Terms and Conditions of Use of the INNOGY GO! Service
1. These Terms and Conditions of Use define the conditions for the provision of innogy go! services (hereinafter also referred to as the �Service�).
2. The Service consists in the possibility of renting vehicles belonging to the fleet of innogy Polska via the Mobile Application. The Service is provided with the use of vehicles � electric cars with automatic transmission.
3. The Service is provided by innogy Polska S.A. with its registered office in Warsaw, ul. Wybrze�e Ko�ciuszkowskie 41, 00-347 Warszawa, entered into the Register of Entrepreneurs in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under the KRS No. 0000011733, REGON No. 010330646, NIP No. 5250000794, Share Capital amounting to PLN 165,066,000 � paid up in whole (hereinafter referred to as �innogy�).
4. Information about the innogy go! service can be found on the http://www.innogygo.pl website and in the Mobile Application. You can also contact the innogy go! Hotline.� (+48 22 212 60 90).
5. The use of innogy go! services is possible after registration via the innogy go! mobile application on the User�s mobile device (hereinafter referred to as �Mobile Application�).
The Mobile Application is designed for mobile devices such as smartphones, tablets with the Android operating system (5.0 or newer) or iOS (10.0 or newer).
6. The Mobile Application can be downloaded from Google Play (for Android) and App Store (for iOS).
7. The proper use of the Mobile Application Service is possible after connecting a mobile device to the Internet, with the packet data transfer function activated while using the vehicle and continuous operation of the location service.
Access to the INNOGY GO! Service
9. �In order to use the Mobile Application it is required to log in to the user account by entering one�s e-mail address (login) and the password chosen by the User during account registration.
10. �A User Account may be registered by a natural person who meets the following conditions (hereinafter also referred to as the �User�):
a. has held a category B driving licence recognized pursuant to the Polish law for at least 6 months,
b. has a payment card accepted by the tPay company,
c. one�s legal capacity to perform legal acts has not been limited.
11. In the process of account registration in the Mobile Application, it is necessary to:
a. provide the User�s personal data: first name, family name, address, PESEL number or passport number, date of issue, expiry date and number of one�s driving licence, mobile phone number and e-mail address,
b. send a photo of the front side of the driving licence,
c. enter the number of a payment card belonging to the User, with a period of validity not shorter than 40 days from the date of account registration,
d. accept the terms and conditions of use of payment cards,
e. payment of the refundable verification fee in the amount of PLN 1.00, referred to in section 23. Further use of the Mobile Application is free of charge.
12. �Personal data, driving license and photo provided by the User are subject to verification. The photo of the User�s driving license is deleted immediately after verifying the correctness of the entered data.
13. �Should it be detected that the data provided by the User is inconsistent with the content of the documents delivered by the User, the User will be informed about this situation and asked to remove or change them. Innogy reserves the right to request information necessary to complete the registration process from the User.
14. Verification of data must end with a positive outcome for the User to be able to use the service; the User will be informed about it in an email sent to the address provided upon registration.
15. If the User holds a driving licence issued by a country which is not a member of the European Union, he will be asked to send a photo of the international driving licence.
16. �The User must not share its login data with third parties. Should the User violate this obligation, it may be charged with the costs of the Service and this may result in charging additional fees related thereto.
17. In the case when third parties have acquired data referred to in Section 17, the User is obliged to notify innogy immediately by contacting the innogy go! hotline (+48 22 212 60 90). innogy will block the User�s account immediately after receiving the above information from the User.
18. If the data provided upon the registration of the User�s account change (in particular its personal data and payment card data), the User is obliged to update the data in the Mobile Application. This may imply renewed card verification as described in Section 23.
19. The user may unregister the account at any time, except for the duration of the rental. The deregistration of the Service can be done via e-mail or by sending a form, constituting Attachment 1 to these Terms and Conditions of Use.
20. Payments for the innogy go! Service are only possible through the use of cashless payments and is possible after providing payment card data and its positive verification. The data of your payment card are not stored by Innogy but only by the cashless payment operator (hereinafter referred to also as tPay).
21. The use of the innogy go! service requires the acceptance of the terms and conditions of the mobile payment operator, i.e. tPay.com Krajowy Integrator P�atno�ci S.A. (ul. �w. Marcin 73/6, 61-808 Pozna� NIP: 7773061579 REGON: 300878437 KRS: 0000412357).
22. Refusal to accept the terms and conditions referred to in section 21 above or their update will make it impossible for tPay.com to settle the rental fees, rendering the use of the Service impossible.
23. Failure to provide the User�s payment card data precludes the use of the Innogy go!� service. The payment card is verified by charging the User�s account with the amount of PLN 1.00. After correct verification, this amount is returned to the User's account.
24. Payments for the innogy go! service are made by charging the User�s payment card after the rental ends.
25. The charges collected from the User for the provision of the innogy go! service are based on the current price list of the innogy go! service, published on the http://www.innogygo.pl/ website and in the Mobile Application.
Booking a vehicle
26. In order to use the Service, it is necessary to book a vehicle in advance through the Mobile Application.
27. To obtain approximate information about the distance between the User and the selected vehicle, one must select one of the vehicles available in the Mobile Application.
28. Booking a vehicle is performed by pressing the �Book� button in the Mobile Application. From that moment on, 15 minutes will be automatically counted for reservation. It is possible to extend the time for booking once, adding additional 5 minutes. If the booked vehicle will not be opened by the User during this time, the booking will be automatically cancelled.
29. Vehicles are identified by their registration numbers.
30. The User is entitled to cancel reservation prior to the lapse of time referred to in Section 28, however one will be asked to provide the reasons behind the resignation.
Start and end of the Rental period
31. Opening a vehicle is possible only through the Mobile Application and is done by scanning the QR code on the car (this is tantamount to an order with the obligation to pay).
32. Opening the vehicle is tantamount to the conclusion of the vehicle rental agreement by the User.
33. Before starting to drive, the User is obliged to:
a. read with the abbreviated instruction manual of the vehicle provided in the Mobile Application or inside the vehicle,
b. check that the following are in the vehicle:
� fire extinguisher
� warning triangle
� first-aid kit
c. in accordance with the Mobile Application guidelines, submit an assessment of the vehicle, its technical condition and cleanliness.
34. Reporting deficiencies in the vehicle�s equipment should be performed by calling the Hotline (+48 22 212 60 90). In the event when such deficiencies do not affect road traffic safety, the User may decide on to whether to continue the rental or withdraw from it. The decision to withdraw from the rental agreement must be made within 3 minutes from the moment of opening the vehicle and before starting the car by pressing the START/STOP button. In such a situation, any fees charged will be returned. After 3 minutes, the right of withdrawal referred to above shall not apply.
35. In the case when the User leaves the vehicle but intends to continue using the vehicle, it does not have to finalize the rental and may use the �Stopover� function in the Mobile Application. This service is charged according to the price list (stopover fee).
36. Ending of the rental of a vehicle is done by using the �End rental� option in the Mobile Application. This requires connecting one�s mobile device to the Internet.
37. The User is entitled to park the vehicle in designated Paid Parking Zones in Warsaw, without the obligation to pay any fees for such parking. Under the Act of 11 January 2018 on electromobility and alternative fuels, electric cars are exempt from this fee.
38. The user is obliged to terminate the rental in a proper way. The termination of the rental is deemed proper when the vehicle has been parked in Warsaw in publicly accessible premises, in the area of innogy go! service availability, indicated in the Mobile Application.
39. Each case of ending the rental on private premises and failing to return the vehicle will be reported to the Police and treated by innogy as theft or appropriation of the vehicle by the User.
40. The User may not end rental:
a. In locations where parking is limited in time or requires meeting other conditions (e.g. parking zones intended exclusively for residents)
b. In an unlawful manner or on green areas,
c. in private parking areas (i.e. shopping malls), within the area of housing estates or private property (including ones owned by the User),
d. in underground parking lots,
e. outside of Warsaw.
41. In the case when the User fails to observe the provisions indicated in Point 40, additional fees may be charged in connection with improper termination of the rental and the necessity to transfer the vehicle to another location. Also, the User will be charged with the costs resulting from imposed tickets or parking fees.
Vehicle usage rules�
42. The User can rent the vehicle for a maximum of two days, but innogy reserves the right to charge fees after each completed rental day. If it is not possible to debit the User�s account, innogy has the right to terminate the rental remotely.
43. While using the Innogy go! Service, the User undertakes to:
a. observe the principles indicated in the Terms and Conditions as well as in the Mobile Application,
b. respect applicable law and take care of observing road traffic safety rules,
c. follow the instruction manual provided inside the vehicle.
44. In the case when the User fails to observe Point 43 or when it is suspected to have appropriated or stolen the vehicle, innogy is entitled to terminate the rental in a remote manner, and, if it deems it is necessary, to notify the relevant law enforcement authorities.
45. The User should perform available updates of the Mobile Application in order to ensure it works correctly.
46. Each vehicle is equipped with a GPS device that allows the location of the route of the vehicle.
47. By accepting the current Terms and Conditions of Use, the User grants consent for monitoring the vehicle�s location and route during the rental period.
48. In the situation when it is impossible to transmit packet data or when there is no power supply, the Mobile Application will not work.
49. The User is obliged to use the handbrake after ending the drive.
50. The User may not:
a. make the vehicle available for driving to a third party, i.e. other than the User,
b. smoke or use electronic cigarettes in the vehicle,
c. consume or drive the vehicle after consuming alcohol, drugs or other intoxicants which may affect the ability to drive,
d. participate in races, car tests or rallies or tow other vehicles,
e. in any way modify any components of the car or its equipment, including placing any markings or advertising carriers,
f. make any repairs, alterations or servicing on its own,
g. leave the borders of the Republic of Poland with the vehicle,
h. allow for a situation in which there are more than maximum permitted number of persons in the car, i.e. four,
i. transport animals outside of one�s own pet carrier transport box,
j. carry loads the weight of which exceeds the maximum loading capacity of the vehicle amounting to 320 kg.
k. open the front lid of the car (allowed only during a 24-hour rental after prior contact with the Hotline: +48 22 212 60 90 in order to charge the vehicle by the User himself.)
51. The vehicle may not be used:
a. for driving lessons,
b. for parcel delivery services,
c. for the transport of hazardous substances,
d. in rallies, races, sports tests,
e. as a prop.
52. The User is liable for any damage caused by persons or animals travelling with him in the vehicle.
53. The User is solely liable for respecting the road traffic and administrative regulations. innogy is obliged to transfer the User�s data to the authorities conducting tort proceedings.
54. Before starting a drive, the User has the opportunity to verify in the Mobile Application the level of vehicle�s battery charge (estimated range of the vehicle). innogy ensures that vehicles will be able to travel a minimum of 20 kilometres (i.e. the estimated range of the vehicle will at least to 40 km). If, during the rental period, the estimated range of the vehicle drops below 20 km, the User is obliged to immediately and correctly terminate the rental or to connect the vehicle to an innogy charging station before the end of the rental. innogy charging stations are marked on the application map. innogy charging stations are equipped with cables.� �
55. Vehicles in the fleet of innogy go! are equipped with devices that allow monitoring the location of the vehicle, its speed, operation of the engine, as well as the battery charge level or the driving style.
56. Innogy reserves the right to block the User's account whenever:
a. the User is in arrears with the payments payable to Innogy,
b. the User uses the vehicle for an unintended purpose,
c. repeated cancellations of vehicle bookings,
d. law violations have been detected.
Vehicle usage fees
57. The use of the innogy go! service is chargeable and involves the payment of a fee charged according to the applicable price list. The fee is charged on the basis of the rental time, in particular the time in which the User is driving the vehicle (fee per minute) and when the vehicle is at a stopover. No fee is charged for driven kilometres.
58. The User may also be charged with the additional fees referred to in sections 76, 77 and 78 of these Terms and Conditions of Use.
59. The vehicles are charged at the charging stations by the innogy go! service staff. The charging cost is included in the vehicle usage fee. The User can also charge the vehicle on his own by connecting it to public charging stations.
60. In the case of a minimum daily rental, the User may, after contacting the Hotline, gain access to the 230V charger, which he can use, but without the right to reimbursement of charging costs.
61. �After ending the rental, the User will find information about the fees charged for the use of the vehicle in the Mobile Application in the History tab together with an electronic invoice documenting the fees charged, to which the User agrees.
62. The User�s account balance and settlements are available in the Mobile Application as well.
63. As part of marketing activities and the loyalty programme, the User may receive discounts, free minutes etc. Rules governing allocating them will be described in detail individually per each such program.
64. Payments are processed automatically via tPay.com. In the case of lack of sufficient funds on the payment card or if it is not possible to make the cashless payment for another reason, the User will be asked to enter the details of another payment card.
65. If there are any arrears in payments, the possibility of making further bookings of vehicles will be blocked until the arrears are settled.
66. innogy is entitled to claim its receivables and to charge interest under the general rules.
67. innogy is entitled to change the price list of services. An updated price list will be always published in the Mobile Application and on the website of Innogy go!. The User has the right to end the rental, in accordance with the price list valid at the beginning of the rental.
68. The User may submit complaints regarding the Service by e-mail to the address: email@example.com or by mail to the address.
69. The complaint will be considered by innogy within 30 days from the date of its receipt. If innogy will not respond to the complaint within the time limit indicated in the previous sentence, it shall be deemed to have accepted the complaint. innogy will reply to the complaint of the User via e-mail or by mail.
70. The complaint should include:
a. first name and family name, e-mail address and/or phone number of the User assigned to the account in the Mobile Application,
b. data allowing the identification of the drive, e.g. the invoice number or the date and time of the rental and the vehicle licence plate number or the side number of the vehicle,
c. description of facts and justification of the complaint
d. if the User finds it useful with respect to the consideration of the complaint, photographic documentation may be attached.
Vehicle damage and User responsibility
71. The User is responsible for damage of the vehicle caused by the User�s fault. In the event of damage to the vehicle (inside or outside), the User is obliged to contact the innogy go! Hotline (phone number +48 22 212 60 90) immediately.
72. The costs of completing the equipment in the vehicle or removing the damage of the vehicle, which may be imposed onto the User, are indicated in sections 76 and 77 of the Terms and Conditions of Use.
73. The User is exempt from the liability for theft of the vehicle (subject to the next sentence) as well as for damage or destruction of the vehicle as a result of action, accident or collision caused by a third party (without self-inflicted fault) or forces of nature (e.g. storm, flood).
74. The User is responsible for the theft of the vehicle if it was not properly closed during the rental period or after ending the rental.
75. �The vehicles are covered by AC (comprehensive insurance), OC (third party insurance) and NNW (personal accident insurance) motor insurance (NNW with the insurance amount of PLN 10,000). The User is obliged to familiarise himself with the insurance conditions and their observance as the User of the vehicle. Insurance conditions are available at www.innogygo.pl. In the event of damage to the vehicle, if a given policy does not fully cover the damage � innogy has the right to submit its claims to the User under the general rules provided for by law. The AC motor insurance policy does not cover the following situations in particular:
a. damage to the vehicle while driving after consuming alcohol, after using drugs or other forbidden substances
b. damage to the vehicle resulting from violating traffic regulations or when the User does not hold a driving licence accepted under the law,
c. damage to the vehicle, whether caused deliberately or through gross negligence,
d. an event during which the User escaped from the scene of the accident,
e. when the insurer declined the payment of damages due to the failure to comply with the obligations, such as filling in a statement on a road traffic incident,
f. damage caused when the person driving was not the User who booked the vehicle,
g. damage arising from the use of a vehicle whose poor technical or defective equipment may cause danger to road traffic,
h. crossing the borders of the territory of Poland with the vehicle.
Penalties and additional fees
76. The User will be requested by innogy to pay or return to innogy all fees, penalties or tickets resulting from parking the vehicle in prohibited places referred to in section 40 of the Terms and Conditions of Use. The only exception is when the User proves that the above payments were made through the fault of innogy or when under provisions of law the User is not responsible for them.
77. The User shall pay the following additional fees:
a. smoking tobacco products in a vehicle, use of electronic cigarettes, consumption of alcohol, consumption of intoxicating substances, including drugs: 700.00 PLN;
b. soiling of the interior in such a way as it requires the vehicle to be taken out of service for cleaning purposes: 300.00 PLN;
c. making the vehicle available for driving to a third party: 1000.00 PLN;
d. loss of vehicle equipment (car warning triangle, fire extinguisher, car carpet, first aid kit): for each piece of equipment according to the manufacturer's price list plus 100 PLN;
e. loss of cable for charging in the 230V socket: 2,000.00 PLN;
f. loss or destruction of the registration plate: 300.00 PLN;
g. termination of rental in a prohibited place (e.g. on private property) or abandonment of the vehicle: 300.00 PLN and, in addition, the full value of the costs incurred as a result of the incident;
h. making the Customer's data available to authorized entities on the basis of section 78 of these Terms and Conditions of Use, e.g. during penalty notice proceedings: 100.00 PLN;
i. leaving the vehicle without closing it with the Mobile Application: 500.00 PLN;
j. causing a road accident through the User�s fault: 1,000.00 PLN (without prejudice to the possibility of charging the User with any other costs in the cases referred to in section 75).
k. transporting animals without an own pet carrier transport box: 1,000.00 PLN;
l. leaving the borders of Poland: 1,000.00 PLN;
m. towing another vehicle: 1,000.00 PLN.
78. If the amount of the additional fee does not fully cover the given damage, innogy reserves the right to demand additional compensation. The compensation referred to in the previous sentence shall be claimed in accordance with the general rules.
Operational problems and the technical Hotline
79. The User reports operational problems by phone, contacting the innogy go! Hotline available at number: +48 22 212 60 90.
80. In the event of operational problems, further rental can only be continued with the consent of the innogy go! Hotline.
81. The user is obliged to inform the innogy go! Hotline immediately ( +48 22 212 60 90) about and observe instructions received from the Hotline in the case of:
a. a collision involving the vehicle,
b. suspected theft of a vehicle or an attempt to steal the vehicle,
c. noticing any vehicle breakdown,
d. problems with closing or opening the vehicle,
82. In the event of problems with closing the vehicle in a correct manner, the User is obliged immediately contact the innogy go! Hotline, make all efforts to safeguard the vehicle, staying next to it until a maintenance technician arrives. innogy undertakes to immediately take steps to relieve the User from the obligation referred to in the previous sentence.
83. In the event of confirming a breakdown during the use of the vehicle, the User is obliged to protect the vehicle against further damage and to take care of traffic safety. Then he should immediately contact the Hotline. Next, a Hotline employee will evaluate the condition of the vehicle and decide whether the use may be continued, only when the breakdown does not endanger the safety of the User and other traffic participants.
84. Disputes or misunderstandings that may arise during the performance of the Agreement � provision of the innogy go! service or arising in connection therewith, which cannot be resolved amicably by the Parties, will be dealt with by a competent common court. With the separate consent of the Parties, disputes may be resolved by a permanent consumer arbitration court, e.g. the Permanent Consumer Arbitration Court at the Mazovian Voivodship Inspector of the Commercial Inspectorate in Warsaw (website: http://www.spsk.wiih.org.pl/).
85. The agreement between the Parties is governed by Polish law.
Consumers' Right of Withdrawal
86. A User who is a consumer within the meaning of the Polish Civil Code has the right to withdraw from the agreement concluded as a result of activating an Account in the Mobile Application for the purpose of implementing the Service within 14 days of its conclusion, with the reservation that the User is obliged to pay for the completed rentals. The User receives a refund of the registration fee. The User may withdraw from the agreement by submitting a statement of withdrawal to innogy via the e-mail address: firstname.lastname@example.org. The statement may be submitted on the form, attached as Annex 1 to the act, referred to in the section 87 of the Terms and Conditions of Use, but the use of the form is not obligatory. In order to comply with the withdrawal period, it is sufficient to send information on the exercise of the right of withdrawal before the expiry of the period indicated in the first sentence.
87. According to Article 38 (12) of the Act of 30 May 2014 on consumer rights, the User is not entitled to withdraw from the concluded vehicle rental agreement.
Attachment 1 to Terms and Conditions of Use of the INNOGY GO! Service
STATEMENT OF WITHDRAWAL FROM THE AGREEMENT
(you have to fill in the form and send it back only if you wish to withdraw from the agreement)
innogy Polska S.A.
Wybrze�e Ko�ciuszkowskie 41
00-347 Warszawa, e-mail: email@example.com
I __________________________________ hereby inform about my withdrawal from the agreement for the provision of the innogy go! service.
Date of conclusion of the agreement:
First and last name of the User:
Date and signature of the User