CONTRACT TO JOIN THE COMPANY'S SERVICES - PRIVATE AND BUSINESS SUBSCRIPTIONS:
1. The Subscriber, according to his details which appear at the end of this contract.
2. GOTO GLOBAL MOBILITY Ltd.., (formerly Car2Go Ltd.), P.C. 514145036, 20 Lincoln St., Tel Aviv.
Tel: *8255Fax:03-5220523, email: email@example.com (hereinafter, the “Company”)
1.1. The introduction to this contract and its appendices constitute integral parts of it and of the terms and their fulfillment.
1.2. The contract headings, including the subheadings, have been included for purposes of convenience only and should not be used for interpretation and/or understanding of this contract and/or to determine the intentions of the parties with regard to the contract.
1.3. Words used in the contractual documents in the singular, where the context so permits, shall be deemed to include the plural and vice versa, and any masculine designations shall apply to any gender as one and vice versa and any reference to a person addresses any corporation or any other legal entity, as well.
1.4. The following terms that appear in the contract will be granted the interpretation and/or meaning as set forth beside them, as detailed hereinafter, unless the context shall otherwise require:
1.4.1. Contractual Documents: this contract, including its Appendices, as detailed under Section 2 below.
1.4.2. Subscriber: The applicant whose information appears at the bottom of this contract and/or in the subscription request form, whose eligibility to receive the services was approved by the Company.
1.4.3. Subscription Card: Means of access, whether by using a smart card, via cellular application or using any other means provided and registered under the Subscriber’s name permitting the Subscriber to utilize the service.
1.4.4. The bicycle: The Company's bicycle, which is used by the bicycle sharing system intended for use by Subscribers.
1.4.5. Vehicle: A vehicle from the car sharing service that is intended for use by the Subscriber.
1.4.6. Vehicles: The vehicle, the bicycle and any other means of transportation that the Company provides to its Subscribers for shared-rental under this contract, including a scooter/scooter, electric bicycle, etc.
1.4.7. Round Trip Car Sharing Model: A vehicle from the fleet labeled with a red wave and intended for round-trip rides (meaning return of the vehicle to the same dedicated parking space from which it was taken by the Subscriber).
1.4.8. Single direction model: Vehicles from the fleet marked in the application as intended for single-direction trips, from point A to point B (meaning the vehicles are taken from dedicated parking spaces and returned to dedicated parking spaces within the Subscriber’s desired area, as indicated in the application).
1.4.9. Website: The Company's website (including the mobile site) the address of which is: https://gotoglobal.com/he/goto-israel , or as it may be changed from time to time.
1.4.10. Mobile Application: the Company’s mobile application used for the car sharing service, which may be changed from time to time.
1.4.11. User Guide: A guide intended for Subscribers which sets forth the Subscriber’s commitments regarding usage of the vehicles used by the Subscriber (whether for round-trips or single-direction trips) and as subject to the provisions set forth within this contract, as may be updated from time to time by the Company. The most updated terms of the User Guides (How2Go Guides) are published on the Company’s website.
1.4.12. Service Plan: One of the service plans, as they may be, which may be updated from time to time and will be detailed on the website.
1.4.13. Vehicle Rental Service: Refers to the Company or any vehicle rental company with whom the Company works for the purpose of providing services as set forth within this contract.
1.4.14. Additional Driver: Refers to a driver that the Subscriber requested be added to the subscription for the purpose of utilizing the services provided under the terms of this contract, whose information will be provided to the Company by the Subscriber and authorized by the Company. Up to two additional drivers can be added to a personal subscription in addition to the driver who owns the subscription. The additional driver must be a first degree relative of the Subscriber. In the event that the additional driver is the significant other of the Subscriber but they are not legally married, they must provide a document proving their status of Common-Law union and/or proof of shared residence. There is no limit to the number of drivers permitted on a single Business subscription as long as all drivers are employees of that Company.
1.4.15. Car Rental Period: The period that begins with the unlocking of the vehicle (using the smartcard to open the vehicle via the contact interface on the car or using the mobile application) (“initiation of car rental period”) and the completion of the trip when the vehicle is returned to its dedicated parking space as subject to the trip model to which the car belongs, either upon a) locking of the vehicle and release of the vehicle for use by other subscribers by pressing the release button in the mobile app and/or the “end trip” button located within the vehicle (either by placing the smartcard on the car’s contact interface or using the mobile application) or b) at the end time established by the Subscriber when the reservation was made (“vehicle reservation end time”), whichever applies. It is hereby noted that the period for which the Subscriber pays for the car reservation is calculated according to the terms of this contract and separately and distinctly from the vehicle rental period. With the exception of the single-direction trip, in the event that the vehicle is returned after the reservation period set by the Subscriber and without an extension, the Subscriber will be charged a vehicle return delay fee as detailed in Appendix A, attached to this contract.
1.4.16. The Service/Services: (1) The car sharing service which will essentially allow Subscribers to rent vehicles, for varying periods of time, from any permitted parking space, and subsequently return them to the reserved parking space (as defined below) in the area where the car sharing service operates (as defined below). (2) The bicycle sharing system service which will mainly allow the rental of mechanical or electric bicycles to the Subscriber, for varying periods of time, and (3) the service of other vehicle sharing systems (i.e., non-vehicles and bicycles) which will mainly allow the rental of such vehicles per subscriber, for varying periods. The Company cannot ensure the availability of parking spaces and/or vehicles, and cannot commit to the availability of a specific type of vehicle and/or a specific available window of time. The services also include the application, the website, and the Company's services in connection with the abovementioned.
1.4.17. System: A computerized system, which, by using a subscription card, records, among other things, the usage time by the Subscriber, the distance travelled, the location and any additional relevant data regarding the usage of the vehicle by the Subscriber and this documentation will be used to calculate the vehicle usage fees charged to the Subscriber, subject to the service plan to which he is been subscribed.
1.5. Subscriber eligibility to receive the Services (as defined in this contract) is subject, among other things, to his meeting the conditions detailed in this contract. The Subscriber is required to read the conditions detailed herein carefully, as they serve as a binding contract between the Subscriber and the Company.
1.6. In the event that the Company deviates from the provisions in this contract in one or more instances, at their own discretion, this shall not serve as a binding precedent in any way and this will not require that the Company to operate in the same manner in any other instance.
1.7. The computer records of the Company regarding the services and/or concerning the activities carried out via the website and/or the cellular application and/or the system and/or in the vehicle computer /will constitute conclusive evidence regarding the correctness of the activities and the details of the activities.
1.8. In all matters related to website links (hereinafter: “Links”) to other websites that appear on the Website, the Company is not responsible for the content of those sites, the information published on those sites or any other detail related to them.
All of the appendices detailed hereinafter serve as an inseparable part of this contract, whether or not they are attached to it:
2.1. Appendix A- Appendix of the service routes, costs and related services (as published on the website, and as will be updated by the Company from time to time, at its sole discretion);
2.2. Appendix B: The User Guide (as published on the Website, and which will be updated from time to time) according to the service model and the type of vehicle that the Subscriber uses, whether it may be a gas-fueled vehicle a mechanical bicycle, an electric bicycle, or an scooter, as applicable).
2.3. Appendix C - Vehicle inspection form that should be submitted/completed before starting a trip (in the application and/or at the vehicle, and if no other choice, with the approval of the service center).
2.4. Appendix D: Declaration for Foreign Drivers (on the Website).
3. The purpose of the contract and the service tracks
3.1. This contract constitutes a Subscription contract for the service, i.e., rental of vehicles by hours and / or minutes and / or seconds, offered by the Company, through it or through the renter of the vehicle, by which the Company will allow Subscribers to rent vehicles, subject to availability, for pre-determined periods of time.
3.2. This contract shall apply, mutatis mutandis, and unless otherwise expressly provided in this contract, to any future service offered by the Company.
3.3. The rental period will commence at the parking spot, or at the location of the vehicles, as selected by the Subscriber in advance through the system.
3.4. The termination of the trip and the return of the vehicle will be in the same parking space, or other designated parking spaces, depending on the type of vehicle and model of use the Subscriber has chosen (each of them: "Parking is allowed"). The termination of the trip by bicycle and / or other vehicles (other than cars) will be anywhere where there is no prohibition on parking said vehicle, subject to what is stated in this contract, and in particular in Chapter B, regarding electric bicycle rental.
3.5. In return for the services, the Subscriber will pay the amounts as stated in Section 6, and subject to what is stated in this contract and its appendices.
3.6. For vehicles, the service track selected by the Subscriber is as specified in Appendix A. The Subscriber may switch tracks from time to time, selecting one of the service tracks listed on the website, provided that the selected track is open to new registrations. The Company is entitled to update its service tracks from time to time at its sole discretion, by prior notice, as stated in Section 2.1.
3.7. It has been clarified that the possibility of renting the vehicles is subject to their availability. The Company will do its utmost to provide a reliable service and ensure the availability of the vehicles, but sometimes it will not be possible to operate the service in full or in part, for reasons beyond the Company's control.
4. Contract Length
4.1. The term of this contract is as specified in the Appendix to the service route, costs and related services (Appendix A). At the end of every contract period, the subscription will be renewed and the contract will be extended automatically for an identical period of time, unless the Subscriber informs the Company of his or her desire to end the contract and/or freeze the Subscription according to Section 15.11.
4.2. The Subscriber can terminate the contract before the termas stated in the contract under Section 4.1 by sending a notice requesting termination that includes the Subscriber’s name, ID number / PC (Private Company) number, as well as (where applicable) the last four digits of the Subscriber’s credit card with which he has paid for the subscription, and said notice may be submitted using one of the following channels, as determined by the Subscriber (“Notice of Termination”):
4.2.1. Orally – By telephone or in person at the Company’s offices, the details of which appear above.
4.2.2. In writing - on the website as well as by registered mail, by e-mail, according to the Company details that appear on the Company's website.
4.3. Termination of the contract will become effective three (3) business days after receipt of the notice of termination at the Company’s office, and if submitted via registered mail – six (6) business days after submitting the notice, as long as the Subscriber did not specify a later date for cancellation (hereinafter “the cancellation date”). It is hereby clarified that the termination of this contract shall not apply to the services provided prior to the date of termination.
4.4. The Company reserves the right to terminate the contract with a Subscriber outlined in this contract at any time and with no advanced warning.
4.5. Upon termination of this contract, for any reason, the Subscriber must return the smart card to the Company.
5. Refund of Payments Due to Termination of Service
5.1. According to the provisions set forth in Appendix A (Service Plan, Costs and Associated Services), the subscriber will not be eligible for refunds, all as subject to the conditions of the service plan to which the Subscriber belongs.
6. Exchange of Services, Associated Services and Method of Payment
6.1. The agreed-upon compensation for the services and associated services, as they may be defined in Appendix A of this contract, will be set forth in Appendix A.
6.2. All of the prices appear in this contract and its Appendices, include VAT unless otherwise indicated.
Chapter A - Special instructions for the vehicle sharing service
7. Reservations, Changing and Cancelling Vehicle Reservations
7.1. The Subscriber or the additional driver may order the service at any time, by means provided by the Company for the purpose of making such an order, and in the manner specified at Section 7.2 below.
7.2. Vehicle Reservation:
7.2.1. To use the vehicles reserved for round trips, orders must be place through the mobile application or by contacting the Company’s customer service representatives via telephone; however, the Company reserves the right to add and/or detract the manner of making reservations from time to time, and will update Subscribers using the application and/or the internet website and/or in a notice sent to Subscribers.
7.2.2. In order to reserve vehicles that are used for single-direction trips, the reservation must be made via the application or by contacting the Company’s customer service representatives via telephone and will be authorized subject to vehicle availability in a given location at that particular time. In this model, vehicles may be reserved in a particular parking space for a period of 15 minutes and failure to reach the car within that window will result in automatic cancellation of the reservation and all that it entails. Reservation of a vehicle for an additional 15 minute period is option, however requires an additional fee as determined in Appendix A attached to this contract. Upon completion of the trip, the Subscriber must park the vehicle in an available dedicated parking spot for this model.
7.3. It is the sole responsibility of the Subscriber to order the vehicle that best suits his/her needs, also with regard to the use of electric vehicles which are limited in their range of travel, with attention to Section 8.10 on its sub-Sections, and the Subscriber waives any claim of non-compatibility of an order.
7.4. Changes to the reservation, shortening of the reservation, prolongation or cancellation, will result in an additional fee as subject to the service plan and model to which the Subscriber and/or reservation belongs, as detailed in Appendix A.
7.5. It is hereby clarified that any changes made by additional drivers under the same subscription, and without derogating from the provisions set forth in this contract, such notice provided by an additional driver will result in a charge to the Subscriber for all intents and purposes.
8. Vehicle Use and Maintenance Terms and Conditions
In any place where the word “Subscriber” appears in Section 8 hereinafter, the term will refer to “the Subscriber and/or an additional driver” and the commitments that appear under Section 8 below will apply to the Subscriber as well as to the additional driver.
8.1. Vehicle usage is permitted only by the Subscriber and in accordance with the terms of this contract.
8.2. The right to use the vehicle is exclusive to the Subscriber and is non-transferable. In addition, the use of the Subscribers’ card is intended for the cardholder only.
8.3. Prior to, and as a condition of using the vehicle, the Subscriber will perform series of tests on the vehicle by using the mobile application, and if the application is not active, by using the test form as attached to the contract as Appendix C . In the event that the Subscriber finds damage to the vehicle, he must report the said damage to the Company prior to using the vehicle, otherwise the subscriber will be considered to have declared that he received the vehicle with no damage.
8.4. In the event that the Subscriber finds damage to the vehicle, he must report any damage found inside or outside the vehicle or caused during the trip to the Company immediately.
8.5. For any damage that is found after returning the vehicle without prior notice, the last Subscriber who used the vehicle will be held liable for the said damage, unless he reported about the condition of the vehicle at the end of the vehicle rental or while the vehicle is under the Subscriber usage, by uploading photos of the vehicle in the app, and as long as the report shows that no damage was caused by him/her8.6. It is absolutely forbidden to use the vehicle in the following manners:
8.6.1. By a person who is not an holder of a valid Israeli driving license during the trip . It is hereby clarified that the use of and/or driving in a vehicle without a valid Israeli driving license as stated above is forbidden, and is not covered by any insurance and/or other coverage. In such a case, any liability for damages for a body injury and/or to any property that night be caused to the Subscriber and/or to the driver and/or to any third party and/or to the Company shall be borne solely by the Subscriber, and if the Subscriber is not the driver - shall borne by the Subscriber and the Driver, mutually and/or separately.
8.6.2. On unpaved roads, off-roads or roads that unsuitable for safe driving.
8.6.3. For transporting passengers for pay and for transporting goods for pay.
8.6.4. For racing and/or speed tests and/or any other competitive sport.
8.6.5. For towing or pushing another vehicle.
8.6.6. For transporting explosive materials and/or dangerous materials.
8.6.7. For transporting more passengers than are permitted according to the vehicle’s license and /or driver’s license. .
8.6.8. When the Subscriber is under the influence of drugs and/or alcohol and/or medications of any kind and under any dose that might affect his/her level of consciousness.
8.6.9. When the Subscriber has a medical condition or disability that prevents him or her from holding a driver’s license or from operating the vehicle.
8.6.10. For illegal purposes.
8.6.11. For transporting animals and/or putting animals in the vehicle for any other reason unless explicitly stated in the vehicle guidelines, or on the website in which case the Subscriber must operate according to the guidelines set forth on the website. This authorization does not constitute a modification or nullification of the remaining commitments and in these vehicles, if any such exist, it is required to return the vehicle clean, with no hair/fur and with no odors or damage to the vehicle and/or upholstery. For the removal of all doubt, the collision damage waiver insurance does not apply in the event of damage of this kind to the vehicle.
8.6.12. For carrying luggage on the vehicle.
8.7. Vehicle usage is permitted only within the State of Israel and therefore is not permitted in:
8.7.1. Outside of the territory of the State of Israel.
8.7.2. In areas under the control of the Palestinian Authority.
8.7.3. Beyond the Green Line except in Area C and the Golan Heights.
8.8. The operation of the vehicle should be conducted according to the provisions in this contract, including its appendices and the User Guide.
8.9. Filling the gas tank (with the exception of electric vehicles):
8.9.1. The vehicles must be refueled only with gasoline designated in the vehicle handbook.
8.9.2. Vehicle refueling is performed as follows:
188.8.131.52. The vehicle must have at least a quarter of a tank of gas at any given time.
184.108.40.206. When the amount of gas in the gas tank drops below one quarter of a tank, the Subscriber must fill the tank all the way.
220.127.116.11. Return of a vehicle to the Company with less than one quarter of a tank of gas will result in a fine as described in Appendix A.
8.10. Electric vehicles (only regarding electric vehicles):
8.10.1. In some of the designated parking spaces, are installed with electric charging stations.
8.10.2. Company Subscribers who use electrical vehicles are not required to connect the vehicles to the charging stations and charge them at the end of vehicle usage, however in the event that they do, they will be eligible for a credit for future usage of the Company’s services as designated in Appendix A to this contract.
8.10.3. At the end of the trip, (upon receiving of end-of-trip confirmation in the app), the vehicle battery must be charged for at least 15 additional kilometers.
8.10.4. When the vehicle battery charge decreases and gets close to 15 kilometers, the Subscriber must return the vehicle to a designated parking space. In the event that the vehicle is returned with a battery charge of less than 15 km, it will result in an additional fee as detailed in Appendix A.
8.11. At any time that the Subscriber is not using the vehicle, the vehicle must be locked and the ignition must be off and the key must be out of the ignition, the windows must be closed, the mirrors must be folded and the lights must be off.
8.12. The Subscriber and each additional driver undertakes to drive the vehicle carefully as if it was his own vehicle and protect it as if it was theirs , and take all the necessary measures and precautions to protect the vehicle, and making sure to use it carefully and under a reasonable degree of use, in accordance with all laws and in accordance with traffic rules and regulations and only as permitted under the terms of this contract; without derogating from the above, the Subscriber and any other driver hereby undertakes not to cause any damage and/ or breakdown and/or any kind of loss, whether maliciously or through any use that might consider as carelessness or negligence.
Chapter B - Special provisions for the mechanical bicycle sharing system
9. Access to bicycle; locking
9.1. The bike can be located, ordered, released and used only when the Subscriber is connected to an account in the app. The bike is released by scanning the QR code found on the bike.
9.2. The locking of the bicycle and the termination of the ride (and billing) are done manually, by locking the rear wheel and using the application.
9.3. The Company cannot guarantee the availability of bicycles within a reasonable distance.
10.1. The rental time for billing will commence at the moment the bike is released and terminate with the locking of the bike and termination of the ride in the app (in accordance with Section 9.2 above).
10.2. The Subscriber shall be charged for each bicycle ride in accordance with the list of fares and prices listed in Appendix A. Prices are available on the application and on the Company website. The use of a bicycle constitutes consent to prices.
10.3. If the bicycle is lost or stolen during the ride, the Subscriber must notify the police and inform the Company of any police complaint number / file number provided to him by the police. In case of loss or theft of the bicycle, the Company may charge the Subscriber up to the maximum amount stated in Appendix A and on the Company's website.
10.4. If the bicycle is damaged during the ride, the Subscriber must report the damage to the Company as soon as safely possible via the application or by email to firstname.lastname@example.org . In case of loss or theft of the bicycle, the Company may charge the Subscriber up to the maximum amount stated in Appendix A and on the Company's website.
10.5. For any prohibited parking, a charge will apply in accordance with the amounts as published in Appendix A and on the Company's website.
11. Bicyles Use and Maintenance Terms and Conditions
11.1. The Subscriber is personally responsible for the bicycle during the entire trip (from the moment the Subscriber releases the bicycle and until the Subscriber locks it back).
11.2. The Subscriber undertakes to use the bicycle only when fit and able to ride a bicycle and operate it in traffic, and to take all reasonable precautions to protect him/herself, among other things by using a bicycle helmet, protective clothing and reflective gear and any other means according to any law.
11.3. The Subscriber hereby declares that he is fully aware that according to the Road Traffic Ordinance ("Transport Ordinance") 1961-5721, wearing a protective helmet while cycling is mandatory, except for adults (as defined in the Transport Ordinance) who use a bicycle on city roads for an activity which is not primarily a sport activity.
11.4. Adults who are parents, guardians or caregivers of a minor, declare they will not allow the minor to violate the provisions of the Traffic Ordinance, including with respect to wearing a helmet, as stated above, and they declare they are obligated and will be liable for the minor’s liabilities for all intents and purposes.
11.5. In addition, the Subscriber must:
Comply with these terms and all applicable laws and regulations, including the Traffic Ordinance;
11.5.1. Get acquainted with how to operate the bike before starting the ride;
11.5.2. Check before starting the ride that the bike (including the tires, brakes, seat, lights, chassis and bell) is fit for the road and safe;
18.104.22.168. Terminate the ride and the use of the bike immediately, in case there is any technical defect or any other damage to the bike, at the beginning of the ride or at any stage during the ride. All such defects and damages must be reported to the Company through the app at the first opportunity where this is possible in a safe manner;
11.5.3. Ride only on paths and roads designated for cycling, in accordance with applicable laws and regulations;
11.5.4. Obey all traffic signs and traffic laws;
11.5.5. Use bicycles in a careful, reasonable, considerate and responsible manner and drive them like a prudent owner who guards his property, according to any relevant law ;
11.5.6. To maintain the bicycle in a reasonable manner and not cause any damage and/or breakdown whether maliciously, carelessly or negligently ;
11.5.7. Ensure that all goods and objects carried by the bike are fastened and / or secured effectively and at all times; and furthermore;
11.5.8. Lock the bike when not in use.
11.6. The Subscriber must avoid:
11.6.1. Locking or tying the bicycle to an object or property during the ride;
11.6.2. Leaving the bike unattended, even for a short time;
11.6.3. Using the bicycle to operate a courier service or any other business;
11.6.4. Give, lend or sell the bicycle to any other party, or allow any other person to use the bicycle;
11.6.5. Damaging, breaking, destroying or tampering with the bicycle;
11.6.6. Riding a bicycle with more than one person (including the Subscriber / rider himself) at a time;
11.6.7. Adding or attaching accessories or trailers to the bicycle;
11.6.8. From carrying in the bicycle basket, any load that weights over 10 kilograms; an object that exceeds the limits/dimensions of the basket; any animal, child or other person; hazardous, harmful or flammable substances, or any other object that may cause injury to you or harm the bicycle or harm or injure any other person;
11.6.9. Using the bicycle in a manner that causes or may cause injury, harassment, alarm or distress to others;
11.6.10. Using a bicycle in case of strong wind or stormy weather;
11.6.11. Using a bicycle under the influence of drugs or alcohol; and furthermore
11.6.12. Transferring or moving the bicycle or any part of it anywhere by any means other than cycling, in accordance with applicable laws and regulations, regardless of whether the bicycle is locked.
11.7. When parking the bike you must comply with all applicable laws and regulations. The Subscriber undertakes to leave the bicycle in a visible location to passers-by, without causing any disruption or risk to others using the sidewalk. The Subscriber must use the bicycle locking facility or other parking facilities if possible, and fix the bicycle so that it does not fall and / or pose a risk or disturbance. In particular, parking a bicycle is not allowed:
11.7.1. On or next to a road in a dangerous location;
11.7.2. Next to a traffic light or traffic sign;
11.7.3. Next to parking ticket machines or parking meters;
11.7.4. On sidewalks, in such a way that the parking of the bicycle in reduces the width of the sidewalk to less than 1.5m;
11.7.5. In front or next to emergency exits or fire escapes ; and furthermore
11.7.6. At any private space, in a way which prevents free access for other bicycle users.
11.8. In addition to the provisions of Section 11.7, within the jurisdiction of any municipality/local authority that shall establish rules regarding parking spaces for bicycles, in areas whose boundaries are as shown in the app, bicycle parking is permitted only in designated areas (parking in within a frame marked white on the road/sidewalk with the drawing of a bicycle and scooter) and are marked in the application with the letter 'P' (or another marking as will be defined on the app).
11.9. The Subscriber declares and undertakes to comply with all the conditions of Section 11 and its sub-Sections, as well as Appendix B (concerning instructions for use) as will be updated from time to time. To the extent that the Subscriber does not act in accordance with them, for the first violation the Subscriber will receive a warning notice and from the second violation onwards, the Company will be entitled to impose a fine of NIS 100 on the Subscriber, or alternatively remove him from the service (for a limited time or permanently).
Chapter C - Special Provisions for Electric Bicycle Sharing Services
12. Access to electric bicycles; use and end of the trip
12.1. Leasing and using our electric bicycles is only permitted from the age of 18 years old and above, upon holding and presenting a valid Israeli driving license.
12.2. Electric bicycles can be located, ordered, released and used only when the Subscriber is connected to his account on the app. The electric bicycle is released via the Bluetooth of the Subscriber's mobile device while using the app. It is possible that the Subscriber shall reach electric bicycles that are placed in the parking lot but are not opened with the app, due to their being disabled until being repaired by the operation team. In that case, the Subscriber must choose a different pair.
12.3. The electric bicycle deployed at various points around the city, and can be used by scanning the QR code found on the electric bicycle. The process of opening and operating the order will be done via the app.
12.4. One pair of bicycles can be booked on each phone.
12.5. When ordering an electric bicycle, a screen will appear in the app that will clarify certain rules at the beginning of each ride, and the Subscriber will have to confirm them in order to start the ride. The Subscriber undertakes to comply with these rules without detracting from his/her obligation to comply with all applicable traffic laws.
12.6. Some electric bicycles are equipped with a helmet that is connected by a lock to the electric bicycle. Opening the lock to use the helmet will be done via a code obtained in the app or by any other way the Company might choose to release the helmet. The Subscriber is obliged to return and lock the helmet at the end of its use. Failure to lock the helmet and or causing damage to or loss of the helmet, may result in fines or penalty that the Subscriber will be charged as specified in Section 13.
12.7. To complete the ride on the electric bicycle, it is required to perform all the steps listed below:
(A) Parking the electric bicycle at permitted areas (as shown on the application’s map);
(B)Locking of the helmet if the helmet was unlocked and used by the Subscriber at the beginning of the trip;
(C)Taking a picture of the electric bicycle including the helmet if any;
(D) Uploading the image to the app;
(E) When there is a Bluetooth connection to the mobile device for the Subscriber - click on the "End trip" button on the app.
It is hereby clarified that only after performing all the actions as abovementioned on Sections (A) to (D) it will be possible to end the trip using the app, as required on Section (E) above; and as long as all the actions mentioned in Sections (A) to (D) have not been performed it will not be possible to end the trip using the app and the Subscriber will continue to be charged for rental time.
12.8. It is not possible to stop or pause the billing time while using the electric bicycle, before the end of the trip, as required in accordance with all the conditions specified in Section 12.7 above. In the event that the Subscriber leaves the electric bicycle while using it unattended, and for any reason the electric bicycle is damaged, lost or stolen, the warranty and financial charge for any damages or loss will be solely borne by the Subscriber, as detailed below under Section 13.
12.9. The Subscriber must report about any damages to the electric bicycle before starting the trip, by using the app. Any damages to the electric bicycle that were not reported before the trip, will be considered as damage that caused by the Subscriber and the subscriber shall be held responsible for such damages exclusively.
12.10. The Company cannot guarantee the availability of bicycles within a reasonable distance.
12.11. The Subscriber confirms and aware that the maximum speed of the electric bicycle is limited to 25 km/h. In addition, there is also an automatic travel speed limit in different areas as shown on the map. This map with the speed limit areas information can be found on the app. The Company may, but does not undertake, that when entering to such area, the Company might send the Subscriber a notification on the app about this manner.
12.12. The Subscriber confirms that he is aware that the Company holds insured only with third party insurance that does not include the driver.
12.13. The Subscriber confirms that he knows that the Company can reduce the travel speed limit at its own discretion, and even completely cancel the activity of the electric motor when the battery drops below a certain percentage that it estimates will not allow the regular maintenance of the bicycle. the Subscriber declares and undertakes that he will not have any claim with regard to this topic.
13.1. The rental time for billing will start on the app from the moment the electric bicycle is released and will end at termination of the ride on the app subject to performing and the fulfilment ofall the conditions listed above (in accordance with Section 12.7 above).
13.2. The Subscriber shall be charged for each bicycle ride in accordance with the list of fares and prices listed in Appendix A. The charge is for each minute of rental; however, notwithstanding the above, from the minute of launching of the electric bicycle from the rental service until the date determined by the Company at its sole discretion, but no later than 31/12/2021, the calculation will be made for every second of rental of the electric bicycle or part thereof. The prices are available on the app and on the Company's website. the use of the electric bicycle by the Subscriber will be considered as accepting the contract terms and conditions including the fare prices.
13.3. If the bicycle is lost or stolen during the ride, the Subscriber must notify the police and inform the Company of any police complaint number/ file number provided to him/her by the police. In case of loss or theft of the bicycle, the Company may charge the Subscriber up to the maximum amount stated in Appendix A and on the Company's website.
13.4. If the electric bicycle is damaged during the ride, the Subscriber must report the damage to the Company as soon as safely possible via the application or by email to email@example.com . In case of loss or theft of the electric bicycle, the Company may charge the Subscriber up to the maximum amount stated in Appendix A and on the Company's website.
13.5. For prohibited parking, or damage to the helmet, including its loss, a charge will apply in accordance with the amounts published in Appendix A, and on the Company's website.
14. Electric Vehicle Use and Maintenance Terms and Conditions:
14.1. The Subscriber is personally responsible for the bicycle during the entire trip (from the moment the Subscriber releases the bicycle and until the Subscriber locks it back and end the ride).
14.2. The Subscriber undertakes to use the electric bicycle when he/she is fit and able to ride a bicycle and operate it on the roads, and to take all reasonable precautions to protect himself/herself, among others, by using a bicycle helmet , protective and reflective clothing.
14.3. The subscriber hereby declares that he is fully aware that under the Traffic Ordinance, wearing a protective helmet while cycling is mandatory at any age, in any way and for the duration of the journey. The Company does not undertake to provide every pair of electric bicycles with an helmet, and wearing of a suitable helmet before the start of the trip and during all the trip is the full and exclusive responsibility of the Subscriber. The Company will not bear any responsibility if the Subscriber does not wear an helmet as required, including the case when the Subscriber uses an electric bicycle that was not attached to a helmet when he rented it, and including the case the helmet was not closed/fastened as required while traveling, even if there was any defect in the helmet including its straps and that any responsibility for wearing a helmet and its consequences, rests with the Subscriber exclusively.
14.4. It is strictly forbidden to ride an electric bicycle when the rider/driver is under the influence of alcohol and/ or drugs of any kind and type, and in any amount.
14.5. In addition, the Subscriber must:
14.5.1. Comply with these terms and all applicable laws and regulations, including the Traffic Ordinance;
14.5.2. Get acquainted with how to operate the electric bicycle before starting the ride;
22.214.171.124. Check before starting the ride that the electric bicycle,(including the tires, brakes, seat, lights, chassis and bell) is fit for the driving and safe;
126.96.36.199. Terminate the ride and the use of the electric bicycle immediately in case that there is any technical defect or any other damage to the bicycle at the beginning of the ride or at any stage during the ride. All such defects and damages must be reported to the Company through the app at the first opportunity where this is possible in a safe manner;
14.5.3. Ride only on paths and roads designated for electric cycling in accordance with applicable laws and regulations. Without derogating from the previously mentioned, riding on a sidewalk is prohibited. In addition, using a mobile device while riding an electric bicycle is strictly forbidden at any stage;
14.5.4. Obey all traffic signs and traffic laws;
14.5.5. Use the electric bicycle carefully, in a reasonable, considerate and responsible manner and drive it as the same degree of care as you would guard your own property, and in accordance with all the relevant laws ;
14.5.6. To operate the bicycle in a reasonable manner and not cause any damage and/or breakdown whether maliciously, carelessly or negligently ;
14.5.7. Ensure that all goods and objects are carried by the bike are fastened and/or secured effectively and at all times; and furthermore;
14.5.8. End the trip as detailed in Section 12.7 above.
14.6. The Subscriber must avoid:
14.6.1. Locking or tying the electric bicycle to an object or property during the ride;
14.6.2. Leaving the electric bicycle unattended, even for a short period of time;
14.6.3. From using the electric bicycle to operate as courier service or any other business purposes;
14.6.4. From giving, lending or selling the electric bicycle to any other party, or allow any other third party to use the electric bicycle;
14.6.5. From damaging, breaking, destroying or tampering the bicycle;
14.6.6. From riding a bicycle with more than one person (including the Subscriber/the rider himself) at a time;
14.6.7. From adding or attaching accessories or trailers to the electric bicycle;
14.6.8. From carrying in the bicycle basket, a load weighing more than 10 kilograms; an object that exceeds the dimensions of the basket; any animal, child or other person; hazardous, harmful or flammable substances, or any other object that may cause injury to you or harm the bicycle or harm or injure the Subscriber or any other person;
14.6.9. From using the electric bicycle in a manner that causes or may cause injury, harassment, alarm or distress to others;
14.6.10. From using the electric bicycle in case of strong wind or stormy weather conditions;
14.6.11. From transferring or moving the electric bicycle, or any part of it, anywhere by any means other than cycling, in accordance with applicable laws and regulations, regardless of whether the bicycle is locked or not.
14.6.12. From riding the electric bicycle in areas where riding is prohibited, as specified on the Company's websites and/ or on the app; also
14.6.13. To park the electric bicycle in areas where parking is prohibited, as specified on the Company's website/app, including a ban on parking near schools.
14.6.14. From riding an electric bicycle with an Israeli driver license that has been revoked or canceled, or has expired for any reason.
14.7. When parking the electric bicycle, you must comply with all applicable laws and regulations. The Subscriber undertakes to leave the electric bicycle in a location that visible to passers-by, without causing any disruption or risk to others that using the sidewalk. The Subscriber must use the electric bicycle locking facility or other parking facilities, if possible, and place the bicycle so that it does not fall and /or pose a risk or disturbance. In particular, parking bicycles is not allowed:
14.7.1. On or next to a road in a dangerous location;
14.7.2. Next to a traffic light or traffic sign;
14.7.3. Next to parking ticket machines or parking meters;
14.7.4. On sidewalks in such way that parking the electric bicycles will reduce the width of the sidewalk to less than 1.5 meters;
14.7.5. In front or next to emergency exits or fire escapes; and furthermore
14.7.6. In any private place, in a way preventing free access to other electric bicycle users.
14.8. In addition to the provisions of Section 14.6, within the jurisdiction of a municipality/local authority that shall establish rules and regulations regarding parking spaces for electric bicycles, in areas whose boundaries are as shown in the app, electric bicycle parking is permitted only in designated areas (within a frame marked white on the road/sidewalk with the drawing of a bicycle and scooter) and as marked in the application with the letter 'P' (or another marking that will be defined in the app).
14.9. The Subscriber declares and undertakes to comply with all the conditions of Section 14 and its sub-Sections, as well as Appendix B (which concerns the instructions for use) as may be updated from time to time. To the extent that the Subscriber does not act in accordance with these instructions, for the first violation the Subscriber shall receive a warning notice and from the second violation onwards, the Company shall be entitled to impose a fine on the Subscriber as stated in Appendix A, or in the internet, or alternatively remove him/her from the service (for a limited time or permanently).
Chapter D - General Provisions for the Engagement
15. Commitments and Responsibilities
15.1. The Subscriber will be liable for any injury, bodily injury and/or property, to himself and or to the Company and/or to any other third party, including fines or loss due to the use made, or alllowing others to use the vehicle, according to the provisions of this contract, from the moment of opening the vehicle, release of the bicycle, etc., until the end of the trip at an authorized parking space in accordance with the provisions of this contract, including locking the vehicle, as well as in relation to any injury, damage, including fines or loss, caused by parking the vehicle, subject to the provisions of any law.
15.2. The Subscriber shall also bear responsibility for any direct or indirect damage caused to the Company and/or the renter of the vehicle, including, but not limited to, loss of income, vehicle downtime, loss of value, towing, storage, administration and employee costs, and any cost, damages or out-of-pocket loss caused, directly or indirectly by an act or failure of the Subscriber and/or the driver of the vehicle. Without derogating from the abovementioned, in any case where the vehicle was not used according to the provisions of this contract and/or the law, no damage and/or loss, and/or theft caused to the vehicle and/or its parts including coverage purchased by the tenant or included in the rental shall apply, and the renter will be liable solely and exclusively for the full damages caused to the vehicle, its parts and replacements (including due to loss and/or theft), and/or to any third party.
15.3. The use of the services and/or vehicles is the sole responsibility of the Subscriber and for his/her personal use only. To be clear, the Subscriber may not transfer or permit the use of his/her account and/or the vehicle to any third party, except a driver that has been added to the subscription, and as long as he does so (and without allowing such action) the Subscriber and third party will bear full responsibility for any injury and / or damage that has occurred.
15.4. Without derogating from the generality of the aforesaid, the Subscriber will be liable for any loss or damage which will be caused by him intentionally or by his negligence.
15.5. The Subscriber assumes responsibility for any injury, damage or loss incurred due to non-compliance with obligations under this contract and under any law.
15.6. The Company and car rental:
15.6.1. Will not be liable for any damage and/or loss related to the Subscriber’s use of the services and/or vehicles, or his/her reliance on them, or his inability to gain access to the services and/or operate and/or use them, and will not be liable for any other loss related to the Subscriber's use of the services and/or the vehicle, except as required by law.
15.6.2. Shall not be liable for any damage and / or loss and / or theft of equipment inside and / or on the vehicle.
15.6.3. Will not be liable for damage and / or direct and / or indirect injury, and any other damage caused to the Subscriber during the use of the vehicle.
15.6.4. Shall not be liable for any damage, loss and / or theft that may be caused to a third party due to the act of the Subscriber and / or the additional driver or anyone present with them.
15.6.5. Will not be held responsible for any harm and/or direct damage and/or indirect damage or any other damages caused as a result of unavailability of a vehicle, including due to the failure to return the vehicle on time by the Subscriber who used the vehicle beforehand.
15.6.6. Will not be liable for damage and / or direct and / or indirect damage and any other damage caused by the use of any accessory and / or feature located in the vehicle.
15.6.7. Shall not be liable for damage and / or direct and / or indirect damage and / or any other damage caused to an electric charging station or parking pole.
15.7. The Subscriber and the Subscription card:
15.7.1. Both the Subscriber and the additional driver undertake to keep the Subscription card from harm, and to report directly to the Company in case of loss of the card.
15.7.2. The card is the property of the Company, it belongs to the Subscriber and / or additional driver personally and is not transferable.
15.7.3. The Subscriber will be fully responsible for any direct and /or indirect damage and any other damage caused to the vehicle from the moment the vehicle is unlocked until the termination of use and parking, including (and without limitation) liability for direct and/or indirect damage and /or other damages caused to an electric charging station or parking pole.
15.7.4. The Subscriber will be fully responsible for any use of the Subscriber’s card and/or the app, including the use of the Subscription card and/or the app by someone other than the cardholder /another device.
15.8. The Company hereby states that it will not bear any responsibility whatsoever in connection with the presence or absence of a child safety seat in the vehicle, as well as for how it is mounted or installed or used by the Subscriber, caused due to an accident and / or wear and tear of the safety seat and / or the actual installation and use of the safety seat, as far as it is in the vehicle. The Subscriber undertakes to strictly comply with the instructions for use and installation of the safety seat, which can be found in the car manual and on the Company website, and to ensure compliance with the conditions of use of the seat in accordance with the weight and age of the child, as specified in the seat manual and in accordance with the law. Furthermore, the Company will not be liable for damage - including unintentional or indirect damage - resulting from the use of the safety seat or the inability to use it.
16.1. The Subscriber agrees to indemnify the Company and its officers, directors, employees and agents in respect of any claim, demand, loss, liability and expense (including reasonable legal expenses) arising out of or related to:
16.1.1. Its use of services and / or vehicles;
16.1.2. Violation of the conditions set forth in this contract and under any law, including fines;
16.1.3. Violation of the rights of any third party, including those injured in accidents
17.1. As collateral for the Subscriber's charges under this contract, a "non-debit transaction" (reserved funds within the Subscriber's line of credit) will be made on the Subscriber's credit card according to a set of parameters (selected service track, vehicle class, line of credit, etc.) as determined by the Company from time to time (hereinafter: "the reserved funds"). It should be clarified that the Company is entitled to check a Subscriber’s line of credit at any time. The reserved funds shall not in any case exceed the amount of reserved funds set forth in Appendix A.
17.2. By signing this contract, the Subscriber authorizes the Company to hold credit on the Subscriber's credit card for a fixed period which is detailed in Appendix A to this contract.
17.3. The amount of the deductible, in the event of an accident / damage/s which the vehicle is involved, is determined in advance and in accordance with the classification ( CLASS ) of the vehicle (as specified on the website) when at the time of signing this contract the deductible is as detailed in Table in Appendix A
18.1. The Subscriber will be charged in installments via the Subscriber's credit card, based on the details of which have been provided to the Company. It is hereby clarified that the Company is unable to accept "Debit" or "Direct" cards as collateral as aforesaid or for the purpose of making any of the payments required by virtue of this contract.
18.2. The Subscriber shall pay the Company at its request any amount due to them whether directly or indirectly according to all the provisions of this contract and its appendices, for the services, including vehicle rental fees, damages, towing costs, assessment, collection fees and any other sum as set forth in this contract. The Subscriber hereby allows the Company to charge the Subscriber whose information has been transferred to the Company.
18.3. The Subscriber hereby declares that the credit card, that was presented in the enrollment form, is valid. The Subscriber hereby undertakes that in the event that the credit card is cancelled or expired, he/she will report the cancellation or expiration to the Company at the time that it occurs. .
18.4. In the event that the Subscriber's credit card Company refuses to acceptthe Subscriber's payments and or obligations, the Subscriber's entitlement to receive services will be revoked until a valid means of payment has been submitted and approved by the company.
18.5. The terms of payment and prices vary according to the Subscriber’s service track and the vehicle, in accordance with what is stated in Appendix A to this contract.
18.6. Mileage readings (in the event that they are relevant for the given service plan which the Subscriber is associated and the type of vehicle used by the Subscriber ) for the purpose of calculating the cost of travel will be made according to the Company system that is installed in the vehicle and which is reported directly to the Company’s reservation interface.. To eliminate any doubt, it is hereby clarified that in the event of a contradiction between the Company’s system’s records and any other mileage reading, the calculation of the cost of the trip will be determined according to the Company’s system only and will determine the number of kilometers traveled for all intents and purposes.
18.7. For the purpose of calculating the usage fees, the start time and end time (in the event that they are relevant for the service plan to which the subscriber belongs as well as the type of vehicle that the subscriber used), the Company will rely on the Company’s system only. To eliminate any uncertainty it is clarified that in the event conflict between the system’s records and any time and/or location record, the calculation of the cost of the trip will be performed based solely on the System records for all intents and purposes.
18.8. A description of the special circumstances in which the Subscriber’s account will be refunded appear in Appendix A and on the Company’s website, which will be updated from time to time. All credits will be granted subject to the terms set forth in Section 18.6 above.
18.9. It is hereby clarified that that there may be changes to the rates due to the Company’s needs under special circumstances (such as, but not limited to: use of Company vehicles at night, on weekends, on religious holidays and on national holidays as defined in Appendix A, etc.), all according to the provisions set forth in the Service Plan, Costs and Associated Services (Appendix A) which may be updated from time to time.
18.10 It is hereby clarified that in the event that the Subscriber belongs at any time after registering as a subscriber for the Company’s services with a special rate or sale rate, then the special or sale rate will apply for the period of the sale only (as subject to the sole discretion of the Company) and only in the event that the Subscriber provides the Company, at their request for the proof of eligibility of the Subscriber and their subscription in the service plan with the special rate or sale rate. In the event that the Subscriber does not provide the required authorization to the full satisfaction of the Company, the Subscriber will be assigned to the service plan with the lowest existing rate that exists on the Company’s website at the time of the incident.
18.11. Should the Subscriber wish to freeze his/her subscription, he/she must notify the Company in writing or by a call to the customer support, and if such an option is exists, based on the currenst subscription plan that enrolled, the Company will consider freezing the subscription and will decide at its sole discretion. It is clarified that a subscription with "frozen" status does not allow the use of the Company's vehicles without the Subscriber's prior written request for renewal. The "frozen" subscription status allows the use of mechanical and electric bicycles and possibly other vehicles, as long as those vehicles do not require a “monthly membership fee.." When the subscription is renewed, the Company will be permitted to re-check the line of credit, as well as re-adjust the service track in accordance with available tracks at the time of renewal.
18.12.The receipts for the trips will be sent to the subscriber by email after the end of the trip. Receipts and tax invoices for the payments will be sent on a monthly basis via email and the signature of the Subscriber on this contract serves as consent to receive receipts and tax invoices as stated via email. The invoices will be sent by the 10th of each month.
18.13 Both parties agree that the information that is collected by the System regarding the manner of usage of the vehicle by the Subscriber, will serve as conclusive evidence, among other things for the calculation of the charge for the service including the manner of usage of the service plan.
18.14. Any delay in payment or debt to the Company will be CPI-linked according to the rate published by the Central Bureau of Statistics (or any other entity in the event that it is not published by them) and the Company will be permitted to collect the accumulated index linked interest rate of 1.25% without derogating from the Company’s rights as dictated by law. The Company will be permitted to hand over all matters connected to the debt collection or any other payment issues to an external legal services.
18.15 The Company reserves the right halt the Subscriber’s usage of the service at any time without prior warning due to delay in payment and that is without derogating from any other rights of the Company under the law.
18.16 The Subscriber undertakes to pay all of the expenses and payments with regards to traffic violations and/or parking violations accrued by the vehicle during the use of the services whenever the vehicle is in the Subscriber's possession (for parking offenses, the vehicle will be considered as at the Subscriber's possession until the end of the parking after the violation was made by the subscriber), including fines imposed for the aforementioned offenses. In the event that the Company receives notice regarding traffic and/or parking violations incurred with the vehicle during the vehicle rental period, including the aforementioned fines, , the Company will act to arrange the payment as follows:
18.16.1 In the event that the Company received notice and/or a fine due to a traffic violation (hereinafter: “traffic fine”), the Company will notify the Subscriber regarding handling of the fines under the Subscriber’s name, and the Subscriber will be charged a sum as detailed in Appendix A for the handling of payment of said fines (hereinafter: “handling fees”).
18.16.2 In the event that the Company receives notice and/or fines due to a parking violation (hereinafter: “Parking Fines”, the Company will notify the subscriber regarding receipt of the Parking Fines. In the event that the Subscriber decides to handle the parking fines independently, the Subscriber must notify the Company of said decision within 24 hours from the date of receiving such notice and the Company will operate to transfer the Parking Fines under the Subscriber's name, and the Subscriber will be charged with additional handling fee for transferring the name of the parking fines as detailed in Appendix A. In If the event that the Subscriber wishes that the Company will handle the Parking Fine payment and/or in case that the Subscriber did not responded to the Company's notice regarding the parking fines, the Company will be entitled to pay the parking fines itself, as part of the services that the Company provides to their Subscribers to the Subscriber,, the Subscriber will l be charged with sum comprised of the sum of the Parking Fines in addition to reduced handling Fees as detailed in Appendix A. (Hereinafter, the “Reduced Handling Fees”).
18.17 The Subscriber requests and authorizes the Company and/or the vehicle rental Company to pay/transfer into the Subscriber’s nameany ticket and/or fine received by on the Company’s vehicle while the vehicle was under the Subscriber’s possession as stated in Section 15.16.2 above. In addition, the Subscriber authorizes the vehicle rental service to deduct the sum of any tickets and/or fines from any sum they are due to receive from the Company.
18.18. The Subscriber undertakes to pay the Company any sum charge related to this contract and/or the services for which the Company receives a request, for the use of toll roads /lanes and/or for parking, in addition to the handling fees as detailed in Appendix A. In connection with payments for parking:
18.18.1. The Company allows Subscribers to use the Company's Pango subscription for parking purposes, and the Subscriber will be charged for such use as part of the Company's monthly billing. To activate the Pango service under the Company’s subscription, the following actions must be done: The Subscriber must contact the call center and request the activation of Pango for parking , while providing the full information and details as requested by the Company representative .The subscriber is aware that providing any incorrect details and/or failure to provide the required information to the representative, may result in receiving a parking ticket, in such a case the Subscriber will bear exclusively all the costs involved , as stated in this contract.
18.18.2 It is clarified that the customer may use a private Pango /Cellopark subscription, and in such a case the payment will be made independently by the customer. The customer must make sure to add to his private subscription to Pango/Cellopark the specific vehicle he rented on the same trip by adding/changing the number of the vehicle defined in his/her pango subscription. It is clarified that the operation of Pango/ Cellopark as aforesaid, including adding the vehicle under the customer's private subscription in Pango/Cellopark, is the exclusive and sole responsibility of the Subscriber and the Company shall not have any responsibility in this regard.
18.19 In the event that the vehicle is towed, the responsibility for retrieval of the vehicle and the payment of the towing fees are the exclusive responsibility of the Subscriber. Assistance with the vehicle retrieval will be provided by the Company for a fee at the amount that will be determined according to the sole discretion of the Company and subject to the specific circumstances of the case, all the abovementioned is without detracting from the Subscriber's liability under the provisions of this contract, including as stated in Section 15.2 above and/or by any law.
18.20 Any payment that is not made entirely and on time will carry interest as detailed in Section 15.14 above. In addition, the Subscriber might also will be charged for the collection costs, including legal expenses and attorney's fees, as well as any other expenses incurred by the Company (or lossof income) due to the collection.
18.21. All the prices as appear on the website and/or at the mobile application and/or in this contract, include VAT as dictated by law, unless otherwise stated. In the event that there is a change in the VAT according to law, the prices will be updated and the Subscriber undertakes to pay the required sum with the addition of VAT as dictated by law upon making the payment.
19.1. No repairs, modifications, changes and/or improvements are allowed to be made on the vehicle without prior notice and receivingan authorization in writing from the Company that approving the said repairs, modifications and /orimprovement. In the event that the Subscriber violates the provisions of this Section, theSubscriber will bear the full cost of said repairs in addition to a penalty for breaching of this provision, without derogating from the other rights of the Company as dictated by this contract and/or by law.
19.2. In the event of an accident, the Subscriber undertakes to notify the Company about such event immediately , not to admit or accept any responsibility for the accident and to fill out a written report which includes the full information and details about the incident including information regarding , the other vehicle involved, the other vehicle`s driver and that driver’s insurance information, details of witnesses to the accident in the event that any are present and a description of accident circumstances including a sketch of the location in which the accident occurred (hereinafter: " Accident Report"). In addition, the Subscriber agrees to cooperate with the Company and its representatives in all processes related to the accident including undergoing questioning and a polygraph.
19.3. In the event that the Subscriber rents a car, he/she will be liable for any damage that occurred as a result of an accident (including third party damages), and/or theft up to the amount of the member's deductible (including "self-insurance") Notwithstanding the aforesaid, insofar as the Subscriber does not send the Company an accident report as required in section 16.2 above, within 24 hours from the event of the accident and/or not fulfilling the terms of this contract, the Subscriber will be responsible for full amount of any damage caused to the vehicle and / or to the Company and/ or to the car rental, either directly or indirectly, with an unlimited amount It must be clarified that, except for cars, the use of all other vehicles (such as bicycles) in the framework of the service providedis not insured by the Company, and the Subscriber must ensure they have the appropriate insurance, as long as he/she is interested in insurance coverage.
19.4. “Zero Deductibles” Insurance (ZDI)
19.4.1. Notwithstanding the provisions listed in section 19.3 above, the Subscriber is permitted to purchase, for an additional fees, additional supplementary insurance coverage that waives the deductible sum (hereinafter: “Collision Damage Waiver Fee - CDW”). In the event that the Subscriber purchases the collision damage waiver insurance describe in this Section, the Subscriber will be exempt from paying the deductible in the event of damage and/or loss and/or breakdown of the vehicle where a deductible payment is required, as specified in Section 19.4 above.
19.4.2. The cost of the Collision Damage Waiver Insurance will be at the Company own sole discretion, as will be published from time to time. Upon signing this contract, the cost of the Collision Damage Waiver Insurance is as set forth in Appendix A. of this contract. It is hereby clarified that the payment for the Collision Damage Waiver Insurance applies to each driver in a given subscription. If the Subscriber chooses to purchase the CDW insurance, the Company will charge the Subscriber the insurance cost in monthly payments and will be renewed each month unless the Subscriber asks to discontinue the accessory insurance coverage for Collision Damage Waiver Insurance. In such an instance, the CDW insurance will be cancelled for the following month for all of the drivers in that subscription and said charges will not apply to the Subscriber and all of the subscription’s drivers.
When they are added to a subscription for which the drivers have purchased Collision Damage Waiver Insurance and all additional drivers will be charged for CDW Insurance. It is hereby clarified that the payment for the Collision Damage Waiver Insurance applies to each driver in a given subscription when they are added to a subscription for which the drivers have purchased Collision Damage Waiver Insurance and all drivers under the same subscription. When an additional driver is added to a subscriber who has CDW insurance, an additional charge will automatically apply for the deductible component to the additional driver. A business subscriber who is interested in purchasing a deductible cancellation component will be charged for each additional subscriber among his employees.
19.4.3. The CDW insurance will not apply in the following circumstances:
188.8.131.52. In the event of the occurrence any one or more of the events listed in Section 19.5a. For the avoidance of any doubt, in the event that one or more of the events listed in section 19.5 occurs, the Subscriber will be responsible for the full amount of for all damage caused to the vehicle and/or the Company and/or to the vehicle rental company, whether directly or indirectly, without limitation of amount.
184.108.40.206. In the event of damage and/or loss caused to the vehicle and/or the Company and/or the vehicle rental service willfully and/or due to negligence on the part of the Subscriber.
220.127.116.11. A breach of the Subscriber’s obligations as set forth in this contract.
19.4.4. If the Subscriber was involved in accident, for any reason, or in the event that damage was caused and /or the vehicle or parts from it were lost (hereinafter, "the incident”): “), immediately after informing the Company regarding the occurrenceof the Incident, the charge for the CDW insurance will be discontinued, and the Subscriber will not be permitted to be included in the CDW insurance, from that day forth. Alternatively and at the sole discretion of the Company, the Company shall be permitted to offer Subscribers an opportunity to join a CDW insurance track in return for payment of the CDW cost at double the regular cost of said insurance as determined by the Company and as detailed in Appendix A.
19.4.5 The date on which the Incident occurred will be the determining date regarding the Subscriber’s eligibility for CDW insurance.
19.4.6. The Subscriber’s eligibility to participate in the CDW insurance program is subject to a payment of CDW insurance fees to the Company.
19.4.7. It is hereby clarified that the Company is not and will not be held responsible for any damage, whether direct and/or indirect that is caused to the Subscriber and/or any third party as a result of the loss and/or damage and/or property damage and/or personal effects in the vehicle, whether or not the Subscriber paid for the insurance.
19.5. Notwithstanding the information provided above, the Subscriber’s liability is not limited to the extent of the deductibles and/or any other amount in the following circumstances:
19.5.1. Damage to the underside of the car, the bottom of the car, tires, rims, tubing, or accessories within the passenger compartment or trunk.
19.5.2. Damages that caused as a result of negligence, including the Subscriber ignorings warning lights that indicate the presence of a malfunction in one of the vehicle’s systems.
19.5.3. Use of unsuitable fuel in the vehicle.
19.5.4. Negligence in securing the vehicle including failure to use the alarm (in the event that one is present), failure to lock the doors or care for the keys/code intended to prevent vehicle ignition.
19.5.5. In the event that at the time of the Incident the driver of the vehicle was a person who is not permitted to use the vehicle according to the terms of this contract.
19.5.6. Damage caused as a result of failure to properly maintain the vehicle such as failure to fill/check the gas, oil, water, tire pressure, etc.
19.5.7. Extraction in the event that the vehicle runs out of fuel and/or the battery dies and/or following a flat or torn tire and/or empty battery with the exception of an electrical system failure (that is unrelated to the failure to charge the battery of an electrical vehicle) and/or loss or damage caused to the keys/remote/magnetic card and/or in the event that the damage does not warrant road-side assistance and/or when the Subscriber provided a false report when describing the issue
19.5.8. Use of the vehicle in a manner that violates Section 8 above and any of its sub-sections.
19.5.9. Providing false information when signing this contract in regards to the age, license validity or expiration date, the absence of any previous serious driving offenses, etc.
19.5.10 Use and driving of a vehicle by someone who does not have a suitable and valid driver's license in Israel, while traveling.
19.6. In any event where damage was caused in more than one occurrence / spot /place, the Subscriber will be charged the cost of the deductibles as number of occurrences / spots /places
19.7. Assessment of the damage as determined by the vehicle assessor chosen by the Company will constitute conclusive proof of the extent of the damage . will not be liable for any loss of profits and/or loss of opportunities and/or any other losses by the Subscriber. When the damage is lower than the deductible, the Company will charge the Subscriber the cost of repairing the vehicle by the Company. The Company shall not be liable for any loss of any profit and/or loss of opportunity and/or any other losses accrued by the Subscriber.
19.8. Subject to any law, the Company shall not be liable for death or any bodily injury, which will be caused to the Subscriber, and/or to any passenger traveling with the Subscriber and /or to any third party.
19.9. The Subscriber will be held responsible for any damage caused to the vehicle due to improper operation. The Subscriber agrees to pay the Company for any damages caused to the vehicle during the rental period including indirect damage, repairs, appraisals, third party claims, and legal fees. In the event that the Subscriber meets and the driver has not violated the requirements as set forth on this contract, the total of expenses will be limited to the extent of the deductible indicated in Section 14.3 above, subject to the provisions of Section 16.4 above.
19.10 The Company reserves the right to collect, in addition to the sum for the repair of any damages, handling fees, at a rate as determined at the discretion of the Company according to the particular situation.
20. Credits and Fines
20.1 Without derogating from the rights of the Company as dictated by law, the Company reserves the right to fine the Subscriber for any violation and/or lack of adherence to one or more of the provisions of this contract and its appendices as well as the provisions in the User’s Guide, including the following Sections:
20.1.1. Returning the vehicle not in accordance with the provisions in the User’s Guide.
20.1.2. Cancellations, changes and/or lateness in returning the vehicles.
Fai20.1.3. Failure to maintain the vehicle cleanliness including the presence of trash and/or cigarette butts and/or other smoking paraphernalia in the vehicle
20.1.4. Transporting of animals or allowing animals to enter a vehicle that is not designated as a vehicle in which animals are permitted.
20.1.5. Loss of subscription card
20.2. The credits and fees or penalties are as detailed in Appendix A to this contract and on the Company's website, as these will be updated from time to time.
21. Business Customers
21.1. The conditions of this contract and its ordinances will apply to all employees that belong to the subscription who have signed the contract.
21.2. In the event that the Subscriber asks to include any of their employees as additional drivers for the use of the services provided under this contract, the Subscriber agrees to provide all of the employee’s information and have the employee sign the contract and provide the employee with a copy of the contract and its appendices as well as the User Guide and authorize, with that employee’s signature, that he has fulfilled these requirements.
21.3. Without derogating from the provision set forth above, every employee of the subscriber who uses the serve in practice will be considered to have signed the contract themselves and the Subscriber will be liable for the fulfillment of all of the employee requirements for all intents and purposes.
22. Provision of the subscription card
Instructions regarding the supply of the Subscription Card to the Subscriber and any Additional Driver under the subscription will be emailed and / or sent by text message after completion of the registration in the system of the Subscriber / the Additional Driver.
23. Confidentiality and Privacy of Subscriber Details
23.1 The information provided during registration to the website and/or by telephone to the Company’s customer service center and/or in the system, all or in part, are maintained in the Company’s databases.
23.3. The information stated in this section will be used by the Company at subsequent Subscriber entries on the Company websites (including apps) and will allow the Company to provide the Subscriber with offers and advertisements targeted to the Subscriber
23.4. The driver behavior system collects data and will recording information regarding the use of the Company’s vehicles at any given time including information regarding the location of the vehicle, the driving speed, the date and time, the direction and distance of the trip, technical events related to the vehicle (turning on and off the ignition, etc.), events related to driving safety such as accelerations, breaking, various indicators in the vehicle sharp turns and even warnings regarding motor vehicle accidents and damage caused to the vehicle.
23.5 The Company is permitted to use the personal information provided by the Subscriber when making a reservation and any information collected regarding the user while using the Compnay websites and / or in the system in order to extract and analyze statistical data.
23.6. The Subscriber is not under any legal obligation to provide the information that is described above however the submission of information and/or authorizing this contract serves as consent of the Subscriber for all uses set forth in this contract in connection with the information including the transfer of the information to third parties in accordance with the provisions of this contract.
23.7. The Company undertakes to do the utmost in their power in order to maintain the confidentiality of the Subscribers' information and to secure the information that is collected on the websites and in the system. However, because this system is an online environment, the Company cannot wholly guarantee the prevention of computer intrusions or exposure of the information collected. In the event that the information falls into the hands of a third party that misuses said information, the Subscriber declares that they shall have no claim, allegation and/or demands towards the Company or their representatives.
23.8. It is hereby clarified that nothing in this Section is intended to expand the liability of the Company and/or its representatives in accordance with the law.
23.9. It is further clarified that the Company's vehicles are equipped with advanced communication systems for the purpose of initiated communication by the Company's call center and/or the Company's other representatives, and communication with the Subscriber and/or the additional driver in the vehicle for control and communication purposes.
24. Intellectual Property
24.1. All intellectual property rights on the website, mobile application and in the system, including the patents, copyrights, samples, methods and trade secrets as well as intellectual property rights regarding marketing methods, databases including customer and/or Subscriber lists, service plans and service descriptions, graphic design of the website and anything else related to the operation are the exclusive property of the Company and/or their representative.
24.2. Without derogating from any provisions, it is emphasized that the name “Car2Go” and/or “גו2קאר” and/or "CAR2GO" ו/או "גוטו" ו/או "GoTo" as well as the domain name of the website, trademarks on the website (whether registered or not) are all the property of the Company only, and may not be used for any other purpose without advanced authorization in writing.
24.3. No information from the website (including trademarks, photographs, texts, sales methods and computer codes) can be copied, reproduced, distributed, sold, or marketed and the design and graphic interface cannot be changed, without receipt of explicit authorization from the Company in advance and in writing nor shall any party act in a manner that violates the provisions of the law regarding intellectual property.
24.4. No commercial use of the data published on the website is to be made without advanced written consent from the Company.
24.5. Any data published on the website for presentation online or in any other service and/or for any other purpose can be used without prior written consent from the Company and is subject to the terms of the contract (if granted). In addition, no data can be collected from the website using data collection/data mining software and the like and it is not permitted to disseminate such data to others in a commercial manner or for commercial purposes.
24.6. Notices or text regarding copyright, trademark or other proprietary rights, must not be removed from any part of the service;
24.7. Do not duplicate or modify the service, create derivative creations based on it, distribute, license, rent, sell, resell, publicize, transmit, streaming, broadcast or use it in any other manner, except in a manner expressly permitted by the Company;
24.8. Do not decompile, reverse engineer or disassemble the services;
24.9. Do not tie or connect, mirror or frame any part of the services;
24.10 Do not cause or operate any software or codes for the purpose of scraping, indexing, surveying or any other form of data mining, in any part of the services, or unnecessarily obstruct or block the operation and / or function of any aspect of the services;
24.11. Do not attempt to gain unauthorized access to the services or related systems or networks, or infringe on any aspect thereof;
24.12. Do not send, upload or publish content that contains defamation, profanity, violence, abomination, pornography, illegal content or otherwise offensive content;
24.13. No commercial or non-commercial advertisements may be published without the prior written consent of the Company; and furthermore
24.14. The legal rights of any third party, including but not limited to intellectual property rights, must not be infringed.
24.15. The provisions of this Section shall not derogate from the provisions of the law, and in addition to them, all restrictions and prohibitions dictated by law related to intellectual property rights shall still apply.
25.1. Violation of Sections 8, 11, and 14 and all their sub-sections, and/or the provisions of Chapter D and all its sections, will constitute a fundamental violation of this contract which will allow the company, inter alia, to cancel this contract, without prejudice to all its rights under law.
25.2. The operation of the app depends on Internet access. In order to use the services, the Subscriber must gain access to the internet and be liable to all charges to the mobile network, incurred by data usage and messages. The Subscriber is responsible for obtaining and updating the hardware or devices required to access and use the services and the app, as well as any updates thereof. The Company does not guarantee that the services, or any part thereof, will operate on any particular hardware / operating system or devices. In addition, it must be clarified that the services may be compromised due to malfunctions and delays related to the use of the internet and electronic communications.
25.3. All notices regarding any matter will be sent to the address listed on the company's website.
25.4. The Company reserves the right to make any changes to the contract and / or its appendices, including but not limited to the costs of the services or any part thereof, changes and / or deletions and / or additions of services and any other changes, by publishing an amended contract on the website, at the absolute discretion of the Company, with prior written notice to the Subscriber 14 days before the change takes effect, in order to allow the Subscriber to terminate his contract with the Company before the changes take effect.
25.5. The Company's records and system data will constitute conclusive proof in any case of disagreements over bookings, etc.
25.6 If it is determined by a competent court that a provision of this contract is illegal and / or invalid, it will not impair and /or cancel the validity of the other provisions of the contract and as far as possible, the illegal provision will be minimally edited as necessary for the provision to be legal.
25.7. Failure to impose a fine or penalty on the Subscriber due to non-compliance with any clause in this contract, does not constitute consent and / or waiver by the Company regarding the fulfillment of the other clauses in the contract.
25.8. This contract is personal and non-transferable. The Company shall be entitled to assign its rights and obligations under this contract to any third party in its sole discretion, and the Subscriber hereby waives any claim in this regard.
25.9. The exclusive jurisdiction regarding this contract will be the competent courts in Tel Aviv-Jaffa.
25.10 By signing this registration contract for Goto Global Mobility Services Ltd. I hereby confirm receipt of marketing information, updates and advertisements in connection with the services provided to me in accordance with this registration contract, via email/SMS/letter, and in accordance with the details I provided above. I know that at any stage I can ask the Company to stop sending me the above information.
25.11. The Hebrew version of this contract will be the binding version and in the event of any discrepancies and/or inconsistencies between this Hebrew version of this contract and its English version, the Hebrew version will be the binding and prevailing version.
26. Preconditions for Receiving Services
26.1. In order to receive services from the Company, the Subscriber acknowledges and confirms that he or she meets all of the any additional driver must meet the following conditions (“Preconditions”):
26.1.1. Has driving experience of at least two years and is over the age of 24. Without derogating from the above, license holders aged 21-24 may be permitted to receive the Company’s services as a Subscriber or additional driver in the event that they join the service through the Young Driver’s Program and receipt of authorization of such subject to the provisions set forth in Appendix A of this contract as well as payment of an additional premium which will be updated and published from time to time by the Company.
26.1.2. Has a valid driver’s license, as detailed below:
18.104.22.168. Has a valid driver’s license, as detailed below: Holds a valid driver’s license according to the Road Transport Ordinance if the Subscriber is a citizen or resident of Israel. The Subscriber undertakes that throughout the term of the contract, he will continue to hold a valid driver's license, and that in case of disqualification / non-renewal or the revoking of the subscriber's driver's license, he will immediately notify the Company and his subscription will be frozen or canceled, according to the Company sole decision.
22.214.171.124. Holds a valid international driver’s license or national driver’s license that is valid as described in Section 9 of the transportation regulations if the Subscriber is a foreign citizen or resident and has signed the declaration attached hereinafter as Appendix D. The Subscriber undertakes that throughout the term of the contract, he will continue to hold such a driver's license and that in case of disqualification, expiration or revoking of the driver's license, for any reason, he will immediately notify the Company and his subscription will be frozen or canceled, according to the Company sole decision. The Subscriber also declares that he is aware that if he has been in Israel for more than one year continuously, he is required to hold an Israeli driver's license, in such case he undertakes to transfer a copy of his/her a license to the Company or cancel the subscription immediately. The Subscriber further declares that he reported to the Company on the date of his entry into Israel and that more than 12 months elapsed between the said date and his previous entry into Israel, as far as there was such entry. The abovementioned does not impose any liability on the Company regarding the validity of his license in Israel and the subscriber bears the full and exclusive responsibility regarding complying in this matter and he will indemnify and compensate the Company and/or the car rental and/or any of their managers, employees, consultants, directors and shareholders for any claim or complaint against them while using the services, that related to the Subscriber driving license validity and compliance with the relvamt rules and regulations.
26.1.3. He or she hereby declares that he or she has not been convicted of serious driving offenses, including:
126.96.36.199. Driving offenses at a speed that is 40 KMH over the legal speed limit
188.8.131.52. Driving under the influence of alcohol and/or drugs and/or other substances that are prohibited by law, in any quantity.
184.108.40.206. Involuntary manslaughter due to negligent driving.
220.127.116.11. Abandoning the scene of an accident.
18.104.22.168. Driving with a revoked license.
22.214.171.124. Vehicular homicide.
126.96.36.199. Failing to stop a vehicle before crossing the train tracks after the barriers have been lowered or after an oncoming train was heard or seen.
26.1.4. Regarding the bicycle sharing services and any other vehicle - he has the ability and / or skill to operate the bicycle (or the relevant vehicle) safely and is an adult over the age of 18.
26.2. It is hereby clarified that the Subscriber’s compliance with Section 26.2 above does not automatically grant the Subscriber the right to receive service from the Company. This right is conditional upon the registration process and authorization granted by the Company. The Company's reserves the right to deny and/or refuse to add the Subscriber to the service at its sole discretion as subject to the law of Prohibition of Discrimination in the Provision of Products, Services and Entry into Places of Entertainment and Public Facilities (2000- 5760).
26.3. Upon signing the contract, the Subscriber and the additional driver confirms and declares that he meets the prerequisites. In the event that it becomes apparent that the Subscriber and/or additional driver does not meet the prerequisites and/or ceased to meet the prerequisites, the Company will be permitted to end the contract with the Subscriber, without prejudice to any of the Company’s other rights according to law and/or in accordance with this contract.
26.4. Without derogating from the aforementioned and/or from the provisions of the law, the Company shall be entitled to prevent the Subscriber from receiving the services in any of the following cases:
26.4.1. If the Subscriber has used the services and/or the website and/or the system to perform an illegal act or to allow, facilitate, aid or abet such an act;
26.4.2. If the Subscriber intentionally provided incorrect information;
26.4.3. In the event that the Subscriber performed an act or made an omission that harms or may harm the Company and/or any third parties;
26.4.4. In the event that the Subscriber or anyone on his or her behalf has violated the terms of this contract and/or if he or she avoids paying, illegally, for the services that he or she has purchased from the Company, whether via the website or in any other manner;
26.4.5. In the event that the Subscriber’s credit card is blocked or restricted in any way;
26.4.6. In the event that the Subscriber has declared bankruptcy and/or has been declared insolvent and/or insolvency proceedings against the Subscriber are undertaken and/or dissolution and/or writ of execution is being carried out;
26.4.7. In the event that the Subscriber transfers their rights to another.
Direct debit payment via credit card:
To: GOTO GLOBAL MOBILITY LTD. (the “Company”).
1. I, the undersigned, hereby grant you permission to charge my credit card, the details of which appear below (hereinafter: the “Credit Card”) for the amounts to be paid on the acceptable dates with respect to my obligations as set forth in this contract. The charge will be made by the transfer of payment instructions by you to the credit card Company (“the Issuer”) near the date of payment as determined by you and subject to the provisions of the law.
2. Any charge made in accordance with this authorization shall be deemed to have been made with my full knowledge.
3. This voucher was signed by me, without specifying the number of payments or the value of said payments, since I have provided the Company with authorization to transfer charges to the Issuer from time to time, as will be specified by the Company to the Issuer. I am aware that I can cancel this provision by providing written notice to you and that my notice will take effect within three (3) business days from the day of receipt at the Company’s offices and if it is delivered by registered mail, within six (6) business days from the date of delivery, unless I indicated a later date in my notice and that it will not apply to charges made prior to the date on which the notice of cancellation becomes effective. Also, I am aware that the cancellation of this this provision is conditional upon and subject to the contracts between us.
4. This authorization shall also apply to credit cards issued to replace the Credit Card whose number appears on this form.
5. In the event of notice to the Issuer regarding failure to honor the credit card, I will undertake the obligation to update you with alternative credit card details and make all payments on time.