestrian areas as defined by the municipal administration;
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the maximum speed allowed, with the exception of pedestrian areas or the various areas indicated by the municipality, is 25 km/h;
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in pedestrian areas or in areas indicated by the Municipality, a speed of 6 km/h cannot be exceeded;
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when driving at night it is mandatory to wear a reflective jacket or belt.
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Weight limitation.
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It is forbidden to exceed the maximum weight limit allowed for the Vehicle which is equivalent to 100 kg.
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Checking the scooter and reporting damage.
Before using the Vehicle, the Driver must carefully and diligently check that it is free from defects, damage and malfunctions.
The User must check and check several times, in particular, the braking system, the handlebar, the tires and the acceleration device. Furthermore, the Driver must make sure to check that the battery is sufficiently charged to arrive at the desired destination.
The user - if he notices a malfunction, defect or damage - must immediately report the same by communicating to the GREEN WORLD operators (check point 13 "Communications between the parties").
The user is aware and accepts - by accepting these General Conditions - that in the event that he does not promptly report any malfunction, defect or damage, the same will be entirely attributable to the User who used the Vehicle at that time, indemnifying the Supplier from any liability for damages that could occur to the same and/or third parties deriving from the use of the Vehicle.
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Behavior to adopt in case of accidents.
In the event of an accident involving the Vehicle covered by these General Terms and Conditions or in the event of damage to property or injury to people deriving from driving it, the User must stop driving in an area of total safety, contact the operators of GREEN WORLD and inform them of the accident or damage caused and report the same to the Police or other competent Authority.
The User must not leave the site of the accident/damage until it has been ascertained that all the people involved have not suffered injuries and, if there are injuries, until help arrives and in any case until the arrival of the Police or other competent public authority. The User must also obtain the personal details of the people involved or the license plates of the vehicles involved, including witnesses.
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Geolocation
The scooters supplied by GREEN WORLD are equipped with a geolocation device.
The geolocation data collected will be processed as part of an activity to verify the use of the Vehicle to protect the assets of GREEN WORLD.
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Availability of the Service
The User is aware and acknowledges that the availability of the Vehicle cannot always be guaranteed.
To operate the Vehicle requires a battery recharge therefore GREEN WORLD does not guarantee that the service is available 24 hours a day.
3. PAYMENTS
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Rates.
The Driver can use the Vehicle in accordance with the prices described in the App and in Annex A (Rate Plan) an integral part of these General Conditions. The Supplier will charge the Driver the amount of the Service by debiting his Wallet credit at the end of the Ride or if there is no credit in the wallet directly from the payment method associated with the account.
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Credit Card or Debit Card.
When registering on the App, you must select the payment method from the various options available and enter a valid credit or debit card or prepaid card number and an expiration date.
The User authorizes the Supplier to use any Card provided by the same in order to charge the cost of the Service and any other expense attributable to the Driver, penalties and extra expenses.
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Wallets
The GREEN 23 App offers the User the use of a Wallet (or electronic wallet) as a payment method. The user can load a pre-established amount from the App on credit to his Wallet. The credit balance of the Wallet can always be consulted in the App.
The User can only use the credit to purchase the Services offered by the GREEN 23 App
To use the Service, at least € 1.50 of credit must be present.
If at the end of the Ride the credit in the Wallet is insufficient, the debit amount will be charged directly from the credit/debit or prepaid card entered by the User during registration with the App. In the event that the credit in the card is also of credit/debit or prepaid is insufficient, the User will be indebted to GREEN WORLD, therefore, if the User makes a subsequent top-up, the credit due to GREEN WORLD will be immediately withheld.
Credit in Wallet is non-refundable and non-redeemable.
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Pickup Fee
In the event that the Driver is unable to return the Vehicle and deposit it in the sharing locations (for example the Vehicle is blocked in private property or an unreachable area) the Vehicle must be collected by the operators of Green 23, and the collection commission costs will be charged up to a maximum of € 150.00.
4. LIABILITY
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Responsibility of the Driver.
The Driver is responsible for any violation of the law, rules, regulations and/or ordinances while using the Vehicle, including improper driving and/or parking.
The Driver declares and agrees to be solely responsible for any request, consequence, claim, charge, damage, injury, legal fees, court costs, fines and reimbursements of any nature - foreseeable or unforeseeable - deriving from the use of the Service offered by GREEN WORLD.
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Liability for damage to Products.
The user undertakes to return the Vehicle in the same condition in which it was rented.
The User agrees to be responsible for the costs of repairing and/or replacing any Product which has been damaged and/or to which damage has been caused.
The normal wear and tear of the Vehicle remains unaffected.
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Loss of Vehicles.
If the Vehicle is not blocked or returned within 48 hours, it will be considered lost or stolen - at the discretion of GREEN WORLD - and the costs relating to the value of the Vehicle to the Driver may be charged, in addition to management costs.
In the event that a vehicle is lost, the Driver must immediately report the disappearance to the GREEN WORLD operators, providing all the details of which he is aware.
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Fines. Indemnification.
The Driver acknowledges that any sanctions relating to violations of the Highway Code or to improper use of the device attributable to willful or negligent acts by the Driver fall within his responsibility with consequent charge and related costs.
The Driver agrees to indemnify and hold the Supplier harmless from and against all fines, penalties, claims, actions, liabilities, losses, expenses, damages and costs (including attorneys' fees) attributable, directly or indirectly to the negligent or abusive use of the Service, the violation of the provisions of these Conditions, any false declarations provided with willful misconduct or gross negligence by the User through the App.
The User's obligation to indemnify and hold the Provider harmless will remain in force even after the termination of these general conditions and following any cancellation, termination or suspension of the Services.
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Responsibility of GREEN WORLD.
The User who uses the Service offered by GREEN WORLD is aware that the responsibility for damage to people or goods/objects of the User and/or third parties during the use of the Vehicle lies exclusively with the User.
Excluding cases of willful misconduct and gross negligence of the Supplier, GREEN WORLD will not be held liable for direct or indirect damages of any nature that the Driver or third parties may in any way claim as a result of the Service, or for changes to the App as well as for suspension , interruption or in any case unavailability of the Service caused by the Vehicles, technological problems and by third parties.
In the event that the Supplier is liable, the same operates only if the Driver has correctly carried out the scooter control procedure referred to in point 2.15.
These limitations of liability do not limit any mandatory statutory liability.
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Major force.
Neither GREEN WORLD nor the Driver will be liable for damages, delays or failures in performance resulting from acts or events beyond reasonable control, including, but not limited to: fire, lightning, explosions, power surges or breakdowns, water, natural disaster, war, revolution, civil commotion or action of civil or military authority or public enemy, any law, order, regulation, ordinance or obligation of any government or legal entity or any representative of such government or legal entity; or labor disturbances, including, without limitation, strikes, delays, picketing or boycotts, inability to secure raw materials, transportation facilities, fuel or energy shortages, or the acts or omissions of carriers.
5. SAFETY
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Safety. Use of helmet. Reflective jacket.
It is mandatory for the Driver under the age of 18 to use approved helmets, adapted and fixed according to the manufacturer's instructions.
The Driver is informed that he will have to find the helmet independently as it is not supplied by GREEN WORLD.
The Supplier is not responsible for any damage resulting from improper use or failure to use the helmet and/or other protective devices indicated before the rental by the Operator. In the event of failure or improper use of the helmet, the responsibility lies exclusively with the Driver.
For ages over 18 GREEN WORLD recommends the use of a helmet.
The Driver must wear a reflective jacket or suspenders from half an hour after sunset, for the entire period of darkness and also during the day, if the weather conditions preclude the visibility of the road.
The Driver is informed that he will have to independently find a reflective jacket or braces as they are not supplied by GREEN WORLD.
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Additional security measures.
You expressly acknowledge and agree that it may be necessary to take additional safety measures or precautions not specifically indicated in this Agreement and you expressly acknowledge and agree that the decision to adopt them is the sole responsibility of the Driver and not the responsibility of the Supplier.
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Personal Account Security.
The User is responsible for the security and confidentiality of the personal Account he has created.
The User is also responsible for any activity carried out using his Account.
The User must not share his Account data or his access data with third parties and must not allow third parties to access the Services using his data. In the event that the User becomes aware of any unauthorized use of the Account or of any violation, he has the obligation to promptly inform the Provider.
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INSURANCE COVERAGE
The Supplier communicates that he has prepared and is protected by an insurance policy on civil liability which guarantees the Driver against the liability placed against him with respect to injury caused to third parties or accidental damage to third party assets deriving from the use of the Vehicle.
The insurance does not cover injuries or damages suffered by the Driver in the event of an accident.
The Supplier recommends and suggests activating suitable insurance coverage in relation to the use of this Rental Service.
Therefore, the User is advised to take steps to activate the coverage he deems most appropriate with the insurance companies he trusts in order to protect himself from damages deriving from the use of the Vehicle.
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CONCLUSION OF THE CONTRACT
The Contract is terminated automatically when the Driver returns the Scooter following the procedures indicated by the App, and in any case:
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returns the scooter to the sharing station;
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concludes the contract via the App;
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make sure the scooter is locked.
If due to poor connection of the Device it is not possible to terminate the Rental Service from the App, the User will have to repeat the operation.
If the User leaves the Scooter without having concluded the Contract and without having blocked the vehicle in the sharing Station, the additional costs will be charged until the Wallet credit runs out and subsequently by the payment method associated with the account.
In the event that the Contract is not concluded due to technical problems with the App, the Driver must inform the GREEN WORLD staff who will provide a solution to the problem. Where costs are charged to the Driver, he has the right to a refund of the amount charged by GREEN WORLD.
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WITHDRAWAL
The User and the Provider have the right to withdraw from the Contract at any time upon notice to the other party (to be provided by email to the email address specified in the article "Communication between the parties" below).
In case of withdrawal, GREEN WORLD reserves the right to:
- suspend the Personal Account and block any further access and use of the Services;
- request the immediate return of any used Vehicle as well as the payment of the price for the use of any Vehicle until the return of the Vehicle.
It is understood that in the event of use of the Service and subsequent Withdrawal by the User, the provisions of point 4.4 apply. regarding the obligation to indemnify GREEN WORLD from and against all fines, penalties, claims, actions, liabilities, losses, expenses, damages and costs (including legal fees) attributable, directly or indirectly to the negligent or abusive use of the Service, to the violation of the provisions of these Conditions, to any false declarations provided with willful misconduct or gross negligence by the User through the App also following the termination of these general conditions and following any cancellation, termination or suspension of the Services.
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CHANGES
GREEN WORLD reserves the right to modify these General Conditions at any time, including the Tariff Plan (Annex A) and the Insurance Policies.
The User will be notified of such changes by means of a notification in the App and/or by email.
The User has 14 days, starting from our notification of the change, to oppose the change, after which we will consider that the change has been accepted by you.
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INTELLECTUAL PROPERTY.
GREEN WORLD makes the Green 23 App available and grants the User a personal, limited, free, non-exclusive, revocable and non-transferable license to download and use the App for the sole purpose of allowing the use of the Rental Service.
The User must use the App only as established in the General Terms and Conditions.
The User is not permitted or permitted to modify, adapt, copy, distribute, reproduce, publish, translate or create derivative works of the App.
All intellectual property rights of GREEN WORLD (such as copyright, trademarks and all content incorporated into the Services) relating to the Services, will always remain the exclusive property of Green 23 and will not be transferred to the User in any way.
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PROCESSING OF PERSONAL DATA
With reference to the processing by the Supplier of the personal data entered in the App, it is understood that they are collected and processed in a manner compliant with the provisions of current legislation within the framework of EU Regulation 2016/679.
GREEN WORLD srl is the Data Controller of the personal data made available in the context of the execution of this agreement in accordance with current legislation and specifies that such data will be processed in accordance with what is reported in which is an integral part of the Contract concluded between the parties .
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GENERAL CLAUSES, LEGISLATION.
The law applicable to the Contract stipulated between the parties is the Italian one.
In the event that the Driver qualifies as a consumer, for any dispute in any case originating from the Contract or connected to or deriving from it, the court of the place of residence or domicile elected by the Customer in the Italian territory will have exclusive jurisdiction.
In all other cases, the Court of Pordenone will have exclusive jurisdiction.
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COMMUNICATIONS BETWEEN THE PARTIES
The User can contact GREEN WORLD Staff by sending an email to support@g23.it or to the telephone number 3384791051.
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MISCELLANEOUS
This Contract constitutes a complete agreement between the Parties with reference to its object and cancels and replaces any other previous agreement, written or oral, which may have occurred between the Parties on the same object.
The circumstance that the Supplier fails on any occasion to assert the rights and faculties granted to it by this Contract and/or by any Annexes, shall in no case be interpreted as a waiver by the Supplier of said rights or faculties, nor will it prevent demand full, punctual and rigorous compliance with it at another time.
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SPECIFIC APPROVAL OF THE GENERAL CONDITIONS
This Agreement is entered into voluntarily. The Driver acknowledges that he has read the General Conditions of Contract, that he has understood the terms and consequences of these General Conditions and that he is fully aware of the legal and binding effect of this Contract.
The Driver declares, pursuant to and for the purposes of art. 1341 of the Civil Code to fully accept and specifically approve the clauses provided for by art. 1.1 (App Registration), 1.2. (Account Creation.) 1.3. (Fidelity of the information provided), 2.1. (Service in general), 2.2. (Driver), 2.3. (Driver requirements [a. Skills. b. Age limits.]), 2.4. (Operation of the Service with a Mobile Device.), 2.5. (Properties of the Scooter.), 2.6. (Electric scooter), 2.7. (Prohibition to recharge the Electric Scooter), 2.10 (Prohibited Acts), 2.12 (Pre-established route), 2.13 (Allowed speeds.), 2.14 (Weight limitation.), 2.15 (Checking the Scooter and reporting damage.), 2.16. (Conduct to adopt in case of accidents.), 2.17 (Geolocation), 3.2. (Credit Card or Debit Card.) 3.3. (Wallet) 3.4 (Collection Fee), 4.1 (Responsibility of the Driver.), 4.2. (Liability for damage to Products.) 4.3. (Lost Vehicles.) 4.4. (Fines. Compensation.), 4.5. (Responsibility of Green 23.), 5.1. (Safety. Use of helmet), 5.2. (Additional security measures). 5.3. (Personal Account Security.), 6. (Insurance), 7 (Conclusion of Contract), 8 (Withdrawal), 9 (Amendments), 10 (Intellectual Property), 12 (General Clauses, Legislation), 14 (Miscellaneous) .
ANNEX A - Tariff Plan
Rates applied by GREEN WORLD:
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Unlock fee: Open the app, select the scooter and find out the price. The price varies according to the city.
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Rate per minute: Open the app, select the scooter and find out the price. The price varies according to the city.
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Default Wallet top-up: € 5 -10 - 20.00
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Daily pass €11.90
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Weekly pass €19.90
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Monthly subscription €24.90
Penalties:
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Danneggiamento Monopattino: € da 30,00 a 800,00 _cc781905- 5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b -136bad5cf58d_
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Parking outside the permitted areas €5.00
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parking within the area in a inadequate position € 3.00
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Withdrawal intervention: € from 100.00 to 150.00
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Theft/Loss of the Scooter €800.00
The rate plan is subject to changes and updates at the discretion of the Service Provider. The changes will be communicated to Users before their entry into force on the basis of the provisions of point 9 of the General Contract Conditions.