GENERAL TERMS AND CONDITIONS FOR USING THE GETHENRY APP SERVICE

Last update: 26.02.2020

1 IDENTIFICATION OF PARTIES

The service provider is the following entity that is resident in the country in which the customer uses the vehicle for personal mobility (hereinafter referred to as: “VMP”):

  • Henry Mobility Management GmbH, Rögergasse 24-26/2, Lokal 4-6,
    1090 Wien,  Austria
  • Henry Mobility GmbH, Lohmühlenstrasse 65, 12435 Berlin, Germany (hereinafter referred to as “GetHenry” or “the company”).

Contact information (“SAT”):

E-Mail: info@gethenry.co

Address: 

  • Factory works GmbH
    c/o Henry Mobility GmbH
    Lohmühlenstrasse 65
    12435 Berlin

The renter (hereinafter referred to as “renter”) is a person who is at least 16 years old who uses the service offered by GetHenry, carried out and expressly approved the registration process and accepted these Terms and Conditions. 

To complete the registration process and to be able to use the GetHenry service, the General Terms and Conditions have to be approved by selecting the respective checkbox

2 GENERAL TERMS

These General Terms and Conditions (hereinafter referred to as “Terms of Use) or “General Terms”) govern together with the Special Terms and the enclosed documents the contractual relationship between the parties regarding the rental service of vehicles for personal mobility for use in the city. It is recommended that the renter reads them thoroughly.

The acceptance of the these General Terms assumes the acceptance of the Special Terms and their appendices.

These General Terms, the Special Terms and the appendices can be accessed on the GetHenry website www.gethenry.co and on the mobile GetHenry app. All this may be modified or updated by the company at any time.

The renter will be informed about any updates or modifications of the General Terms, Special Terms and appendices so that they can be accepted according to the provisions of point 16 of these General Terms.

3 DEFINITIONS

For the purpose of these General Terms, the following definitions apply:

  • Renter: the person with a properly validated GetHenry user account and the person who uses the rental services of the vehicle for personal mobility (hereinafter referred to as: “VMP”).
  • Mediator: the company or hotel with which GetHenry cooperates and which declared that they would hand out the Scooters in the name of GetHenry
  • Buyer: the person/company who bought/rented a VMP from GetHenry in order to subrent the VMP to their users.
  • General terms: refer to the sections of this document.
  • Special Terms: the special terms are the clauses that apply to the parties depending on the city in which the service is ordered, as every city has its own particularities and specific local provisions.
    The Special Terms that apply in any case are the ones of the city or place where the service is carried out. The place of the service is determined by the place of delivery of the VMP.
    The Special Terms are complemented by appendices that comprise of the local regulations of the city.
  • GetHenry application: the mobile application or web browser application which is used to manage and utilize the VMP rental service.
  • Website: refers to the page with the URL www.gethenry.co
  • User account: the account created by the renter during the registration process in the GetHenry application, validated by GetHenry and required to conclude a contract regarding the service.
  • VMP: personal mobility vehicle including GPS tracking device, which refers to an electric scooter or another electrically powered vehicle that forms the fleet of GetHenry vehicles together with other VMPs and can be rented by renter for effective use.
  • Service: the service of the VMP rent, which is billed via one of the following methods:
    i) rent billed on the clock or time period, in which the renter uses the VMP effectively. It is clear that the effective use refers to the period from the delivery until the return of the VMP, as described in the terms of use.
    ii) rent per day.
    iii) rent based on a monthly or yearly subscription.
  • City: refers to the city in which the GetHenry services operates and therefore defines the area in which the VMP can be used. The city is specified by the location where the VMP is delivered and provided for use.
  • Business area: refers to the areas or zones in which the VMP can be provided and returned. Usually this term refers to the place of the mediator where the vehicle was taken from.
  • SAT: Customer service which can be reached under the following contact information:
    Phone:
    +43 650 280 96 29 in Österreich
    E-Mail: info@gethenry.co

4. SUBJECT

The contract relationship between the parties is governed by the General Terms as well as the Special Terms and their appendices.

Subject of these General Terms is the regulation of the rental service of the VMPs for the benefit of the renter in the city. The service comprises of the rental of the VMPs for the effective useful life (per ride or per minute) or of a rent per day, month or year.

Through the rental of the VMPs by the renter, the ownership of the VMPs is not abandoned or transferred. They remain the property of GetHenry.

The rental service of the VMPs is subject to the availability of the VMPs. The renter can see the location and availability of the VMPs in the GetHenry app.

5. REQUIREMENTS FOR THE USE OF THE GetHenry SERVICE

The renter has to meet the following requirements to be able to utilize the rental service of VMPs offered by GetHenry:

5.1 Has to be at least 16 years old or has reached the legal age

5.2 Has to have a GetHenry user account

5.3 Has to have experience or minimum skills with driving VMPs and has to be familiar with the operation and the safe handling of VMPs

5.4 Has to have a minimum of knowledge of driving and of the local traffic regulations that are provided to the renter.

5.5 Has accepted these General Terms that include the Special Terms and appendices.

6 RENTER REGISTRATION, USER ACCOUNT

The registration process is free of charge.

To carry out the registration process, the GetHenry app has to be downloaded via the online app stores or on the website or the webapp is used.

After the GetHenry app has been downloaded or the webapp has been opened, a user account has to be created. For this purpose, the registration has to be completed and the information required has to be transmitted. 

It will be necessary to provide information about the selected payment method.

The email address entered during the setup of the user account cannot be changed at a later time.

In case it is required for the type of vehicle rented, GetHenry can request documents, such as the driving license. The renter can transfer these via the GetHenry app or send them by email.

After the registration process has been completed, GetHenry checks the account. When it was confirmed and activated, the renter will be notified immediately.

A renter cannot have more than one user account.

The user account is personal and cannot be transferred. Moreover, the renter has to be the only person utilizing the service. The renter has to take appropriate measures to ensure the confidentiality of the user account information, especially the login data.

In case the login data of the user account are lost or stolen or reasonable suspicion exists that the account is used by a third person, the renter shall inform GetHenry immediately via the contact information provided in these General Terms.

If the renter is at fault (intent or gross negligence), they are liable for all liabilities or damages arising from the use of their user account by a third person.

The renter is obliged to keep the information provided for creating their user account, especially the billing and contact information (except the email addressed entered during the registration process and the selected payment method), up to date. The failure to comply with this requirement entitles GetHenry to suspend the service for the renter.

7 NETWORK ACCESS

The renter needs to connect the device with the Internet to be able to download the GetHenry app or open the Webapp and complete the service via these General Terms.

The renter accepts that GetHenry is not responsible for the quality and availability of the Internet network and that the availability of the service can be impaired by the quality and availability of the Internet connection, which is provided to the renter by their telecommunications provider.

GetHenry gives no performance guarantee for the GetHenry app. It is not part of the performance that the GetHenry app is available, safe or flawless at any time or that minor errors in the software or service will be fixed. In this respect GetHenry does not offer any warranty.

8 NOTIFICATIONS

When creating the user account, the renter accepts that GetHenry can send informative text messages (SMS), emails as well as automated notifications as part of the normal operations.

9 PRICE, PAYMENT METHOD, MEANS OF PAYMENT, INVOICE

9.1 Price

The price of the service depends on the buyer/mediator.

The prices include the taxes applicable to the country in which the city is located.

The prices can vary depending on the category of the rented VMPs.

In case a VMP is returned outside the business area, the additional prices apply that are indicated in the Special Terms of every city.

9.2 Payment method

The price for the service shall be paid as follows:

  1. i) The usage fee (by minutes or effective duration) shall be paid when the VMP is returned to the business area or the usage fee (by minutes or effective duration) shall be added to the renter`s hotel bill, which will be paid when the renter checks out.
  2. ii) The daily rent shall treated like payments in i)

iii) The rent for monthly or yearly subscriptions are paid at the beginning of the subscription period.

9.3 Means of payment

The price shall be paid by the means of payment which is specified in the user account at the relevant time or shall be billed to the renter’s hotel bill. The means of payment are decided by the mediator.

The means of payment that can be selected in the GetHenry app are those which are indicated in the application.

The available payment methods are the following (among others):

  1. i) credit card (Visa, Mastercard or American Express)
  2. ii) bank account (direct debit)

iii) other means of payment that shall be specified in the app.

Additionally, GetHenry can, at its own direction, disburse rewards or bonuses to the renters via e-mail. 

 

9.4 Outstanding payments

In case of outstanding payments to GetHenry, the service shall be automatically disabled for the renter (temporarily), until the pending payment has been fully settled. If the outstanding payment cannot be pursued as set, the contractual relationship shall be terminated and the service shall be canceled permanently.

Payments can be deemed outstanding for credit related to services rendered, for amounts due for damages of the VMP, for fines, sanctions, loss of the VMP or for any other amount the renter owes to GetHenry according to the conditions set in the dispute regulations which can be found in this document.

For the collection of outstanding payments, the following process shall be used, which is free of charge for the renter:

  1. i) First the balance in the credit account shall be used. If this amount is not sufficient, GetHenry is entitled to settle the remaining costs via another payment method configured in the renter account (credit card, direct debit or other method).
  2. ii) In case of the termination of the contract by the renter, the renter has to settle outstanding payments, which are not payable with the balance in the bonus account. GetHenry is in any case entitled to collect the remaining amount via the payment method set in the user account (credit card, direct debit or another method).

If it is not possible to collect the outstanding payments via one of the methods mentioned here, GetHenry is entitled to transfer the claim to a debt collecting agency for collection. GetHenry is entitled to charge the renter for its own and third-party collection measures, insofar they are necessary for the relevant handling and are proportionate to the respective claim.

9.5 Invoice

The pro forma invoice for services will be generated and send to email address the renter provided during login to the application or via their profile in the user account. The renter can request a proper invoice at any time.

Objections to GetHenry`s fees shall be made within 14 days from the postal date of the invoice.

10 DURATION AND TERMINATION OF THE CONTRACT

These General Terms, the corresponding Special Terms and the appendices remain in force between the two parties until the contract is canceled. The contract can be canceled by either party at any time.

As indicated above, the renter can unsubscribe from the service at any time by informing GetHenry in writing to the contact address indicated in these General Terms. 

As soon as the renter has unsubscribed from the service, the user account shall be deleted and the service disabled.

The contractual relationship is dissolved by GetHenry if GetHenry informs the renter about this in any manner or if GetHenry has ceased to provide the service for any reason.

For monthly or yearly subscriptions, the application for revocation of the service shall be made at least 15 days before the next payment of the monthly or yearly fee.

If the renter terminates the service while still having some credit in their credit account, GetHenry shall collect the outstanding payments and return the remaining amount.

In case a renter of a monthly or yearly service cancels the contract while the subscription is still valid, GetHenry shall collect the outstanding payment and return the remaining, already invoiced amount proportionately.

When the contract was terminated due to a breach of the obligations set in these General Terms, Special Terms and appendices, the renter has to accept responsibility for any loss or damage resulting from this breach.

11 TERMS OF USE OF THE SERVICE AND OBLIGATIONS OF THE RENTER

11.1 Rental period

11.1.1 Start: The rental of the service begins as soon as the renter has requested the rent of a VMP via the GetHenry app and GetHenry has confirmed the service.

11.1.2 End: The rent ends as soon as the VMP has been returned correctly. It is clear that the VMP has been returned appropriately when the GetHenry system indicated this in the GetHenry login, as explained in section 11.9 of this term.

11.1.3 During the rental period, the renter is responsible for the VMP insofar that he or she assumes liability for any damage to the VMP that occurred during this period.

11.2 Availability and maintenance

11.2.1 The rental service of the VMPs is subject to the availability of the VMPs.

11.2.2 The availability of the VMPs for the benefit of the use depends on the order of the arrival and inquiry of the renter.

11.2.3 GetHenry makes every effort to meet the demand of the renter for the VMP, can, however, not guarantee that the provision of VMPs is sufficient for all renters at any time, as the service remains subject to the availability of the VMP, as indicated.

11.2.4 GetHenry is responsible for the maintenance and repair of the VMP. However, GetHenry does not guarantee that the VMPs available are free of operating and functional problems

 

11.3 Simultaneous rental of multiple VMPs

11.3.1 In general, the rental of multiple VMPs at the same time by one renter is prohibited.

11.3.2 In case several VMPs have been rented at the same time, the responsibility of the renter set in these General Terms and under the Special Terms are extended to the renter for every VMP. The renter is therefore responsible for the performance of the other VMP drivers.

11.4 Provision of the VMP to the renter

11.4.1 The provision of the VMP takes place in the business area.

11.4.2 The GetHenry app shows the available VMP to the renter and that it was allocated to the service requested.

11.4.3 To release the VMP from the GetHenry anti-theft security system, the renter takes the steps provided in the GetHenry app.

11.4.4 The battery level can be checked in the app. For synchronization reasons, the actual level can deviate from the level indicated in the app

11.5 Inspection of the VMP

11.5.1 After the VMP was provided, the renter shall carry out an inspection to ensure that the VMP works correctly.

11.5.2 The inspection includes a check of the operative components of the VMP, such as brakes, wheels, battery level, type plate (if applicable for the VMP type), lights or reflective lights, GPS device.

11.5.3 If one of the components mentioned shows a malfunction, the GetHenry customer service (SAT) shall be noticed immediately. The communication regarding the malfunction of the VMP has to take place within the first 5 Minutes of the rent, otherwise GetHenry assumes that the VMP provided works correctly.

11.5.4 After SAT was informed about the malfunction, the services shall be aborted and the renter shall not be charged.

11.5.5 The renter can request access to another functioning VMP after the service was canceled. The usage of this VMP shall be charged according to the prices and conditions set in these General Terms.

11.6 Special Terms of Use

The renter acknowledges and confirms that:

11.6.1 they are experienced in the operation and safe handling of the VMP

11.6.2 they are is physically and mentally fit to drive the VMP

11.6.3 they is familiar with the traffic regulations of the city as well as the rules and local, municipal and state laws regarding the utilization and the driving of a VMP

11.6.4 they know the city’s traffic zones.

 

Furthermore, the renter accepts and confirms that:

11.6.5 hopping on or hopping into a VMP and the ride through the city with a VMP poses a risk to oneself, as there is a risk of accident. Therefore, the renter is obliged to exercise due diligence during the ride with the VMP.

11.6.6 he or she is sufficiently trained to use, operate and drive a VMP, whether or not GetHenry or a third person explained the usage and handling of the VMP.

11.6.7 It’s his or her sole responsibility to acquire and use a helmet and/or other approved security and safety equipment or accessories, if this is required under the local provisions of the city or the state law.

11.6.8 the use of a helmet and / or other safety equipment does not exclude the risk of injury during an accident.

11.6.9 he or she is responsible for any harm caused to other human beings during the usage or ownership of the VMP.

11.6.10 the service can be subject to a fee.

11.7 Fundamental duties of the renter during the rental period

The renter is obliged to the following:

11.7.1 Comply with the General and Special Terms.

11.7.2 Not leave the VMP unattended and use it with caution during the rental period.

11.7.3 Use the stand or the footrest to park the VMP.

11.7.4 Maintain and handle the VMP with care.

11.7.5 Not give or sub-let the VMP to third parties or other renters. This can be allowed by GetHenry. However, if the renter handed over or sub-let the VMP to a third person or another renter, the principal renter is responsible for any damage or incident caused by the rider of the VMP.

11.7.6 Use a duly authorized helmet or the correct safety equipment in case this is required under the local regulations of the city.

11.7.7 Not load more than 100 kg onto the VMP.

11.7.8 Respect and comply with the traffic and safety regulations of the city as well as their practices and customs.

11.7.9 Check the traffic zones and to not exceed the speed limit of every street.

11.7.10 Always act with due diligence, respect the fundamental safety measures and adapt the driving behavior to the weather conditions.

11.7.11 Avoid driving a VMP in unfavorable weather conditions.

11.7.12 Not overspeed.

11.7.13 Not transport any objects that prevent the renter from driving safely.

11.7.14 Not transport any other renters with the VMP (apart from the renter).

11.7.15 Not use the VMP under the influence of alcohol, drugs or other substances which may affect the ability to drive and operate the VMP safely.

11.7.16 Not use any mobile devices while driving the VMP (including the use of electronic devices for listening to music as well as phone calls and other services that distract the renter or prevent a safe handling of the VMP).

11.7.17 Not use the VMP if an apparent technical defect was noted.

11.7.18 Not use the VMP for races, jumps and / or acrobatics.

11.7.19 Not use the VMP for commercial purposes.

11.7.20 Not use the VMP for towing, dragging or pushing people, objects or other vehicles. Trailers provided by GetHenry are not included. 

11.7.21 Respect pedestrians and other public road renters.

11.7.22 Not modify or alter the VMP in any way.

11.7.23 Not attach stickers or other elements to the VMP.

11.7.24 Not remove or break accessories, parts or components of the VMP.

11.7.25 Not commit criminal offenses with the VMP or during the rental period.

11.7.26 Return the VMP within the business area.

11.7.27 Pay the additional fees if the VMP was returned outside the business area.

11.7.28 Park within authorized areas and use anti-theft mechanisms, if applicable, whilst the VMP is not used.

11.7.29 Keep the GetHenry app up to date by installing the current version available in the app store.

11.7.30 Ensure the confidentiality of the access data of the renter account.

11.8 Detection devices (GPS)

11.8.1 The VMPs are equipped with GPS systems that enable GetHenry to determine the exact location of the VMP at any time.

11.8.2 The purpose of the VMP detection device is to become aware of, recognize and prevent any criminal offenses and to analyze the performance of the VMP.

11.8.3 The electronic devices and systems of GetHenry are also used to monitor the status, operation and movement of the VMPs.

11.8.4 The information gathered with these systems can be used during and after the completion of any service, with the sole purpose to enable the execution, control and compliance of the service and to analyze its performance.

11.9 Return of the VMP

11.9.1 The VMP shall be returned under the same conditions as when it was provided.

11.9.2 The return of the VMP has to take place in the business area of the mediator and in areas in which the parking of the VMP is allowed.

11.9.3 In case the VMP is returned outside the business area in the city, the renter is charged with additional fees indicated in the Special Terms.

11.9.4 In order to be able to return the VMP properly the system has to recognize the return of the VMP correctly.

11.9.5 For the return, the renter has to follow the steps indicated in the GetHenry app and ensure that the GetHenry app recognizes and registers the return properly.

11.9.6 The rental period ends after the return of the VMP was noted.

11.9.7 The renter can see the completed rental process, the total rental period and the applied total fee in the GetHenry app.

11.9.8 In case the GetHenry app cannot recognize the return of the VMP for any reason (e. G. bad Internet connection), the renter shall contact GetHenry immediately to solve the incident with the help of SAT or via the application.

11.9.10 In case the renter does not return the VMP in a correct manner (as indicated in these Terms of Use) and the VMP is stolen or damaged, the renter is obliged to pay the price of the VMP as indicated in the Special Terms to GetHenry.

11.9.11 If required, the renter has to provide details about the exact place of return of a VMP.

11.9.12 The renter is obliged to respect the specific requirements regarding the business area.

11.9.13 When parking, the renter has to ensure that the VMP does not impede other renters and road users and that it is left on a dedicated parking area. It is prohibited to park the VMP in the following places: at trees, traffic signs, traffic lights, parking meters, vending machines, fences of third parties, benches, containers, garbage containers, in front of or near emergency exits and fire stations, in front of entries and exits, in no-parking zones, in access roads to public transport, on bike lanes, at ancillary elements for a better orientation of visually impaired people, on crosswalks, in buildings, backyards, leaned on other vehicles, in parks and on green areas, at places where the VMP obstructs advertisements or city furniture, the functionality of a facility is impaired, in areas reserved for loading or at places that are reserved for other renters or services and in general at all other prohibited places where parking is not allowed or regulated by the local provisions of the city. A parked VMP is seen as being returned. 

11.9.14 The renter is responsible for verifying whether temporary prohibitions (due to works, markets, festivities, pruning, film recordings etc.) apply to a parking areas.

11.9.15 The service cannot be terminated if a VMP is parked in areas with daily or hourly parking restrictions, if the restriction begins less than 24 hours after the VMP was parked. Example: If the parking prohibition start on Tuesday at 9:00 am, the renter is not able to park the vehicle in the restricted area after 9:00 am on the preceding Monday.

11.9.16 If the renter violates the above mentioned regulations when parking, additional fees according to the rates indicated in the Special Terms may apply. In case the VMP has been parked in violation of the above mentioned provisions, the service remains active until the VMP has been returned in accordance with these provisions. This is, however, limited to 48 hours after the VMP has been parked in violation of these provisions

11.9.17 The GetHenry system can prevent the locking of the VMP when returned, if the non-compliance with the return provisions was noted. If this happens and the renter leaves the VMP unattended, the return was not carried out correctly and the renter shall be held responsible for the loss in case of theft or vandalism.

11.9.18 In case the incorrectly parked VMP was removed by the relevant authorities and taken to the respective vehicle deposit, the renter shall bear the costs for recovering the VMP (in addition to the fine imposed)

12 ACCIDENTS

In case the renter is involved in an accident, the following applies:

12.1 The renter shall contact the local police immediately.

12.2 The renter shall inform GetHenry about the accident and the damages on the VMP as soon as possible.

 

The renter assumes responsibility for an accident if he or she can be blamed for it.

Regardless of blame, the responsibility shall in any case include the obligation to repair the damages and the compensation of losses caused to GetHenry as well as the reimbursement of damages of the VMP, even if the VMP has to be replaced entirely. In this case the replacement value is the one stated in the Special Terms.

In accordance with the above mentioned provisions, GetHenry is entitled to invoice the renter for any repair and recovery costs of the VMP as well as amounts payable to third parties that arise from damages incurred in responsibility of the renter. The payment can be made via the payment methods configured in the user account.

12.3 GetHenry shall not be liable for any kind of accident that was caused by a renter, who used a VMP, its accessory parts or any components that were provided by another renter or a buyer.

 

13 THEFT

If the VMP, its accessory parts or any components were stolen during the rental period, the renter has to:

1 Contact the GetHenry customer service (SAT) immediately

2 Submit the respective report to the authorities responsible

3 Send a copy of the claim to GetHenry within 24 hours after it was reported.

In case of theft, loss or disappearance of the VMP, the renter shall pay the amounts indicated in the Special Terms of the city to GetHenry.

4 GetHenry shall not be liable for any theft of the VMP, its accessory parts or any components if they were provided by another renter, buyer or mediator.

14 FINES, SANCTIONS AND OTHER PENALTIES

14.1 The renter shall bear full responsibility for their infringements and assumes all resulting fines, sanctions and penalties, including all fees or fines for parking the VMP at prohibited places, the costs for recovering the VMP from municipal deposits, traffic-related fines or fines for failing to wear safety equipment, such as helmets, in case this is mandatory

14.2 To defend its interest, GetHenry reserves the right to identify the renter to the authorities or the public administration in case the traffic regulations were violated during the rental period (traffic offense, prohibited parking).

14.3 Similarly, GetHenry can claim the costs for infringements committed by the renter, such as fines, penalties and legal expenses paid by GetHenry. The payment shall be made via the payment methods configured in the user account.

14.4 Failure to pay the amounts owed by the renter for the above mentioned circumstances shall entail the immediate termination of the contractual relationship between GetHenry and the renter. In addition to these amounts, GetHenry shall take any measures to legally assert further claims for damage and losses incurred.

15 CHANGES

15.1 GetHenry may change these General Terms, the Special Terms and the appendices at any time. In this case the renter shall be notified via email to the email address provided.

15.2 The changes are deemed to have been accepted by the renter in case he or she did not enter an objection with one (1) month after the new conditions were communicated. GetHenry shall expressly inform the renter about the significance of not entering an objection.

15.3 They shall be accepted in any case if the renter concludes the service via the GetHenry app after the new conditions have been submitted.

15.4 The new versions of the General and Special Terms are also available in the GetHenry app and on the website.

16 DISCLAIMER

GetHenry does not warrant that the service shall be available at any time and without interruption. Furthermore, GetHenry does not guarantee the availability of VMPs.

GetHenry shall not be liable for damages resulting from slight negligence. However, personal injuries shall be excluded.

GetHenry shall not be held responsible if the company fails to adhere to his commitments fully or partly due to situations of force majeure, including, but not limited to, actions of public administrations, fire, floods, explosions, demonstrations, civil disturbances, strikes, labor disputes, inadequacies, power outage, interruption of telecommunication systems.

GetHenry shall not be held responsible for any kind of damages caused by the renter/rider of a VMP or the renter/rider himself if the VMP was provided by a buyer, rider or another renter. 

 

17 INTELLECTUAL PROPERTY

All copyrights, trade marks, trade names, logos and other intellectual or industrial property rights held and used by GetHenry as well as those present in the GetHenry app or on the website (including titles, graphics, icons, scripts, source codes etc.) are the property of GetHenry or third party licensors and may not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without prior written permission.

The renter shall confirm and guarantee that he or she has all intellectual or industrial property rights referring to any text, picture, information and all other content he or she makes available and publishes through GetHenry systems (in the GetHenry app or on the website). The renter shall provide only content that is in full compliance with the existing legislative framework and / or does not result in an infringement of the intellectual or industrial property rights of third parties. At its sole discretion, GetHenry may edit, remove or hide from platforms contents and information provided by the renters in whole or in part.

If the renter submits proposals for changes, improvements or other comments to GetHenry and / or its services (hereinafter referred to as “comments”), GetHenry shall be entitled to use these comments for any purpose (including marketing or other business purposes), without being obliged to make an adequate contribution to the renter in return. The renter agrees to transfer all rights, claims and interests (including any intellectual or industrial property rights) contained in his or her comment and / or referring to his or her comments to GetHenry.

18 CONTACT

For the purpose of establishing contact with GetHenry, the following options are available:

Address, email, telephone as indicated in the contact information (SAT)

19 COMPLAINTS AND CLAIMS

The renter shall file a complaint or raise a claim through the communication channels listed in the contact and contact information section (SAT) of this contract.

20 NULLITY

Should any part of these General Terms (including the Special Terms) be declared invalid or annulled, the other articles remain in effect without loss of value or validity. In such a case, the invalid clauses shall be replaced by valid ones that come as close as possible to the purpose of the invalid clauses.

21. BREACH OF CONTRACT:

In case of breach of contract, GetHenry shall be entitled to terminate the contract and claim the damages and losses resulting from the infringement.

A breach by the renter is in any case the breach of undertakings in these General Terms, Special Terms and appendices, especially the failure to carry out the fundamental duties of the renter.

22. APPLICABLE LAW AND JURISDICTION

These General Terms (including the Special Terms and their appendices) are subject to Austrian law, excluding application of the provisions of international private law and of the UN CISG.

DISPUTE RESOLUTION

GetHenry shall not participate in a dispute resolution procedure with a consumer conciliation body.

  • Traffic rules of the city

The local traffic rules of the city shall apply and can be found in the GetHenry application

  1. Prices
  • Prices are subject to change depending on the mediator.

III. Additional fees

  • For driving without a confirmed or valid rental contract or for transferring the access data to another renter: 250€
  • For loss or repair fees no fault of the renter needed: arising expenses depending on the amount billed up to a maximum of 700€
  • For extraordinary wear and tear of the scooter: arising expenses depending on the amount billed up to a maximum of 200€
  • For additional costs incurred due to the fault of the renter (e.g. Towing / picking up the vehicle etc.): arising expenses depending on the amount billed
  • For picking up an VMP outside the business area: 40€ 
  • For theft and loss of the VMP, its accessory parts or any components independent of fault or liability: up to a maximum of 500€

All prices shown are excluding VAT.