User Agreement

Effective Date:

4 February 2019

Please read this user agreement carefully. It sets forth the legally binding terms and conditions for Your use of the B&B Investments finančno svetovanje d.o.o. (hereinafter referred to as the “B&B”) Services.

1. INTRODUCTION

1.1 Contact Details for B&B

Provider: B&B INVESTMENTS finančno svetovanje d.o.o., Postal address: Beethovnova ulica 5, 1000 Ljubljana, Registration number: 7218486000, TAX ID number: SI 60471522, Website: www.floxit.co

1.2 B&B Services

FLOX is B&B’s trademark under which B&B represents its vision to provide a clean, sustainable and accessible urban transport solution through/via a single platform of shared personal electric vehicles.

The services provided by B&B include:
(1) short-term (up to 24 hours) self-service rental of electric scooters (hereinafter referred to as the “Scooter” or “Scooters”);
(2) the use of B&B's mobile application (hereinafter referred to as the “App”) and its related website at www.floxit.co (hereinafter referred to as the “Website”); and
(3) all other related equipment, personnel, services, applications, websites, and information provided or made available by B&B for Scooter rental services and use of the Website (collectively referred to as the “B&B Services”).

The services made available to the users of B&B are provided only on the condition that you (hereinafter referred to as the “Rider”, “You”, or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) (1) agree to the terms and conditions in this User agreement (hereinafter referred to as the “Agreement”), and (2) validly register Your account via the App or web interface.

By accepting this Agreement, You represent and warrant that You:
(1) have read this Agreement;
(2) are eligible for the use of the B&B Services;
(3) understand the terms and consequences of this Agreement; and
(4) are fully aware of the legal and binding effect of this Agreement.

You understand and agree that all personal information that is held by B&B and pertains to the Riders, including but not limited to all names, addresses, phone numbers, email addresses, passwords, and payment information, will be kept by B&B in accordance with its Privacy Policy. B&B's Privacy Policy and Terms of Services are available HERE. You should carefully read all terms and conditions of both documents before entering into this Agreement, as You are bound by their terms.

You will be presented with summarized instructions for safe use of the Scooter when renting a Scooter for the first time. You can always see the detailed instructions at HERE and HERE. By accepting this Agreement, You confirm that You have acquainted Yourself with the information regarding safe use of the Scooter, and that You are aware of all the related risks, dangers, and hazards that may arise from using / riding / operating the Scooter.

2. DEFINITIONS

The following terms used in this Agreement have the respective meanings set forth below.

Agreement shall have the meaning set forth in Article 1.2.
App shall have the meaning set forth in Article 1.2.
B&B shall have the meaning set forth in the Preface to this Agreement.
B&B Services shall have the meaning set forth in Article 1.2.
Card shall have the meaning set forth in Article 5.4.
Claims shall have the meaning set forth in Section 9.
Discounts shall have the meaning set forth in Article 5.3.
End of Ride shall have the meaning set forth in Article 4.11.
Maximum Weight Limit shall have the meaning set forth in Article 4.6.
Party / Parties shall have the meaning set forth in Article 4.1.
Privacy Policy and Terms of Service means the privacy policy and terms of service currently referenced HERE.
Released Persons shall have the meaning set forth in Section 9.
Rider shall have the meaning set forth in Article 1.2.
Scooter / Scooters shall have the meaning set forth in Article 1.2.
Start of the Ride shall have the meaning set forth in Article 4.11.
Website shall have the meaning set forth in Article 1.2.
You / Your shall have the meaning set forth in Article 1.2.

3. ELIGIBILITY FOR USING B7B SERVICES

To be eligible for the use of the B&B Services:

• You must be at least eighteen (18) years of age or older;
• You must own or control a mobile device compatible with the App. You acknowledge and agree to be solely responsible for obtaining all the equipment and services needed to access the App at Your own expense. You also acknowledge that while accessing the App, Your mobile service provider may charge You certain fees for data usage and text messaging services, and that You are solely responsible for payment of the costs incurred thereby;
• You must allow B&B to track Your location whenever the App is running on Your mobile device; and
• You must allow B&B to access the camera on Your mobile device in order to photograph and send photos of the parked scooters to B&B when You End the Ride.

4. RENTAL AND USE OF SCOOTER

4.1 Rider is Sole User

B&B and the Rider are the only parties (hereinafter referred to as the “Parties” or each separately as the “Party”) to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all the terms and conditions contained herein. You understand that when You Start the Ride, the Scooter shall only be used by You. You must not allow others to use the rented Scooter.

4.2 Rider must be Competent Scooter Operator

You represent and warrant that You are familiar with the operation of the Scooter, that You are competent and physically fit to ride the Scooter safely, and that You are physically capable of operating a Scooter safely without any risk to the health and safety of Yourself or others.

You are responsible and obliged to adjust Your riding to weather conditions (including, but not limited to, rain, fog, snow, hail, ice, heat or electrical storms), visibility, surrounding environment, and traffic conditions. Do not ride the Scooter in snow, rain or on roads which are wet, muddy, icy, or that are slippery for any reason.

By choosing to ride a Scooter, You assume all the responsibilities and risks for any injuries to Yourself or others, or medical conditions that may interfere with Your safe operation of a Scooter.

4.3 Scooter is Exclusive Property of B&B

The Scooter and any B&B equipment attached thereto is, at all times, the exclusive property of B&B. You must not dismantle, write on or otherwise modify, repair or deface any part of a Scooter or other B&B equipment in any way. You must not write on, peel or otherwise modify or deface any sticker on a Scooter in any way. You must not use a Scooter or other B&B equipment for any advertising or other commercial purpose without the express written permission of B&B.

4.4 Scooter May be Used only in Urban Areas

The Rider agrees to only use, and/or ride the Scooter in urban areas.

4.5 Rider Must Follow Laws Regarding Use and/or Operation of Scooter

You represent and warrant that You are familiar with all the laws applicable to operating a Scooter, including safety and traffic laws, and that You will fully comply with those laws while You are operating, riding, parking and charging a Scooter. You also agree to act with the courtesy and respect toward others while using the B&B Services.

4.6 Maximum Weight Limits

Weight limit for the Scooter is 100 Kg (hereinafter referred to as the “Maximum Weight Limit”).

4.7 Scooter Operating Hours and Availability of Scooters

Scooters can be rented anytime between 7:00 am and 10:00 pm (hereinafter referred to as the “Operating Hours”). Riders are allowed to End their Ride even outside of the Operating Hours.

The number of the Scooters is limited. Nearby available scooters are visible in the App. You agree and acknowledge that B&B is not obliged to provide the availability of the Scooters at any time. You agree that B&B may require You to End the Ride at any time.

4.8 Prohibited Acts

You certify and agree to accept the following:

• You will not use a Scooter while under the influence of any alcohol, drugs, medication or any other substance that may impair Your ability to ride a Scooter safely;
• You will not use a Scooter while carrying any item that can alter Your balance or might impair safe use of the Scooter (including, but not limited to, briefcase, backpack, bag);
• You will not place heavy objects on the handlebar of the Scooter, such as heavy backpacks or bags;
• While riding a Scooter, You will not use any device that might distract You from use the Scooter safely (including, but not limited to, mobile device, tablet, portable music player);
• You will not carry a second person, child or animal on a Scooter;
• With a Scooter You will not tow any vehicle, trailer or other object;
• You will not use a Scooter for racing, mountain riding, stunts or performing tricks;
• You will not take Your hands off the handlebar while riding a Scooter, except when using appropriate hand signals to indicate your intended actions (turning, stopping);
• You will not ride a Scooter with one hand only;
• You will not rotate the handlebar of a Scooter violently, especially when riding at high speed;
• You will not step / jump off a Scooter while riding. Always apply the electronic brake and/or foot brake to slow down or stop;
• You will not use a Scooter in connection with a crime or other illegal activity;
• You will not use a Scooter while there is inclement weather which make it dangerous to ride a Scooter (including, but not limited to heavy rain, snow, electrical storms, strong wind);
• You will not ride a Scooter on unpaved roads, in water (beyond normal urban riding) or in any location that is prohibited, illegal, and/or be a nuisance to others;
• You will not press the throttle when walking with a Scooter;
• You will not ride a Scooter over obstacles that could lead to a loss of balance or traction and could cause a fall;
• You will not use a Scooter if You are pregnant;
• You will not use a Scooter if You suffer from a disease that puts you at risk by engaging in strenuous physical activity;
• You may only use the locking mechanisms provided by B&B. You will not add another lock to the Scooter;
• You will not touch the hub motor, as it can get hot after riding;
• You will not use a Scooter if You have failed to provide B&B with true information required to register for the B&B Services;
• You will not use a Scooter if You, together with Your cargo, exceed the Maximum Weight Limit;
• You will not use a Scooter in violation of any law, ordinance or regulation. You are responsible for all the traffic, moving and parking violations. You undertake to settle/pay any penalty or cost incurred from such violations; and • You will not tamper with, attempt to gain unauthorized access to, or otherwise use the B&B Services other than as specified in this Agreement;

4.9 Reservation of Scooter

Scooters are available to Riders on a first-come-first-served basis. B&B gives the Rider an option to reserve the desired Scooter via the App in advance. If a reservation is made via the App, the Scooter is reserved for fifteen (15) minutes and after the elapse of the mentioned reservation time, the respective Scooter will be made available for reservation and use to other Riders. B&B will not charge the Rider any fee in relation to the reservation of the Scooter.

4.10 Inspection of Scooter Before Riding

Prior to taking possession of a Scooter, the Rider must inspect the Scooter for evidence of damage and disrepair including: (1) the state of the wheels, (2) the operation of all brakes and lights, (3) the condition of the frame, (4) the battery charge power, and (5) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problems/maintenance needs. The Rider agrees not to ride the Scooter if there are any noticeable issues, and to immediately notify B&B about any problems. You are obliged to notify B&B about such problems prior to using the Scooter and may be held responsible for damage or disrepair if You fail to do so and/or use a damaged Scooter.

4.11 Start and End of the Ride

You are fully aware that You will be charged for each minute of the ride (rounded up to the next minute) from the Start of the Ride until the End of the Ride. However, if You End the Ride within the first minute of the Start of the Ride, You will not be charged at all.

The Ride starts when You scan the QR code on the Scooter and successfully complete all the steps in the App for unlocking the Scooter (hereinafter referred to as the “Start of the Ride”). The Ride ends when all the steps in the App for the End of the Ride are completed, including: (1) the Scooter is properly parked and secured with the Scooter's cable lock, (2) a photo of the properly secured Scooter is taken and sent to B&B via the App, and (3) "End Ride" is clicked in the App (hereinafter referred to as the “End of the Ride”). Please be aware of the battery level of the mobile device You are using to run App at all times while you are riding Scooter. Note that if You run out of battery on Your mobile device, You will not be able to successfully complete all the steps required to End the Ride and consequently You will continue to be charged for the use of the Scooter until you do so. In such event contact us on the phone number +386 1 292 70 15. To be properly parked, the Scooter must be parked at a lawful parking spot in a visible space, in an upright position and in a manner that is not a nuisance to others and the traffic. The Scooter cannot be parked on an unauthorized private property, in a locked area or in any other unapproved non-public space. You should not park the Scooter in heavily trafficked areas if the Scooter is in danger of being knocked down.

In relation to the battery charge power, the Rider acknowledges that the level of the charge power remaining in the Scooter will decrease with the use of the Scooter, and that as the level of the charge power of the Scooter decreases, the speed and other operational capabilities of the Scooter may decrease, and that the Scooter may run out of charging power and cease to operate at any time during the Rider’s rental of the Scooter, potentially even before reaching the Rider’s desired destination. If the Scooter runs out of charging power during a rental, You shall End the Ride in compliance with all the terms of this Agreement. You should immediately End the Ride if you notice any issues with the Scooter and report the problem using the App or Website’s CONTACT US form.

4.12 Helmets and Safety

While riding a Scooter You are advised to always use a helmet, and reflectors in case of reduced visibility. When travelling downhill always adjust your speed. The Rider agrees that none of the Released Persons is liable for any injury suffered by the Rider while using any of the B&B Services, whether or not the Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. The Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement if required by law, ordinance or regulation.

4.13 Reporting of Damage or Crashes

In the event of any accident, crash, damage, personal injury, a stolen or lost Scooter, the Rider must notify B&B of such occurrence as soon as possible via the Website’s CONTACT US form or via the phone number +386 1 292 70 15. If a crash involves a personal injury, property damage, or a stolen Scooter, the Rider shall file a report with the local police department within 12 hours.

The Rider agrees to be responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Scooter.

4.14 Rider Responsibility for Scooter Use and Damage

The Rider agrees to return the Scooter to B&B in the same condition in which it was rented. The Rider will not be responsible for normal wear and tear.

4.15 Charging of Scooter While Rented

The Rider may charge the Scooter while rented only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose. The Rider agrees to follow all the laws and rules pertaining to the charging of the Scooter, including all the laws and all the public and private rules and regulations pertaining to the area and to the property where the Rider is charging the Scooter. The Rider agrees to be responsible for all the costs, charges, fees, expenses, penalties, and fines associated with the charging of the Scooter, and that B&B will not reimburse the Rider any of the expense incurred thereof. Furthermore, the Rider is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property, fire or other damages, injuries, costs, expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to the charging of the Scooter. By choosing to charge a Scooter, the Rider assumes full and complete responsibility for all the related risks, dangers, and hazards. The Rider agrees that B&B and all the other Released Persons are not responsible for any injury, damage, or costs caused by the Rider with respect to any person or property, including the Scooter itself, directly or indirectly related to the charging of the Scooter.

5. FEES, PAYMENT AND DISCOUNTS

5.1 Fees

The Rider may use the Scooter on a pay-per-ride basis or as otherwise in accordance with the pricing described in the App. In each case, the fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by B&B. B&B will charge the Rider (through a Card) the amount of the fees as described in this Agreement.

5.2 Rental Time and Maximum Day Charge

The maximum rental time of a Scooter is 24 hours. The Rider agrees to End the Ride within 24 hours of renting a Scooter. The Rider may then rent again. The Rider agrees to be solely responsible for being aware of any elapsed time related to the timely End of the Ride. The maximum daily charge for one-off rent of a Scooter is EUR 100.00 and is based on a calendar day (meaning the Rider may be charged more than EUR 100.00 if they hire a Scooter multiple times per day). The Scooters of the Riders that will not End their Ride within 48 hours, will be considered lost or stolen, and the Rider will be charged EUR 700.00, and a police report may be filed. If the damage incurred to B&B is greater than EUR 700.00, the B&B shall have the right to demand the difference up to the value of full compensation. B&B may also charge a service fee of EUR 25.00 for rentals in excess of 24 hours if the Scooter is not lost or stolen.

5.3 Discounts and Other Offers

Promo codes, coupon codes, vouchers, (hereinafter referred to as the “Discounts”) are offers that can be redeemed only via the App. B&B reserves the right to modify or cancel Discounts at any time. Each Discount can be redeemed only once and may not be combined with other Discounts or other special offers provided by B&B. Discounts are non-transferable and may not be resold.

5.4 Provision of Credit Card or Debit Card

To be registered to use the B&B Services, the Rider must, among other things, provide B&B with a valid credit or debit card (number and expiration date) (hereinafter referred to as the “Card”). The Rider represents and warrants to B&B that the Rider is authorized to use the provided Card. The Rider authorizes B&B to charge the Card for all the fees incurred by the Rider. All the fees are subject to applicable taxes and other local government charges, which may be charged and collected by B&B.

5.5 Disputing Charges on Card

If the Rider disputes any B&B's charge on the Rider’s credit or debit card account, then the Rider must contact B&B within ten (10) days from the End of the Ride and provide B&B with all trip information necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. The Rider has to provide B&B with the above-mentioned information via the Website’s CONTACT US form. The Rider agrees to immediately inform B&B of all the changes relating to the Card.

5.6 Security Deposit / Pre-authorisation

The Rider agrees and acknowledges that B&B may seek pre-authorization of the Card prior to a fee or cost becoming due to verify that the Card is valid and/or has the necessary funds to cover such fees or costs. Such pre-authorization may be in the amount of up to EUR 50.00. These pre-authorizations will reduce Your available balance by the pre-authorization amount until it is released or reconciled with the actual charge.

6. ADDITIONAL TERMS OF USE

6.1 Lost or Stolen Scooter

A Scooter may be deemed lost or stolen if: (1) the Ride does not End within 48 hours, (2) the Scooter’s GPS unit is disabled, (3) the Scooter is parked on an unauthorized private property, in a locked area, or in any other non-public space for more than ten minutes after the End of the Ride, (4) the Scooter moves more than ten meters after the End of the Ride and B&B believes such movement was not caused by another Rider or an authorized third party, or (5) other facts and circumstances that suggest to B&B in its reasonable, good-faith determination that a Scooter has been lost or stolen. Parties agree that the last Rider of a Scooter shall be responsible for a lost or stolen Scooter unless the facts and circumstances suggest otherwise to B&B in its reasonable, good-faith determination. If B&B deems a Scooter lost or stolen, B&B shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Scooter or otherwise), including but not limited to obtaining restitution and other appropriate compensation and damages and filing a police report with the local authorities. The Rider agrees that the data generated by B&B’s computer systems is conclusive evidence of the period of the Scooter use by the Rider. The Rider agrees to report the Scooter’s disappearance or theft to B&B immediately via the Website’s CONTACT US form or via the phone number +386 1 292 70 15.

If the Scooter You rented is stolen or lost during Your rental and B&B is unable to recover the Scooter through our tracking technology or other means, B&B may charge You up to EUR 700.00, and a police report may be filed. If the damage incurred to B&B is greater than EUR 700.00, the B&B shall have the right to demand the difference up to the value of full compensation.

6.2 Scooter Routes

The Rider agrees that B&B does not provide or maintain special lanes for riding Scooters, and that B&B does not guarantee that there will always be an appropriate road for riding a Scooter. The permitted areas for riding a Scooter may become dangerous due to weather, traffic, or other hazards.

6.3 Limitations on Availability of B&B Services

B&B makes every effort to provide B&B Services throughout the whole year, but does not guarantee that B&B Services will be available at all times.

7. TERM, TERMINATION, DATA BREACH NOTIFICATION

7.1 Term

This Agreement shall be in full force for an unlimited duration, from the date on which it is electronically accepted by You, until terminated or suspended pursuant to section 7 of this Agreement, or as otherwise provided in the Agreement. In case of termination of the Agreement, the Rider agrees to immediately return any B&B’s item (including, but not limited to, Scooters) that the Rider has in their possession, to B&B.

7.2 Suspension of B&B Services

B&B reserves the right to temporarily suspend or limit the Rider’s access to the Services at its sole discretion.

7.3 Termination of Agreement by B&B

It is in B&B’s sole discretion to, at any time, unilaterally terminate this Agreement if the Rider fails to pay any sum due, if the Rider does not comply with any term or condition specified in the Agreement or the Website or the App, upon written notice by B&B to the Rider to the provided mobile number or email (if provided), or via the App.

7.4 Termination of Agreement by Rider

The Rider may terminate this Agreement at any time by means of a written notice to B&B with a one-week notice period. The termination of the Agreement by the Rider can only be effective once all the due amounts have been paid to B&B. The Rider further acknowledges and agrees that upon the termination of the Agreement: (1) no refund will be provided by B&B, and (2) the Rider may still be charged any applicable additional fees in accordance with this Agreement.

7.5 Data Breach Notification

Notwithstanding the Rider’s decision to opt-out of receiving electronic messages or cease to use the Services, the Rider agrees that in the event of an incident in which a third party obtains unauthorized access to the Rider’s personal data provided to B&B, and should the Rider become legally obligated to notify about such unauthorized access, B&B may provide such notice to the Rider electronically by using the email address (if provided) or the mobile phone number provided by the Rider.

8. MISCELLANEOUS PROVISIONS

8.1 Applicable Law

This Agreement shall be governed, construed and interpreted in accordance with Slovenian law.

8.2 Out-of-Court Settlement of Consumer Disputes

B&B does not recognize any contractor for out-of-court resolution of consumer disputes as competent for resolving a consumer disputes that the consumer could initiate in accordance with the Out-of-Court Consumer Dispute Resolution Act (“Zakon o izvensodnem reševanju potrošniških sporov (Official Gazette of the Republic of Slovenia, No. 81/15”).Please find the Online Dispute Resolution Platform provided by the European Commission at HERE.

8.3 Choice of Law and Venue

Any dispute arising out of or relating to this Agreement or the breach thereof shall be governed by the laws of Slovenia for all claims.

The contracting Parties shall amicably resolve any and all disputes hereunder. If this is not possible, any dispute arising from the performance and consequences thereof will be brought before the courts of Slovenia, to which the Parties expressly attribute jurisdiction, including in the event of summary judgements, introduction of third parties or numerous defendants.

8.4 Waiver

Any waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of the Party granting such waiver in any other respect or at any other time. Any delay or forbearance by B&B in exercising any right hereunder shall not be deemed a waiver of that right.

8.5 Severability

If individual parts of these Agreement are found invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Agreement shall remain effective. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

8.6 Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to its subject matter contained herein. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. You acknowledge that You have not relied on any promise, representation, or warranty that is not contained in this Agreement.

8.7 Modifications of Agreement

At any time and from time to time and without the Rider’s consent, B&B may unilaterally amend, modify or change this Agreement, at its sole discretion.

You must carefully review this Agreement on a regular basis to maintain awareness of all the amendments, modifications, and changes.

Whenever a change is made to this Agreement, B&B will inform You of such change via the App and post the renewed agreement on the Website.

8.8 Force Majeure

Neither Party will be liable for any delay or failure in performance to the extent the delay or the failure is caused by the events beyond the Party’s reasonable control, including a significant failure of the Internet, acts of God, fire, explosion, flood, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority.

9. RELEASES, DISCLAIMERS, ASSUMPTIONS OF RISK

In this Agreement the claims (hereinafter collectively referred to as the “Claims”) mean any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, liens, fines, charges, penalties, obligations, debts, contracts, promises, costs, expenses, damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to the Rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to: (1) any of the B&B Services, including but not limited to the Scooters, placement, equipment, maintenance, related information, this Agreement, or (2) the Rider’s use of any of the foregoing.

The Rider hereby agrees to fully and forever release, indemnify, and hold harmless B&B including its affiliates, subsidiaries, parents, successors, franchisees, franchisors and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide the B&B Services, and every sponsor of any of the B&B Services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (hereinafter collectively referred to as the “Released Persons”) from liability for all Claims arising out of or in any way related to the Rider’s use of the B&B Services, Scooters, or related equipment, including, but not limited to, those Claims based on Released Persons alleged negligence, breach of contract, and/or breach of express or implied warranty, except for the Claims based on Released Persons gross negligence or wilful misconduct. Such releases are intended to be general and complete releases of all Claims.

To the fullest extent permitted by law, and as to the Rider’s use of any of the B&B Services, Scooters, or related equipment, B&B and all other Released Persons disclaim all express and implied warranties, including the warranties of merchantability and fitness for a particular purpose. All the B&B Services, Scooters, and related equipment are provided “as is” and “as available,” and the Rider relies on them at the Rider’s own risk.

The Rider is aware that the Rider’s use of any of the B&B Services, Scooters, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to the Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards include, but are not limited to, the Scooters and other objects, pedestrians, traffic, Scooter malfunction, road conditions, weather conditions, failure to follow applicable laws regarding use and/or operation of the Scooter pursuant to Article 4.5, commission of any of the prohibited acts listed in Article 4.8, failure to perform the required safety check pursuant to Article 4.10, the Rider, or third party.

The Rider is solely and fully responsible for the safe operation of the Scooter at all times. The Rider agrees that the Scooters are machines that may malfunction, even if the Scooter is properly maintained, and that such malfunction may cause injury. To the fullest extent permitted by law the Rider assumes full and complete responsibility for all related risks, dangers, and hazards.

To the fullest extent permitted by law, this release and hold harmless agreement include any and all the Claims related to or arising from the sole or partial negligence of B&B, the Released Parties, any Municipality or any other party. The Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which the Rider does not know or suspect to exist in their favor at the time of use of the B&B Services, and expressly waives the Rider’s rights under any statutes that purport to preserve the Rider’s unknown claims.

ACCEPTANCE OF AGREEMENT

I certify that I have read and expressly agree to the terms and conditions of this Agreement, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by Slovenian law.

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