General Terms and Conditions
for the use of "Gloogs Mobility" (app and vehicles)
The following General Terms and Conditions (hereinafter referred to as "GTC") constitute the final legal provisions for the use of "Gloogs Mobility". Gloogs Mobility consists of an app and the vehicles that can be rented through it (hereinafter collectively referred to as our "Services").
All contracts for our Services with customers are concluded solely on the basis of these GTC. The GTC become an integral part of the contract. Any modification of these GTC is only possible on the basis of an individual agreement with Gloogs Mobility, which must be documented in writing. The version of our GTCS valid at the time of conclusion of the contract shall always apply. Our GTCS are always available at www.gloogs.com/mobility.
- Contractual parties, content of the service:
1.1. Lessor of the service offered: Gloogs Marketing SL, represented by Managing Director Oliver Kramer, Calle Llaut, 23, Centro Comercial Riu Center, Local B, 07610, Palma de Mallorca, SPAIN. You can find more information about us on our website www.gloogs.com/mobility.
1.2. Client: Natural or legal person who is at least 18 years of age, who has completed the registration process, has accepted these General Terms and Conditions and who subscribes to the service provided by Gloogs Mobility.
1.3 The object of the service we offer is the rental of electrically propelled scooters, including equipment and accessories such as battery, key, anti-theft device, etc. (hereinafter referred to as "vehicle"), against payment to the customer.
1.4 The use of our services requires that the customer is of legal age, i.e. at least 18 years old, and has full legal capacity. Furthermore, he/she must be physically able to use the vehicle and be familiar with the operation of the vehicle, the rules of participation in road traffic, the meaning of road signs and, in particular, the rules of the road and the use of the vehicle offered that are in force at the time of hiring. By accepting these general terms and conditions, the customer acknowledges that he/she understands the above. Acceptance of our GTC is a prerequisite for the use of our services. If the customer does not agree to these GTC, he/she may not use our services.
- Registration, scope of services and provision of services
2.1 In order to use our services, you must install our application and create a user account in the application (account). The application will guide you step by step through the registration process. We do not charge any fees for the use of the application. As Gloogs Mobility is not the manufacturer of the app, we cannot guarantee the compatibility of the app with all end devices or operating systems. The use of the application requires a sufficient internet connection.
2.2 The customer is obliged to provide correct and truthful information when creating his account. Incorrect or deliberately false information will result in not being allowed to use our services. Only one account may be created and used per person. The account must also be used personally. You may use the application and your account on as many end devices as you wish, but you may not pass on your access data or your account to third parties. The customer is responsible for any misuse. If you suspect that your account is being or could be misused without your knowledge, e.g. because you have lost the end device on which the account is set up or your access data is stored, or because it has been stolen, you must inform us immediately by telephone or in writing (hotline or email).
2.3 Your account is only effective (legally) when we have activated it. You must ensure that your personal data stored in the account, such as your address, e-mail address, credit card details or other payment information, is always up to date. If this data changes, you are obliged to inform us immediately at least in text form (e-mail, letter, etc.). Data that is not up to date may cause us to (temporarily) block your use of our services.
2.4 The app will help you find a free vehicle. Through the app, free vehicles and their exact location are displayed and can be rented, used and deactivated. Due to the limited number of our vehicles, we cannot guarantee that a free vehicle can be found for every customer at all times. Therefore, we offer contracts subject to the availability of our services. We also reserve the right to restrict or completely exclude the use of motor vehicles.
2.5 In addition, we may, but are not obliged, to offer the option to reserve a Vehicle. If we offer the option to reserve a Vehicle, the reservation is only valid for 15 minutes from the time the reservation is made. If it is not rented by the person who made the reservation within this time, the reservation will expire and the vehicle will be released again to be rented by another customer. In the case of a vehicle reservation, we are also only obliged to endeavour to have a vehicle ready for the customer at the time of booking. The customer does not acquire a legal right to the actual receipt of a vehicle through a reservation.
- Area of use of the vehicles
3.1 The use of our vehicles is restricted to certain geographical areas of Mallorca. A detailed overview of the permitted area of use and our service points can be found at www.gloogs.com/mobility.
3.2 The customer may not leave the area of use. If he nevertheless leaves it, our system will detect this using GPS data. Our system will automatically reduce the electric drive of the vehicle so that it is only possible to continue driving at a speed of approximately 5 kilometres per hour. This measure serves as a warning to the customer that he is outside the permitted area of use and is to be understood as a binding request to return to the area of use immediately. This service limitation is automatically cancelled as soon as our system registers that the customer is back in the area of use.
3.3 The termination of the use of the vehicle and thus the cancellation and termination of the short-term rental can only take place in the area of use at one of our service points.
- Termination of the contract
4.1 The supply of a Vehicle to the Customer shall take place on the basis of an individual short-term rental contract. We are not obliged to conclude a contract with each Customer in each case. The Customer may only enter into and keep active one individual rental contract with us at a time and may therefore only use one Vehicle at a time.
4.2 The possibility of renting a Vehicle opened up to the Customer by the App does not yet constitute a binding offer by us to conclude a rental contract, but is only to be understood as an invitation to the Customer to make his own offer to us to conclude a short-term rental contract. If the customer rents or activates a vehicle in our app, this constitutes his legally binding offer to conclude the short-term rental contract. Acceptance of this offer by us is effected by the activation of the vehicle for use by the customer.
4.3 The rental and/or use of a vehicle is prohibited for the Customer if
- the Customer has a blood alcohol level of more than 0.5 g/l or 0.25 mg/l in exhaled air or is under the influence of other drugs, narcotics or psychotropic substances, or suffers from a mental illness that prevents him/her from driving;
- the vehicle is obviously not roadworthy or, in the case of visible damage and defects, our technical hotline cannot be contacted, or
- the customer is not wearing a helmet and high-visibility waistcoat when driving, or is driving with headphones or using mobile phone devices.
If the customer violates one of these rules or other rules that are mandatory under applicable law, we are entitled to terminate the respective individual rental contract or, in the event of repeated violations, the customer's authorisation to use the app in advance. Furthermore, we reserve the right to claim compensation from the customer for damages suffered by us due to the violation of the above prohibitions.
- Period of use and return of the vehicle
5.1 The period of use relevant for invoicing begins with the activation of the vehicle for the customer after completion of the individual rental contract.
5.2 The customer is obliged to return the vehicle to us at the end of its use (clause 5.4) in an orderly manner and including all supplied vehicle equipment (e.g. battery). The return must always take place at one of our service points. The customer is free to decide which service point to choose.
5.3 In the event of improper return, we will claim against the customer for any resulting damage (e.g. parking fines or costs for finding and re-parking the vehicle). If the customer parks the vehicle in areas that are not public or not freely accessible (e.g. a private area), we reserve the right to charge a flat rate in accordance with our cost summary valid at the time of conclusion of the respective individual rental contract, unless the customer proves that no or only minor damage has actually occurred. If it is proven that damage has occurred in excess of the flat rate, we shall also be entitled to claim damages in excess of the flat rate from the customer. The price list valid at the time of conclusion of the individual rental contract is available on our website at www.gloogs.com/mobility and shall form part of the individual rental contract.
5.4 The period of use, and thus also the individual rental contract, will end when the following conditions are met:
- the customer has parked the vehicle at one of our service points;
- a mobile phone connection can be established for him/her at the parking place;
- the customer has pressed the command in the app to end the rental/use;
- the customer has received confirmation of the termination of the individual rental contract via the App.
It is the customer's responsibility to ensure that he/she completes the trip in accordance with the above rules. If he does not comply with these requirements, the period of use may continue and the customer is obliged to pay the agreed rate for the additional rental period, unless he can prove that he is not at fault for the improper termination of the short-term rental (e.g. because he had an accident through no fault of his own).
- Obligations of the Customer
6.1 The Customer must carry out a basic safety check by visual inspection before using a vehicle. He must also check that the brakes are working before setting off. If the Customer discovers conspicuous elements, such as visible damage to the tyres, lighting, chassis, battery or other unusual or excessive wear or obvious damage which, in his opinion, impairs or nullifies the road safety of the vehicle, he must report this and shall not be allowed to use the vehicle. Visible damage and defects which do not affect road safety must be reported prior to the start of the journey to our staff or by App, telephone or in writing. In the absence of such notification, the motor vehicle shall be deemed to be visually and technically flawless and the question posed in the App, if any, as to whether the motor vehicle is technically in order shall be deemed to be answered in the affirmative.
6.2 Due to legal requirements, the Customer must always wear a helmet and a high-visibility waistcoat when using the vehicle. We provide both to the Customer with the rental of a Vehicle at one of our Service Points. The Customer is entitled to refuse the helmet and/or high visibility waistcoat provided by us and to use their own helmet and/or waistcoat instead. However, he shall then confirm to us that we have offered him the provision of the helmet and high visibility waistcoat.
6.3 When using the vehicle, the Customer shall also, in other respects, always comply with traffic regulations and ensure proper driving. He shall be responsible for adapting his driving behaviour to external circumstances and for assessing his general condition, performance, state of health, time and weather conditions and/or other factors that may pose a risk to the use of the Vehicle. The decision to use the Vehicle in the particular weather and traffic conditions or other factors shall be made by the Customer. The Customer must always adapt his driving behaviour to the respective conditions.
6.4 The Customer is fully and solely liable for all legal infringements committed in connection with the use of the Vehicle. The customer shall be liable and indemnify us for any fines and/or warnings, fees, costs, legal costs and other expenses incurred by us as a result of his misconduct. In order to protect our interests in this respect, we are entitled to provide the competent authority with information on the customer's personal data upon request, if at the time of the offence an individual rental contract for the motor vehicle in question existed with the customer.
6.5 The customer shall treat the vehicle with care and consideration. He may not carry out any modifications or interventions on the vehicle's technology. He may not charge or replace the battery himself. He shall also refrain from changing the external appearance of the vehicle in any way.
6.6 The battery charge level of the vehicle is displayed both on the app and on the vehicle itself. It is up to the customer to choose a vehicle that has a sufficient charge level for the intended use of the vehicle. The discharge rate of the battery depends on several factors, such as the age of the battery and the number of charge cycles already completed, the outside temperature, the intensity of use of the vehicle (driving speed and terrain travelled) and other circumstances beyond our control. Therefore, it is not possible to predict with certainty, based on the state of charge alone, how far and/or how long the battery will last. Therefore, when in doubt, always choose a vehicle with as high a charge level as possible. If you are not sure whether the battery charge is still sufficient for your intended use, you should refrain from renting the vehicle. If you are unable to continue a journey with the vehicle because the battery is empty, we will only be liable if you can prove that you are not at fault in this regard (e.g. because there was an incorrect battery level indication both in the app and in the vehicle). Otherwise, you must return the vehicle to one of our service points at your own expense or have it transported back to us, for which, however, re-arrangement costs will be incurred according to our price list (www.gloogs.com/mobility), which must be borne by you.
6.7 The customer may only use the vehicle himself. He may not allow a third party to drive it or take anyone else with him, nor may he sublet it.
6.8 The customer is obliged to inform us at all times of the exact location of the vehicle and to allow us to inspect the vehicle on request.
6.9 If the customer leaves the area of use of the vehicle permitted by these GTC during his journey, this does not release him from his obligations under these GTC. In particular, he must return the vehicle to us in good time before the battery is discharged in accordance with clauses 5.2 and 5.4 and terminate the use of the vehicle.
6.10 In the event of defects in the vehicle during use or other faults that restrict the contractual use, the customer is obliged to inform us immediately by telephone or in text form (e-mail). The same applies if the vehicle has been stolen, towed or damaged by the customer himself or by third parties.
6.11 The Customer may not use the vehicle to transport objects or substances which, due to their nature, size, shape or weight, may endanger road or driving safety.
6.12 The Customer may not use the vehicle for activities that go beyond its intended use. In particular, the use of the vehicle for racing, stunts, tricks or for committing or participating in crimes is prohibited.
6.13 Failure to comply with any of the obligations set out in this section shall entitle us to terminate the individual rental agreement early or, in the event of a repeat offence, the right to use the App. In addition, we reserve the right to claim compensation from the customer for damages suffered by us as a result of a breach of these obligations.
- Behaviour in the event of accidents, damage or theft
7.1 In the event of a suspected or clearly recognised theft of the vehicle, accident, destruction or other damage to the vehicle, the customer is obliged to immediately call the police and report the incident by informing or properly identifying the perpetrators of the incident, or by pointing out their features or characteristics for identification; he must also report the existence of possible injured parties or if damage has been caused to the property of third parties (the vehicle rented by the customer from us is not considered to be the property of third parties in this context). If requested and in accordance with local law, you must provide us with all documents issued by the police and cooperate with us and our insurance company. If the police refuse to record what happened, the customer must obtain evidence (sketches, witnesses, photographs, etc.) within his possibilities and what is reasonable for him and in compliance with the applicable law (in particular data protection: in the case of photographic exceptions, only things and places must be photographed, but not persons).
7.2 In addition to clause 7.1, the customer is obliged to inform us of the incident by telephone or in text form, stating all relevant details (time of the incident, location, description of the facts, naming of evidence, etc.). This also applies in the event that the customer has lost the vehicle without it having been stolen (e.g. by forgetting where it was parked). Our notification by the customer must take place again immediately; however, only after the customer has taken the measures mentioned in clause 7.1. The customer must co-ordinate with us the subsequent course of action and act in accordance with our instructions, insofar as this is reasonable for him. This applies irrespective of whether the customer is responsible or at fault for the incident or not.
7.3 In the event of an accident, the customer may only leave the scene of the accident once the police have recorded the accident, the vehicle is still roadworthy and the customer is physically and mentally able to drive the vehicle. In case of doubt, the customer must consult us for permission to continue the journey. The customer's other obligations under applicable law, in particular road traffic law or administrative or criminal law, shall remain in force.
7.4 If the customer fails to comply with the obligations under 7.1 to 7.3, this may result in the insurer not settling the claim. In such a case, we reserve the right to claim against the customer for any damage we may suffer as a result.
7.5 In the event of theft, accident, destruction or such extensive damage to the vehicle that further driving is not possible or legally permissible, the individual rental contract shall only be terminated upon termination of use in the App as described in section 5.4. The customer's obligation to return the vehicle to one of our service points is then replaced by the customer's obligation according to clause 7.1 to report the incident to us. If the customer is responsible for the incident, cessation of use on the App may only take place after the customer has informed us of the incident in accordance with clause 7.1. If the customer is physically or mentally unable to terminate use of the App due to the incident, the period of use will end at the actual time ascertained or, if not known, at the presumed time of occurrence of the incident.
7.6 In the event of an accident or other harmful event in connection with the Vehicle, the Customer may not make any assumption of liability or similar declaration. If the Customer nevertheless makes a declaration of liability, this shall only apply to the Customer himself. Neither we nor our insurer are bound by this undertaking.
7.7 If the customer is responsible for an accident with the vehicle, he is generally only liable for damage sustained within the scope of his excess (see section 10.). Excluded from this limitation of liability are expenses incurred or incurred by us as a result of the claim and which are not covered or assumed by the insurance.
7.8 A Vehicle used by the Customer may be considered lost or stolen if:
- the GPS unit in the Vehicle has been deliberately disabled;
- we have reason to believe, based on the fact that the Vehicle is moved after the Customer has stopped using it and before it is reactivated by a new rental transaction, that such movement was not caused by another user or an authorised third party; or other facts and circumstances justify our reasonable belief that a Vehicle has been lost or stolen.
If we reasonably believe that a Vehicle has been lost or stolen, we may take all appropriate steps to recover the Vehicle. If we are unsuccessful in recovering the Vehicle and the loss of the Vehicle is due to the fault of the Customer, we may make a claim against the Customer for the loss suffered.
7.9 We shall be entitled to all compensation for damage to the vehicle during use, whether or not caused by the customer. The customer is not entitled to accept such benefits. If such services are nevertheless paid to the customer, the customer shall pass them on to us without being asked to do so.
7.10 Repairs to the vehicles and the choice of the repair shop shall only be organised by us. The customer may not repair the vehicles himself or have them repaired.
- Prices, deposit, invoicing and payment methods
8.1 The use of our application is free of charge. Costs incurred by the customer with his mobile phone or Internet provider for the connection/data transmission when using our application are excluded. We shall not be liable for such costs.
8.2 With each individual rental contract, we block a deposit of EUR 50.00 on the customer's credit card. The deposit guarantees our claims in all cases where damage occurs for which the customer is responsible and which is not covered by our insurance or other third parties. The deposit also guarantees our right to remuneration for services rendered to the customer in the event that they cannot be charged to the customer.
8.3 We charge fees for the use of the vehicles according to the duration of use. The period of use is charged per minute or part thereof. It starts with the conclusion of the individual rental contract and the subsequent activation of the vehicle and ends with the completion of the usage process via the App, as regulated in section 5.
8.4 The amount of the respective usage fee results from our price list valid at the time of conclusion of an individual rental contract, which can be viewed at www.gloogs.com/mobility. Price information which deviates from this, and which is loaded, for example, from intermediate storage devices such as the browser cache, is not binding. All prices quoted are gross final prices in Euros and include the statutory value added tax applicable in Spain.
8.5 We also offer the customer the option of purchasing credit packages, which then act as credit towards the usage fees. The costs of the credits are also listed on www.gloogs.com/mobility and can be viewed by the customer. Purchased credits give the customer a discount on the usage fee, but expire six months after purchase if they have not been used by then.
8.6 The usage fee shall be due upon termination of use. The customer will receive a statement of account for each usage transaction invoiced within a maximum of 21 days by e-mail to the e-mail address stored by him in his account. We will collect the invoice amount via the payment method requested by the customer (see clause 8.6) as soon as possible after sending the invoice.
8.7 We make the following payment methods available to the customer:
- Credit card
- Apple Pay
- Google Pay
The customer must ensure that his account is sufficiently covered.
By creating an account in our application and each time an individual rental contract is concluded, the customer confirms that he is the account holder for the respective payment method and is authorised to dispose of the account balance.
8.8 If a credit card payment is not accepted or is returned due to a chargeback by the customer or for another reason for which the customer is responsible, we may charge the customer for the additional costs and/or expenses we have incurred as a result, either in the amount actually proven to have been incurred or as a lump sum in accordance with our price list valid at the time of the attempted debt collection - available at www.gloogs.com/mobility. If we claim the lump sum, we do not have to prove that we have suffered any damage. If we assert the lump sum, the customer can avoid or reduce the lump sum if he provides proof that we have actually suffered no damage or only minor damage.
8.9 We may assign claims for payment against the customer to third parties at any time.
- Information for electronic business transactions
9.1 We conclude contracts with customers in English, Spanish or German.
9.2 The text of the contract is deposited by us after signing the contract. However, you can view an overview of your use of our vehicles in the app.
10.1 Each of our vehicles is covered by a liability insurance with at least the compulsory legal coverage.
10.2 Damage caused by the customer within the framework of an individual rental contract shall be covered by the company's insurance if the damage or the claim resulting in such damage is covered by the insurance policy taken out by us. The customer shall be fully liable for damages not covered by the insurance. If the insurance does not fully cover the damage, the customer shall be liable for the part that exceeds the scope of the insurance. At the customer's request, we shall provide proof of the amount of the damage suffered.
10.3 The limitation of the customer's liability to the excess according to 10.2 does not apply in the following cases:
- Damage caused intentionally or by gross negligence on the part of the customer;
- Damage caused by non-compliance with the obligations or prohibitions of behaviour regulated in these GTC or by the current legislation on the use and circulation of this type of vehicle;
- Damage caused by improper operation of the vehicle in accordance with the legal regulations governing the circulation of such vehicles, or by driving in areas prohibited for this type of vehicle.
10.4 In the event that the liability described above is not covered by insurance, the customer undertakes to indemnify us against all claims of third parties in connection with the harmful event caused by the customer. The indemnification also includes the necessary or accrued costs of administrative or legal actions or claims. However, if we receive compensation payments from third parties in connection with the harmful event (e.g. from an insurance company), these shall be offset against the customer's indemnification obligation.
11.1 In the case of contracts based on these GTC, we shall be liable for those acts that cause damage or injury, or that are considered a breach of contract when there is intent (wilful misconduct), or fault due to a lack of due diligence in the performance of our obligations.
11.2 Any other liability for damages, in the absence of wilful intent or fault on the part of the company, as well as those caused by force majeure, acts of God or unforeseeable events beyond the company's control, is excluded.
11.3 In the event of shared fault between the Tour Operator and the customer, the customer shall bear the consequences of his own fault in the proportion that is declared and shall be liable to pay compensation for his own share. In the event of joint and several fault, which has therefore been paid in full by the Tour Operator, the Tour Operator is entitled to assert a claim for reimbursement against the customer.
11.4 Insofar as not regulated in these GTC, the customer shall be liable for his actions or conduct for which he is administratively (e.g. imposition of fines) or judicially liable in accordance with legal provisions.
- Assignment of rights
12.1 We shall be entitled to assign to third parties all obligations and rights to which we are entitled under a contract based on these GTC. We shall ensure that the customer does not suffer any unjustified loss as a result. However, the customer may only transfer the rights and obligations arising from this contract to third parties with our prior written consent.
12.2 Furthermore, we are entitled to have all contractual obligations fulfilled by third parties on our behalf. In this case, however, we shall continue to ensure the proper fulfilment of our contractual obligations to the customer as the contracting party and the customer shall accept the service provided as our service.
- Modification of the GTC
We reserve the right to amend these GTC if necessary. We will inform our customers of such changes to the terms and conditions in good time - at least four weeks before they come into effect - by e-mail. Customers have the right to object to the amended GTC within four weeks of notification of the intended change. We will inform the customer of the possibility of objection and the consequences of silence in the e-mail with which we inform the customer of the impending change to the General Terms and Conditions. Furthermore, the customer may discontinue the use of our services at any time and we may also discontinue offering our services to the customer in whole or in part at any time. However, such interruption shall only be effective if a service provision that is still in progress has been terminated.
- Final provisions
14.1 Subsequent additions or amendments to the originally concluded agreements must always be made in writing. Verbal waiver of the written form is prohibited and shall be deemed not to have been made.
14.2 The contracting parties agree, with regard to all legal relationships arising from this contractual relationship, that Spanish law shall be applicable.
14.2 These General Terms and Conditions shall be governed by and construed in accordance with Spanish law.
For any controversy, dispute, discrepancy, question or claim arising from or related to these General Terms and Conditions, including any question relating to their existence, validity, execution or termination, the parties, waiving any other jurisdiction that may correspond to them, expressly submit to the jurisdiction and competence of the Courts and Tribunals of the judicial district of Palma de Mallorca.
14.3 Should any provision of these GTC be invalid under current law, this shall not affect the remaining provisions in accordance with the principle of the retention of valid contractual clauses. The parties undertake to replace the invalid provision with another provision of similar contractual content and in accordance with the spirit and purpose of the excluded provision.