GENERAL TERMS AND CONDITIONS FOR USE OF VAU SERVICES

Last Updated: 22-03-2025

These General Terms and Conditions (“Terms”) govern the use of the VAU app (“VAU App”) and the rental of scooters or mopeds (“E-scooters”) provided by VAU S.r.l. (VAU), a private limited liability company, located at VIA LINFANO 52 ARCO (TN) Italy 38062, registered in the Trade Registry of the Chamber of Commerce under number TN - 246813 VAT IT02746520226, or any of its affiliated companies (“VAU”, “we”, “our”, or “us”) through the VAU App (also referred to as “VAU Ride App”). These Terms form the agreement between VAU and the customer (“you”, “your” or “Customer”) regarding the use of the VAU App and the rental agreements of VAU E-scooters facilitated through the VAU App. VAU’s Customer support is available at +39 3492910298 or via email at info@myvau.com.

Any mention of "Price List" in this document refers to Section "14 Price List".

PLEASE CAREFULLY THESE TERMS CAREFULLY BEFORE USING VAU SERVICES IN YOUR COUNTRY. YOUR USE OF VAU SERVICES, INCLUDING ACCOUNT CREATION AND E-SCOOTER RENTAL, IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE VAU SERVICES.

Before using the services, you must independently check for any updates to this agreement on the website myvau.com. Each time you use VAU services, you acknowledge that you have accepted all terms valid at the time of use and agree to comply with them.

1.VAU App or VAU Ride App

1.1.1. Any use of VAU Services is contingent on the creation of a personal account within the VAU App (“User Account”). You may maintain only one User Account within the VAU App. VAU may refuse the creation of a User Account if there are reasonable grounds to believe that it will be used in violation of these Terms.

1.1.2. In order to create a User Account within the VAU App, you must have a mobile phone or tablet that meets the technical requirements for the VAU App. The app automatically checks if your device meets these requirements when downloaded. VAU does not guarantee compatibility of your device with the app. You are solely responsible for any mobile (data) communication usage and the costs charged by your provider.

1.1.3. To create a User Account, we will request certain personal data from you (e.g., first and last name, email address, date of birth, mobile phone number) (“Your Personal Data”); your preferred method of payment and related personal data for payment processing (“Payment Profile”); and any other information or documents deemed necessary and marked as mandatory by VAU for your use of our Services (“User Account Information”).

1.1.4. Mobile Phone Verification for User Account Creation. To create a User Account, we will verify your mobile phone number. You will need to enter your phone number, and we will send you an SMS with a code that must be entered in the application for successful verification and to continue using the app. By agreeing to these terms, you consent to receive SMS messages for verification purposes, as well as for marketing and other purposes.

1.1.5. VAU is not liable for any limitations or inaccuracies in the VAU App caused by unforeseeable circumstances, including but not limited to mobile data communication issues, network congestion, or planned maintenance.

1.2. Driving License Validation

1.2.1. By agreeing to these Terms and completing the creation of your User Account, you affirmatively declare and confirm that you are at least eighteen (18) years of age and possess a valid driving license in category A or B, or an equivalent foreign permit. This confirmation is a critical and binding part of this agreement.

1.2.2. To verify the authenticity, expiration date, and classification (category A, or B) of your driving license, or its equivalent as a foreign permit, and to confirm it belongs to you (“Validity”), you will be required to submit to us, within the VAU App, copies of the front and back of your driving license along with a selfie. This selfie is used to verify that you are the holder of the driving license you are registering with. The Validity will be checked and validated by an external supplier (“Validation Supplier”) hired by VAU specifically for this process (“Digital Validation Process”). In instances where the Digital Validation Process is unable to confirm the Validity of your driving license, it may instead be manually verified by an authorized member of our Customer Support team or by the Validation Supplier. For detailed information on how we collect, use, and store Your Personal Data during the Digital Validation Process, please refer to our Privacy Statement, available on the VAU website.

1.2.3. You are individually and independently responsible for ensuring your driving license has the necessary category/class for riding a VAU E-scooter and that you are allowed to use your driving license in accordance with the applicable laws and regulations in the country where you intend to use our Services. You shall be solely liable for any costs, fines, and expenses incurred for non-compliance with the obligations set out in this section and sections 1.2.3 and 1.2.4. 

1.2.4. Whenever you rent a VAU E-scooter, you must possess the original copy of your driving license. Should your driving license expire, be lost, revoked, or no longer in your possession for any reason, you are prohibited from using VAU Services. If you operate VAU Services without a valid driving license, VAU reserves the right to immediately suspend or block your access to your User Account within the VAU App. Additionally, using VAU Services without a valid driving license may result in contractual penalties, as specified in the most recent rates and fees list available on the VAU website (“Price List”), which forms an integral part of these Terms.

1.2.5. VAU maintains the authority to notify law enforcement authorities of any potential fraudulent activities or suspected criminal violations that may arise during the Digital Validation Process.

1.3. Framework Agreement 

1.3.1. By creating a User Account and accepting these Terms, an agreement is established between you and VAU (“Framework Agreement”). The establishment of the Framework Agreement does not create, nor does it include, any obligations for either party to engage in separate usage contracts concerning VAU E-scooters (i.e., utilization of the VAU E-scooters) (“Individual Rental Agreements”).

1.3.2. IF YOU DECIDE TO ENGAGE IN AN INDIVIDUAL RENTAL AGREEMENT, GIVEN THE CHARACTERISTICS OF THE AGREEMENT (I.E., A SHORT-TERM RENTAL OF AN E-SCOOTER), YOU WILL FORMALLY WAIVE YOUR RIGHT TO WITHDRAW (AS ALLOWED BY LAW) FROM SUCH INDIVIDUAL RENTAL AGREEMENT, AND YOU ACKNOWLEDGE THAT THE AGREEMENT WILL BE CONSIDERED EXECUTED IMMEDIATELY UPON YOUR COMMENCEMENT OF THE E-SCOOTER'S USE.

1.3.3. Regarding the Framework Agreement, under the prevailing legal provisions, you are entitled to a fourteen-day period from the date of the agreement to exercise your right of withdrawal (i.e., to rescind your participation in the Framework Agreement), without needing to provide any justification or incur any penalties. This right of withdrawal is considered relinquished by you upon entering into an Individual Rental Agreement.

1.3.4. To exercise your right of withdrawal, you must communicate your decision to withdraw to VAU in writing (via registered mail or email), through an unambiguous statement, prior to the expiration of the withdrawal period outlined in this article.

1.4. User Account Security 

1.4.1. It is crucial for VAU that only the Customer utilizes the Services through their User Account. It is strictly forbidden for third parties to use the Customer's User Account or to operate the E-scooter under the Customer's Individual Rental Agreement. Given the significant risks to VAU associated with such unauthorized use, VAU reserves the right to impose a contractual penalty, as specified in the Price List, both as a deterrent and as compensation for damages resulting from such actions.

1.4.2. You are solely responsible for the accuracy, validity, and completeness of the User Account Information that you provide to us. You must also ensure that this information remains current and correct for the duration of your use of our Services. VAU has the right to verify the User Account Information you have provided. Should VAU find reasonable grounds to suspect that any of the User Account Information is incorrect, inaccurate, incomplete, or fraudulent, VAU reserves the right to suspend, deactivate, or block access to your User Account within the VAU App. In such instances, you agree to cooperate and assist us in performing the necessary checks and verifications to potentially reactivate your User Account or authorize your continued use of our Services.

1.4.3. Your User Account is strictly personal, and you must ensure that your User Account Credentials remain secure. Creating a User Account for a third party or sharing your User Account username and password (“User Account Credentials”) with any third party, including family members, is strictly prohibited. You must change your User Account Credentials immediately if you suspect that a third party has gained access to them, or if VAU requests you to do so to address a potential or actual security threat to your account. VAU reserves the right to impose a contractual penalty, as specified in the Price List, if you share your Account Credentials with any third parties, including family members. You are solely responsible for any losses or damages arising from the disclosure of your User Account Credentials or from any actions or omissions that lead to fraudulent activities on your User Account. If theft, damage, or misuse of VAU E-scooters has been enabled by such disclosure, VAU reserves the right to apply a contractual penalty as stated in the Price List.

1.4.4. If you suspect or detect any unauthorized access to your User Account, you must immediately change your User Account Credentials and/or report the activity as soon as possible to VAU Customer Support within the country where you are using our Services, to allow VAU to take appropriate actions to prevent, detect, or terminate any misuse or damage. We will ensure that you are informed about the measures taken to secure your User Account.

1.4.5. Copying or otherwise manipulating the VAU App or access to it is strictly forbidden. Any attempts or actions in this regard will lead to VAU temporarily or permanently suspending your User Account or blocking access to your User Account and/or the VAU App. You will be solely responsible and liable for any damage and loss resulting from any actions or attempts to copy or manipulate the VAU App in any manner.

2. Use of the VAU E-scooter

2.1. E-scooter Availability 

2.1.1. VAU E-scooters are accessible for use within designated areas as specified in the VAU App. 

• Service Area (“Ride Area,” “Ride Zone”) is marked in green in the VAU App. This is the area where VAU services can be used. Traveling outside this zone is strictly prohibited.

• Parking Area (“VAU Parking Station,” “Parking Zone,” “Parking Area”) is marked in blue in the VAU App. This is where you can start and end your scooter rental (initiate and terminate the Rental Agreement).

• No-Go Area (“No-Go Zone”) is marked in red in the VAU App. Entering this zone is strictly prohibited, as it may also be restricted by traffic regulations.

2.1.2. VAU retains the authority to modify the Areas at its discretion. Changes to  any Area will be updated and communicated through the VAU App.

2.1.3. Our Services can be reserved anytime during the working hours specified in the VAU App. Working hours can be changed by VAU unilaterally at any time. VAU does not guarantee continuous and uninterrupted availability of our Services, which may be affected by scheduled or unscheduled maintenance, upgrades, urgent repairs, or other circumstances as determined by VAU periodically.

2.2. E-scooter Reservation 

2.2.1. Before finalizing the Individual Rental Agreement, you may reserve, at no cost, our E-scooters via the VAU App (“Reservation”). A Reservation is only possible for E-scooters shown as available within the VAU App.

2.2.2. An E-scooter can be reserved for free for up to 5 minutes before finalizing the Individual Rental Agreement (“Reservation Term”). VAU reserves the right to limit the number of consecutive free Reservations per Customer, and to unilaterally change the duration of the Reservation Term for any subsequent Reservations. Any such changes will be communicated within the VAU App.

2.2.3. The Reservation Term may be extended for a fee as outlined in the Price List (“Extended Reservation Term”).

2.2.4. If, upon the expiration of the Reservation Term or the Extended Reservation Term, you choose not to proceed with the Individual Rental Agreement, the Reservation will automatically terminate, and the VAU E-scooter will be marked as available for use again in the VAU App.

2.2.5. VAU reserves the right to decline a Reservation if the selected E-scooter is unavailable or not ready for use for any reason as determined by VAU periodically.

2.3. Conclusion of the Individual Rental Agreement – Starting the Ride 

2.3.1. An Individual Rental Agreement commences the moment you unlock the E-scooter using the VAU App to initiate your ride and concludes when a new rider starts a ride by selecting the 'start ride' ( 'start the ride') option, followed by an automatic confirmation that the ride has ended, as displayed in the VAU App. The rental of the vehicle continues until another rental of the same E-scooter begins. The Individual Rental Agreement is only considered terminated i) after receiving the confirmation that the ride has ended ("Ride End Confirmation") and ii) once the obligations outlined in Article 2.6.3 are fulfilled as described in Article 2.6.4. If you leave the VAU E-scooter without having received the Ride End Confirmation, the Individual Rental Agreement remains active, and you will be charged for the use of our Services, unless the failure to receive a Ride End Confirmation is due to circumstances beyond your reasonable control, in which case you will be reimbursed proportionally for any additional costs paid for the use of our Services.

2.3.2. You are prohibited from allowing or enabling third parties to use VAU Services or to enter into Individual Rental Agreements through your User Account (“Unauthorized Use”). Should VAU reasonably suspect an Unauthorized Use, VAU reserves the right to apply contractual penalties as specified in the Price List, and hold you liable for any additional costs and damages incurred by VAU due to the Unauthorized Use.

2.3.3. Before entering into the Individual Rental Agreement, Customers must review the applicable Terms at that time and obtain necessary information from the VAU website. Customers must also ensure that the E-scooter's available range is sufficient to park the E-scooter in a Area at the conclusion of the Individual Rental Agreement.

2.4. Reporting Damages 

2.4.1. Before using our E-scooters, either prior to or at any point during the conclusion of the Individual Rental Agreement, you are required to carefully inspect the VAU E-scooter for any visible defects, damages, or serious soiling (“Damages”). Such Damages must be reported before finalizing the Individual Rental Agreement and using our Services, either through the VAU App or by contacting our Customer Support team using the contact details provided in the VAU App. Without such notification, the E-scooter will be considered to have been received by you in undamaged condition. If Damages have already been reported by previous Customers, as indicated in the current damage list within the VAU App, and no additional Damage reports are made by you, VAU reserves the right to regard this list of damages as accurate.

2.4.2. If the E-scooter you are using appears defective either before or during your use, you must immediately stop using the E-scooter, notify VAU, and adhere to any instructions given by VAU.

2.5. Compliance 

2.5.1. Throughout your use of our Services, you are individually responsible for adhering to all applicable laws and regulations in the country where the Services are being used. This includes, but is not limited to, wearing helmets and complying with relevant traffic and parking rules. You must also follow VAU's instructions and policies as they are provided from time to time.

2.5.2. Failure to fulfill these obligations may lead to fines, penalties (including contractual penalties as specified in the Price List), the loss of your driver's license, and/or the immediate termination of your Framework Agreement and any Individual Rental Agreements.

2.5.3. By agreeing to the Framework Agreement and the Individual Rental Agreement, you commit to treating the E-scooters provided to you with proper care and diligence, ensuring their safety and security at all times.

2.6. End of the Individual Rental Agreement

2.6.1. As stated in clause 2.3.1, the Individual Rental Agreement will only be considered completed upon your receipt of the End of Ride Confirmation.

2.6.2. In addition to the termination conditions outlined in clause 2.6.1, VAU reserves the right to unilaterally and immediately terminate the Individual Rental Agreement and the Framework Agreement if, upon assessing the circumstances, such action is deemed necessary and reasonable.

2.6.3. The Individual Rental Agreement can only be terminated if the E-scooter is parked within the Parking Area, in accordance with VAU's instructions and in compliance with all applicable parking laws and regulations in the country where you use our Services, as detailed in the VAU App or on our website.

2.6.4. To verify your compliance with the conditions set out in article 2.6.3, VAU will require you to take an End of Ride Picture showing the VAU E-scooter clearly and upload it in the VAU App. Your Individual Rental Agreement will only be terminated after you have uploaded the End of Ride Picture in the VAU App or after the assessment of any other proof by the Customer Support team and you have received the End of Ride Confirmation. To ensure that the ride and thus the Individual Rental Agreement has been terminated, you can verify whether the E-scooter has been turned off, as indicated by the lights and display being turned off.

2.6.5. If your ride stops outside the Parking area or Service Area and cannot continue, you must immediately notify our Customer Support team and request that the E-scooter be locked to finish the ride. In such cases, you will be responsible for compensating VAU for any costs associated with returning the VAU E-scooter to the Parking area or Service Area, unless the inability to continue the ride was due to reasons not attributable to you. Moreover, if you intentionally leave the E-scooter outside the Parking area or Service Area in temporary parking mode “Turn Off & Lock” option in the app, or in any manner without properly ending the ride as described in these Terms and Conditions, you will be solely liable for any costs, fines, damages, and fees incurred as specified in the Price List. We reserve the right to terminate rides associated with intentionally left E-scooters and to charge costs, fines, damages, and fees as outlined in the Price List.

2.6.6. VAU may require you to take a photo of the parked E-scooter or provide any other proof to determine if you have parked the E-scooter in compliance with all applicable rules and regulations, including VAU’s instructions.

2.6.7. Any breach of the obligations outlined in this article 2.6 or any applicable laws and regulations may result in administrative or contractual penalties as specified in the Price List.

2.6.8. If for any reason the Individual Rental Agreement cannot be terminated according to the instructions provided in this article 2.6, you must immediately notify our Customer Support team using the contact details provided in the VAU App about such instance, cooperate with our Customer Support team, and follow any provided instructions. If the termination of the Individual Rental Agreement is not due to any act or omission attributable to you, VAU shall reimburse the fees associated with your Individual Rental Agreement on a pro rata basis.

2.6.9. Even after receiving the End of Ride Confirmation, you remain fully responsible for ensuring that the E-scooter is properly parked in accordance with VAU's instructions and all applicable parking laws and regulations. This responsibility remains in effect until the E-scooter is rented again by another user under a new Individual Rental Agreement.

3. Additional Obligations and Prohibitions

3.1.1. By entering into an Individual Rental Agreement for the use of VAU's Services, you agree to adhere to the following obligations and usage restrictions at all times. Specifically:

a) You will operate the VAU E-scooter with care, following VAU’s instructions, applicable road laws, and regulations including traffic and parking rules.

b) You will conclude the rental period and return the E-scooter within the Parking Area in the same condition as received, except for normal wear and tear and battery usage.

c) You will promptly report any damages to the VAU E-scooter to the Customer Support team.

d)  You will turn off the VAU E-scooter during temporary stops within the rental period using the “Turn Off & Lock” option in the app. Additionally, you will turn off the E-scooter at the end of the rental period using the "End my ride" ("End ride") option in the app.

e) You will ensure that the VAU E-scooter is used only when it is roadworthy and operationally safe.

f) You will provide all necessary cooperation to seek compensation from third parties or defend against third-party claims, and complete and sign any required documents in this regard.

g) In the event of accidents, damage, or loss of the E-scooter, you will report to local police, submit a fully completed and signed European Accident form to VAU as soon as possible, and no later than 3 days after the event.

h) When authorities request information about the person who has driven or used the E-scooter, you will provide sufficient assistance and cooperate with VAU upon request.

i) You will stop immediately if a warning light on the dashboard is illuminated and contact the Customer Support team to determine if you can continue your ride.

j) You will not ride the VAU E-scooter if you do not meet the requirements for using our Services as stated in these Terms, such as not being of the statutory age for driving a moped, not possessing a valid moped certificate or a driving license required to operate a VAU E-scooter in the country of use, or if you are otherwise unauthorized to use our Services.

k) You will not operate the VAU E-scooter under the influence of alcohol, drugs, or medication that could impair your ability to ride. A strict zero-tolerance alcohol policy applies, requiring a blood alcohol content of 0.0‰.

l) You will not use the VAU E-scooter for cross-country drives, off-road driving, motorsport events, or any form of racing, either on public roads or racetracks, or for practicing for such activities, or to participate in speed, regularity, or agility driving competitions.

m) You will not use or park the VAU E-scooter on unpaved roads, areas that are periodically locked or inaccessible (e.g., at night), or on private property or in other areas unsuitable for the E-scooter.

n) You will not rent out the VAU E-scooter or allow any third parties to use the E-scooter through your User Account.

o) You will not use the VAU E-scooter for vehicle testing, driving lessons, or commercial passenger transport.

p) You will not use the VAU E-scooter to transport highly flammable, toxic, or otherwise hazardous substances in quantities significantly exceeding normal household amounts.

q) You will not transport objects, persons, or substances with the VAU E-scooter that due to their nature, size, shape, or weight, compromise driving safety or may damage the E-scooter (the maximum acceptable load is 150 kg).

r) You will not use the VAU E-scooter for courier services or other commercial transportation.

s) You will not use the VAU E-scooter to commit offenses or crimes.

t) You will not carry more passengers than permitted by the registration certificate.

u) You will not conduct repairs or modifications to the VAU E-scooter yourself, or allow others to do so during your Individual Rental Agreement.

v) You will not use the VAU App or your User Account to scrape information (e.g., number of vehicles, number of rides). If VAU suspects any such actions by you, VAU reserves the right to permanently or temporarily block your access to your User Account and take any legal actions deemed necessary.

4. Fines & Administrative Costs

4.1. You will be solely responsible and liable for any fines, fees, penalties, costs, and applicable charges imposed by government or law enforcement authorities, including but not limited to parking fines or violations of traffic regulations, or for any improper, unlawful, or non-compliant use of VAU E-scooters, as well as any fines, fees, penalties, and costs specified by VAU in the Price List due to actions or omissions that breach these Terms (“Fines”).

4.2. Should VAU pay any Fines on your behalf, you are obligated to immediately reimburse VAU for such payments and any related expenses incurred by VAU in managing these payments. VAU may deduct such Fines and associated costs from your selected payment method. If this deduction is unsuccessful, for example due to insufficient funds, VAU reserves the right to demand immediate payment of the Fines from you.

4.3. Administrative Fees: You will also be liable for a reasonable administrative fee for any violations related to the Rental Agreement, including all fines, penalties, interest, appeals, and court costs for parking, traffic, toll, and other violations. This administrative fee will not be refunded even if the fine is later nullified by the prosecuting authorities.

- For the 1st invalid picture, you will receive a warning via customer service.

- For the 2nd invalid picture, you will receive a final warning before a fine is imposed.

- For the 3rd invalid picture and any subsequent invalid pictures, a fine will be issued.

The fine amount is set at 25 EUR, comprising a 15 EUR fine and 10 EUR in administrative costs.

4.4. Should you submit invalid parking photos, which are defined as images not depicting a VAU scooter, such as pictures of shoes, the sidewalk, blurry images, a hand, etc., or images that fail to clearly display the license plate of the moped, you will be subject to a fine including administrative costs:

- For the 1st invalid photo submission, you will receive a warning through customer service.

- For the 2nd invalid photo submission, you will receive a final warning before a fine is imposed.

- From the 3rd invalid photo submission onwards, you will incur a fine.

The fine is set at 25 EUR, consisting of 15 EUR in fines plus 10 EUR in administrative costs.

4.5. In the event that you park a scooter incorrectly, specifically in a prohibited area, the following penalties will apply including administrative costs:

For the first instance of incorrect parking, you will receive a warning.

For the second instance, you will be fined.

For the third instance, your access to the VAU platform will be suspended.

The fine for incorrect parking is 70 EUR, broken down into 50 EUR for the fine and 20 EUR for administrative costs.

4.6 While using the VAU services, you agree not to enter any areas designated as "No-Go Zones" in the VAU App, which are marked in red color. If you enter these prohibited zones, VAU reserves the right to impose a penalty of 100 Euros against you.Additionally, you may be subject to administrative fines from police or city authorities.

5. Fees, Payments, Disputes and Debt Collection

5.1 Fees

5.1.1. By entering into an Individual Rental Agreement, you consent to the per minute fee ("Fee"), which VAU may update periodically, for utilizing our Services as specified in the Price List and shown on the VAU website and in the VAU Ride App.

5.1.3. If you are unable to lock the E-scooter and thus conclude a ride for reasons not of your doing, VAU may, at its discretion, opt to refund the unused minutes from the duration of your Individual Rental Agreement. In such an instance, it is imperative to contact the VAU Customer Support team without delay.

5.1.4. At the conclusion of each ride, the VAU Ride App will provide a summary of your ride and the assessed Fee for that specific journey. If relevant, this summary may also include a fee for Extended Reservations.

5.2 Payment

5.2.1. To issue an Invoice for the use of our Services, you have to contact VAU support before starting your ride.

5.2.2. Payment must be made using the methods available in the VAU Ride App, specific to the country where the services are accessed. VAU may, at its discretion, suspend, alter, or replace certain payment methods within the VAU Ride App. You can select or change your preferred payment method at any time during the term of the Framework Agreement, but this must be done within the VAU Ride App.

5.2.3. If your payment fails to process for reasons such as insufficient funds or outdated/incorrect payment profile details, VAU reserves the right to suspend your User Account until the payment is resolved. Should you fail to settle the outstanding payment within the timeframe set by VAU and communicated to you, VAU may assign the debt to a collection agency. You will be responsible for any costs and fees incurred from this debt collection process.

5.2.4. Payment for services can be made by topping up your VAU Wallet within the VAU App. The minimum top-up amount is 15 EUR. You agree to the automatic top-up of your VAU Wallet by 15 EUR each time its balance falls below zero. The minimum VAU Wallet balance required to start a rental is 1 EUR.

6. Accidents 

6.1. In the event of an accident, you are required to immediately report and register the accident with the local police (that has jurisdiction). Should the police decline to record the accident details for any reason, you must inform VAU’s Customer Support within three days at the latest, using the contact information provided in the VAU Ride App or on the VAU website, and submit any relevant evidence of the incident. You are required to consult with the Customer Support team on the next steps and adhere to any instructions given. This requirement applies whether the accident was your fault or that of another party. You must not leave the accident scene until:

the police have documented the accident details, or you have notified VAU’s Customer Support as stated above;

VAU has been consulted and measures to protect evidence and minimize damage have been implemented;

the VAU E-scooter has been handed over to a repair and recovery service, or has been securely parked or moved by you under our explicit instructions and guidance only.

6.2. Following an accident involving a VAU E-scooter, you are prohibited from admitting liability or making any statements regarding liability. If you do make a statement accepting liability, it will be regarded as solely representing your personal stance. Neither VAU nor its insurers will be held to such a statement or agreement.

6.3. Regardless of whether an accident is caused by your actions or those of a third party, you will be provided with an accident report form to complete following the accident's report. You must fill out this form thoroughly and return either the physical or electronic copy to VAU within seven (7) days. If VAU does not receive the completed accident report form within this timeframe, the incident will not be processed by the insurance company. In such cases, VAU reserves the right to bill you for all costs related to the accident and any resulting damages to people, property, or vehicles. To avoid these charges when possible, VAU may share your contact details with its insurance provider in an effort to obtain the completed accident report form.

7. Insurance

7.1. VAU will maintain any necessary insurances required to operate services under the applicable local laws and regulations, including third-party liability insurance.

7.2. All insurance coverages provided by VAU under these Terms are contingent upon the stipulations of VAU's insurance certificate and/or policy relevant to the specific country where the services are being used at the time of an accident.

7.3. Additional details about VAU’s insurance, including the insurance policies/certificates and their respective coverage terms, can be accessed in the insurance policies located inside VAU scooters. It is strongly recommended that you thoroughly review the applicable insurance policy and terms in the country where you are utilizing our services, as non-compliance with these terms may lead to the denial of your insurance claim.

8. Liability and Indemnification

8.1. VAU's Liability 

8.1.1.  If VAU be found liable, such liability will be limited to the coverage amount paid out by the insurer under the applicable insurance policy, as far as this is permissible under any applicable laws. 

8.1.2. VAU shall not be held responsible for the loss of, or damage to, any personal items that the Customer stores, transports, or inadvertently leaves in or on the VAU E-scooter.

8.2. Your Liability and Indemnification 

8.2.1. You are solely and fully responsible for any direct or indirect losses, damages, and costs incurred that arise from or during your use of our Services. This includes, but is not limited to, any losses, damages, and costs associated with theft or damage to the VAU E-scooter and/or any related accessories, any costs and payments incurred by VAU in the event of accidents, which may include expert fees, recovery costs, or any administrative penalties and fines. 

8.2.2. Any utilization of additional features provided on the VAU E-scooter, such as a mobile phone holder, is entirely at your own risk and expense. You will be solely liable for any costs and damages resulting from the use of these additional features. 

8.2.3. You agree to indemnify, defend, and hold VAU harmless from and against all fines, penalties, claims, actions, liabilities, losses, expenses, damages, and any other costs (including reasonable legal fees) arising directly or indirectly from a) your negligent or intentional misuse of our Services in violation of these Terms; b) your negligent or intentional breach of these Terms; c) any negligent or intentional misrepresentation associated with the content and information you provide through the VAU App; d) any death or injury to any person, or any loss or damage to property resulting from your negligent or intentional use of our Services in violation of these Terms; and e) any fines or other penalties resulting from your negligent or intentional misuse of our Services in violation of these Terms. Your obligation to indemnify VAU shall persist even after the termination of any Individual Rental Agreement and/or the Framework Agreement. 

8.2.4. In the event of a breach of these Terms, VAU may at its discretion decide to temporarily or permanently suspend or deactivate your User Account with immediate effect. VAU will make reasonable efforts to notify you of any such action taken.

9. Termination of the Framework Agreement

9.1. The Framework Agreement is established for an indefinite duration and may be terminated by either party at any time with prior notification to the other party. If you wish to terminate this Framework Agreement, you may request termination by emailing our Customer Support team at the contact details available on the VAU website and/or within the VAU Ride App. Termination will only be effective upon confirmation from VAU to you. Following such termination, your User Account will be deleted or deactivated.

9.2. VAU reserves the right to suspend or terminate the Framework Agreement either permanently or temporarily with immediate effect and without prior notice if you breach these Terms.

9.3. Upon termination, VAU will suspend or deactivate your User Account, block any further access to and use of the Services, and demand the immediate return of any VAU E-scooter in your possession at the time of termination; VAU will take necessary actions to secure the return of VAU E-scooters if still in your possession at the time of termination.

10. Force Majeure

10.1. VAU shall not be held responsible for any loss, damage, or failure in providing Services due to circumstances beyond our control. This includes, but is not limited to, issues such as connectivity failures, power outages, riots, fires, floods, windstorms, explosions, wars, epidemics, pandemics, Acts of God, and legal or governmental restrictions and orders.

11. Privacy and Personal Data

11.1. To deliver our Services, it is necessary for us to collect and utilize certain personal data. For detailed information on how we collect and use your personal data, please refer to our privacy statement, which is accessible on the VAU website and/or within the VAU Ride App.

12. General

12.1. These Terms, the Individual Rental Agreement, and the Framework Agreement shall be governed by the laws of Italy. The courts of Italy shall have jurisdiction to adjudicate any disputes arising from or in connection with these Terms, the Individual Rental Agreement, and the Framework Agreement.

12.2. Should any provision of these Terms be found invalid, unlawful, or unenforceable by any court or competent authority, that provision will be severed from these Terms, with the remaining provisions continuing to be valid and enforceable to the fullest extent permitted by law.

12.3. You may not assign or transfer any rights or obligations under these Terms to any third party at any time. Any such attempt at assignment will be considered void.

12.4. Rights and obligations that inherently should survive the termination or expiration of these Terms, the Individual Rental Agreement, and the Framework Agreement, will continue to be in effect following their respective terminations.

12.5. VAU may amend these Terms from time to time, including the Price List, without prior notice. Such amendments or revisions will become effective from the date they are posted on the VAU website and/or VAU App. Continued use of VAU Services after such changes will constitute your acceptance of the new Terms. You may terminate the Framework Agreement in accordance with these Terms if the amendments are not acceptable.

13. Subscriptions

These General Terms and Conditions ("Terms") govern the purchase and use of the subscription services ("Subscription") offered by VAU S.r.l., a company established under Italian law, registered in the Trade Registry of the Chamber of Commerce under number TN - 246813, with its registered office located at VIA LINFANO 52 ARCO (TN) Italy 38062 ("VAU").

PLEASE NOTE THAT ANY USE OF VAU SERVICES – INCLUDING ACCOUNT CREATION AND RENTAL OF OUR E-SCOOTERS – IS SUBJECT TO YOUR ACCEPTANCE OF VAU'S TERMS AND CONDITIONS.

13.1 Description of Subscriptions and Time Packages

13.1.1. VAU offers a pay-per-minute pricing model or a time package with a specified rental duration.

For detailed pricing information, please refer to the VAU Ride App.
The prices listed in the "Pricing" section are an integral part of this agreement. VAU reserves the right to modify these prices at its discretion. Any changes to the prices take effect immediately upon their publication on the VAU website.

13.1.3. Subscriptions and Time Packages are personal and non-transferable. They are exclusively available to the purchasing customer and cannot be shared or transferred.

13.2. Purchase of Subscriptions and Time Packages

13.2.1. VAU Subscriptions and Time Packages are available exclusively within the VAU Ride App and can only be purchased through it.

13.2.2. Purchasing a Subscription or Time Package requires an active VAU account.

13.2.3. Subscriptions and Time Packages are available for purchase and use by customers in Italy only.

13.2.4. Funds for unused minutes from a Subscription or Time Package, as well as any balance remaining in the VAU Wallet, are non-refundable.

13.3. Duration of Subscriptions and Time Packages

13.3.1. VAU Subscriptions and Time Packages activate upon purchase and remain valid for the indicated period. If the auto-renew option is available, they will automatically renew after the expiration of the current period unless canceled before renewal.

13.4. Payment

13.4.1. Customers are required to pay for VAU services.

13.4.2. In case of payment default, the customer will be blocked from using any services related to the Subscription or Time Package.

13.5. Amendments and Cancellation

13.5.1 VAU reserves the right to modify these Terms as necessary. Any changes or revisions will take effect from the date they are published on the VAU Ride App. These amended Terms apply to both current and new users of the subscription. Additionally, subscriptions may be cancelled by VAU at any time without prior notice.

14. Price List

By agreeing to this contract, you agree to all prices and conditions.

All listed rates and prices include VAT at 22%

• Card verification (the amount will be credited to the user's wallet in the app) - €2

• VAU scooter rental price per minute - €0.25

• Unlocking fee per ride - €0

• You need a positive balance in your wallet to ride. 

• Minimum wallet  top-up is €15.

• Your wallet will be automatically topped up with €15 once it reaches €0.

Our minute packages offer the opportunity to purchase minutes on a prepaid model, ensuring a lower price per minute.

Packages can be purchased in the app and are valid for the duration specified in the package description in the app.

Additional expenses: All listed rates include VAT at 22%.

The amounts specified are fixed amounts based on the average actual costs incurred by VAU in this situation. VAU reserves the right to charge the customer actual costs or damages instead of the fixed amount.

Expenses related to ending the rental period outside the service area or in an inappropriate location (e.g., parking in a non-public place, outside the VAU service area, or parking in an unauthorized location). This amount covers the costs incurred by VAU and its staff to return the scooter to the service area or to relocate the scooter to a public place and/or to tow it.

• Less than 5 km from the service area: €50

• More than 5 km from the service area: €100

• Helmet replacement or electric scooter repair costs (due to damage or loss). Please note that the customer must always check for the helmet’s presence and, if it is missing or the scooter is damaged, immediately contact the service team. If the customer does not do this, VAU will assume that the helmet(s) were in place and that the scooter was not damaged: €50

• Traffic violations are the customer’s personal responsibility and will be charged to the customer. The same applies to the deductible charged by the insurer for damage. VAU also charges the customer administrative fees for handling traffic fines and insurance-related matters. These costs are related to the time spent by VAU staff: €20

• Full loss of the scooter: €3800

• Charging the customer for third-party expenses, such as repair shop costs: According to the third-party invoice

• Charging the customer for fines related to traffic violations: According to the third-party invoice or a fine from the police or the administration and costs are related to the time spent by VAU staff.

• Charging the customer for damage to the vehicle: According to the third-party invoice

• VAU places great importance on ensuring its scooters are not operated under the influence of alcohol or drugs. In addition to the possible fine for this traffic violation, VAU also charges the customer a contractual penalty: €500

• The customer is obligated to honestly provide their contact details when entering into the contract. It is not permitted to use third-party contact details or driver’s licenses; the VAU account is strictly personal. The VAU account or rented scooter cannot be made available to third parties. If it is established that the customer allowed a third party to operate the scooter and/or use the VAU account or otherwise acted fraudulently when entering into the contract, VAU charges a contractual penalty: €500

• After receiving the first warning about improperly parked scooters, upon the second instance of improper parking, the customer receives a fine of €70. This fine consists of a €50 penalty plus €20 administrative costs.

• In the case of providing a third invalid photo, the customer receives a fine of €25. This fine consists of a €15 penalty plus €10 administrative costs.