Terms & Conditions of Rentals

Welcome to ZWINGS!

Thank you for choosing Zwings. We wish you many happy, safe, enjoyable hours of responsible riding on our e-scooters and e-bikes.

TERMS AND CONDITIONS, AND USER AGREEMENT

(last updated: 13th March 2023)

What is this agreement

This document is the legally binding Terms and Conditions and User Agreement (“Agreement”, “Terms”) for you (“You”) to use E-Scooters and the associated App under the brand ZWINGS.

Please take time to carefully read this Agreement. If you do not agree to these Terms you may not use our Services (as defined below). By using our Services, including when you download our App and create a user account, you agree to the following:

1. You represent and warrant to us that you are at least sixteen (16) years of age and have the authority, right, and legal capacity to enter into these Terms;
2. You confirm that you have read, understood, and agree to be bound by these Terms and any additional documents or policies referred to in these Terms, including (without limitation), the Privacy Policy (as defined below) and the Release of Liability (also as defined below);
3. If these Terms have changed since you last used our Services, you confirm and agree that your continued use of our Services constitutes your acceptance of the changed Terms; and
4. You consent to receive communications from us by electronic means, and you agree that such electronic communications and notices satisfy any legal requirements that such communications be in writing.

Our Privacy Policy (“Privacy Policy”), and our Data Protection Policy (“Data Protection Policy”) hereby incorporated by reference, applies to your use of our Services and sets out the terms on which we process any personal data which we collect from you, or that you provide to us. This includes cookies used on our website and use of location data sent by your electronic device. By using the Zwings website and App you consent to such processing and to our Cookies Policy (available on our website) and you further represent, warrant and guarantee that all data provided by you is accurate and will be kept up to date by you.

Who are you entering into a contract with

Zwings is the trading name of Zwings Ltd., a private limited company, registered in England and Wales under registration no. 12044821 whose registered address is 83 Lavender Hill, London SW11 5QL (“Us”, “We”, “Zwings”).

Your use of a Zwings E-Scooter or E-Bike and the obligations thereof

You represent, warrant and covenant that:

1. You hold a current full, provisional Driving Licence (categories AM, A1, A2, A and B).
2. All information you provide to us when opening an account is true, accurate and complete, and that it is your responsibility to keep it updated at all times.
3. You are the sole operator of the Services. The only parties to these Terms are you and Zwings which means that you are the only authorised operator and rider of a Zwings vehicle rented through your account. You represent, warrant, and covenant that you will not permit another person, either alone, or together with you, to use any Zwings vehicle rented by you or through your account. Without limitation to the foregoing, you alone are responsible for complying with these Terms and for any breach of these Terms and any damage and/or liability arising from your operation of any Zwings vehicle or any third party’s use of any Zwings vehicle rented through your account.
4. You will inspect the Zwings vehicle before operating it. You will conduct a basic safety inspection of such Zwings vehicle, which includes, inter alia, inspecting:
   1. tyre inflation;
   2. safe operation of brakes;
   3. safe operation of lights;
   4. safe operation of steering and proper direction of wheels;
   5. condition of the frame and handles;
   6. sufficient battery charge; and
   7. any signs of damage or disrepair (each, a “Safety Issue”).
5. You shall immediately notify Zwings if you identify a Safety Issue and are prohibited from riding any Zwings vehicle on which there is a Safety Issue.
6. You are a competent user, physically fit and able to use a Zwings vehicle, familiar with the operation of Zwings vehicles, and do not have any medical conditions that would make using a Zwings vehicle unsafe in any way.
7. Whilst operating a Zwings vehicle, you will not use a mobile phone, earphones, headphones, portable music player or any other electronic or physical device of any kind which distracts you from operating the Zwings vehicle safely. If you have to refer to the Zwings App while using the vehicle, you must stop the vehicle in a safe location first.
8. You acknowledge and agree that Zwings does not provide or maintain places at or on which to ride Zwings vehicles and that Zwings makes no representation, warranty, covenant, or guarantee with respect to the conditions of any road, pavement, vehicle lane, vehicle route, or other thoroughfare you may access in connection with your use of a Zwings vehicle.
9. You will not use a Zwings vehicle:
   1. during unsafe environmental conditions such as bad weather, road congestion, poor road surface.
   2. through water, over uneven terrain or on any unpaved roads.
   3. in any location where the use of an E-scooter or E-bike is prohibited, illegal, or a nuisance or through unsafe traffic conditions.
10. You will not ride a Zwings vehicle while under the influence of drugs, alcohol, medication, and/or any other substance that may impair your ability to ride the Zwings vehicle.
11. You will not race the Zwings vehicle, perform stunts with the Zwings vehicle, use the Zwings vehicle to propel or tow any vehicle, trailer, or other objects.
12. You will not hang anything from the handlebars or place anything on the Zwings vehicle that interferes with the safe balance of the Zwings vehicle or otherwise impedes your ability to safely ride the Zwings vehicle, including without limitation, backpacks, laptop bags, shopping bags, briefcases, handbags, etc.
13. You will not carry hazardous materials, including flammable substances that are either prohibited by law to be carried or that may cause injury to other persons or property.
14. You will not hold on to anything that impedes your ability to safely use the Zwings vehicle, including being pulled along by another vehicle.
15. Your weight on the vehicle must not exceed 100kg. This figure is what the manufacturer has advised is a maximum appropriate limit.
16. You will wear proper safety equipment at all times while using a Zwings vehicle, including a helmet in good repair, the correct size for you, safely and properly fastened to your head in accordance with the manufacturer’s instructions and guidelines. The helmet must be manufactured to EN 1078 standard.
17. You note and agree that neither Zwings nor our insurer will pay any claim where death or injury is attributable to any head injury suffered whilst not wearing a helmet at the time of an accident or caused during the period the Zwings vehicle is being rented by you.
18. You will wear suitable clothing including, without limitation, safe footwear (e.g., not barefoot, no flip-flops, no sandals, no backless shoes).
19. You will consider additional protective clothing to protect against a fall including, for example, gloves, elbow and knee pads, full length trousers, covered arms.
20. You agree that notwithstanding the foregoing, Zwings does not make any representation, warranty, covenant, or guarantee with respect to the safety, quality, or other characteristics of any helmet, clothing or any other protective equipment.
21. You will not in any way tamper with, alter, or vandalize the Zwings vehicle.
22. You will use the Zwings vehicle in compliance with all applicable laws, rules, regulations, and customs and it is your sole responsibility to be familiar with same whilst using the Zwings vehicle.
23. You will park the Zwings vehicle in accordance with our instructions and in compliance with all applicable laws, rules, regulations, and customs in lawful parking bays in an upright position using the stand provided and will not park the Zwings vehicle on private property, in a locked area, in heavily trafficked areas, or in any other unapproved space.
24. You will return the Zwings vehicle to the proper parking area in reasonably clean and working condition after your use and you will not use any locking mechanism to lock the Zwings vehicle other than one provided by Zwings unless otherwise directed by Zwings.
25. You agree to end your rides within our parking bays. A parking fine of £15 will be issued when a vehicle is left outside the operational area, and an additional £10 recovery fee will be issued. Failing to end a ride and then not informing our support team that the vehicle is left unlocked via phone, email or ticket will result in a £10 fine.
26. When renting an e-scooter, users agree to park the vehicles with respect towards pedestrians, property and traffic, and to also ensure the following:
    • The vehicle is parked in a designated parking bay or if your city allows for parking outside of bays then it is critically important you park the scooter alongside a wall or in connection to an existing bike stand/parking rack
    • The vehicle is standing up in a steady manner on its kickstand
    • The vehicle is not blocking entrances, access ramps, traffic, bus stops, crossings, or obstructing pavements.
27. You will use the Zwings vehicle in accordance with the Highway Code and you will obey all street signs, signals, rights-of-way, and markings.
28. You will use the Zwings vehicle with courtesy and respect towards third parties, including, but not limited to pedestrians, cyclists and other vehicles, and that you will not block pavements, access ramps, bus stops, or landscaped areas.
29. You will not leave the Zwings vehicle parked in an unlocked state or otherwise unattended and must ensure the Zwings vehicle remains accessible to Zwings at all times.
30. You will return the Zwings vehicle in the condition in which you rented it save for any ordinary wear and tear.
31. If you have an accident or a crash or cause damage, personal injury, traffic violation, or have your Zwings vehicle stolen or lost, then you must report this immediately to Zwings and, where appropriate, to the Police.
32. You agree that you are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys’ fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Zwings vehicle.
33. Failure to comply with the rules on parking responsibly will lead to Zwings issuing you a penalty relative to our 2 strike policy e.g. fines, account deactivation and a report of details to the police.
34. You agree that you will be liable for any fines or charges, penalties or costs, including and not limited to costs related to the clamping or impounding or removal of the Zwings vehicle if it arises from your violation of any laws, parking restrictions, regulations, codes etc. including situations where we have paid such fines on your behalf whereupon you agree that we may pass on the full cost of such fines to be paid by you via your preferred payment method in addition to any other reasonable costs and expenses we may incur in relation to such fines.
35. You agree not to engage in dangerous or unacceptable behaviour whilst riding a Zwings vehicle, including pavement riding, double riding (two people on a vehicle), causing an accident, vandalism, riding whilst under the influence of alcohol or drugs, enabling unlicensed riding, etc. Engaging in doubling riding or riding on the pavement will result in a fine of £40. In certain circumstances, a formal police report will be submitted by Zwings. A repeated offence will result in a deactivation of your account for 1 month and potentially permanently. Our team reserves the right to issue an immediate ban on you depending on the severity of the offence. Additionally, Zwings reserves the right to charge you for damage to a Zwings vehicle due to vandalism caused by you. In this case, you will be charged the cost of repair with an additional fine of up to £75.
36. You acknowledge and agree that the local authority governing the operational area, including any employee of Gloucestershire County Council, Gloucester City Council and Cheltenham Borough Council will not be held liable for any incidental, special, punitive, exemplary or consequential damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these terms; (ii) anything relating to your use of or inability to use the services (including any Zwings vehicle); (iii) any interactions whatsoever with other persons as a result of your use of the services; (iv) any and all uses of the services and/or (v) your misconduct or negligent use of the services, or the negligence or misconduct of a third party whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, even if a limited remedy set forth herein is found to have failed of its essential purpose.
37. Zwings will not charge a fee to you for causing an accident, drinking and riding, enabling unlicensed riding. These offences will be directly handled by the police.
38. You agree that the Zwings vehicle will be deemed lost or stolen by you and subject to a charge of up to £250 that you agree we may charge to your preferred method of payment if the vehicle is deemed stolen and unretrievable when being rented from your account. A fee of up to £50 may also be applied if we have sufficient evidence to indicate you caused severe damage to the vehicle leading to that vehicle being removed from the street. Indications of theft or damage can include:
    1. The GPS device in the Zwings vehicle has been interfered with in any way or disabled;
    2. The Zwings vehicle has been taken outside of the designated permitted operational area indicated on the Zwings App;
    3. The Zwings vehicle has been left parked outside of a designated parking bay indicated on the Zwings App;
    4. Any other circumstances that we may reasonably conclude to be indications of the Zwings vehicle having been lost or stolen.

THE FOREGOING LIST IS NOT INTENDED TO BE EXHAUSTIVE AND ANY UNREASONABLE OR INAPPROPRIATE USE OF A ZWINGS VEHICLE, AS DETERMINED BY ZWINGS IN ITS SOLE DISCRETION, OR ANY VIOLATION OF APPLICABLE LAWS, RULES, REGULATIONS, AND/OR CUSTOMS WILL BE DEEMED TO BE A VIOLATION OF THESE TERMS. WITHOUT LIMITING THE FOREGOING, THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS ARE CUMULATIVE TO EACH OTHER AND NOT EXCLUSIVE OF EACH OTHER, AND NO REPRESENTATION, WARRANTY, OR COVENANT IN THIS SECTION WILL LIMIT ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT IN THIS SECTION OR THESE TERMS.

Opening an Account

To use our Services you need to register a user account on our App by downloading the Zwings App to your apple, android or other handheld electronic device. You will need to provide us with personal information including your name, residential home address, date of birth, contact details including telephone number and email address. In addition, we will require details of your driving license which will be verified by us. You will need to input at least one valid and current method of payment.

Please keep your account details safe and confidential, and not share your account with a third party. If we believe that you have provided false or incorrect information, or allowed another person to use our Services through your account we reserve the right to suspend your account or summarily close it and terminate our Services.

If you believe that another person knows your login details then you must promptly contact us using the details above.

Using our App

The Zwings App does not constitute professional advice, nor does it offer specialist advice. We aim to keep information provided to you on our App updated but we make no representations, warranties or guarantees to you, express or implied, that any such information is complete, accurate or up to date.

We cannot and do not guarantee that our Zwings App will be compatible with your Apple, Android or other electronic devices. You shall be solely responsible for ensuring that your device has mobile network access, meets the minimum standards required to operate the Zwings App and has sufficient memory at all times to run the App safely and properly.

Availability of Zwings vehicles

We will do our best to make a Zwings vehicle available to meet your demand but cannot promise to always have one available. Some Zwings vehicles will be out of use for routine repair and maintenance or there may be a shortage of availability for reasons beyond our control, such as a software malfunction.

Obviously, a Zwings vehicle is operated by a battery that needs to be charged to operate the Zwings vehicle. It is your responsibility to check the level of battery charge before you commence a ride and to determine if the Zwings vehicle has sufficient charge to enable you to reach your desired destination. Should the Zwings vehicle run out of charge during your journey, you will remain responsible to ensure that it is returned to a designated parking bay as indicated on the Zwings App.

Riding a Zwings Vehicle

Once registered with a valid account, the rental of a Zwings vehicle will commence when you locate an available Zwings vehicle on the map in our App. You can unlock a Zwings vehicle by scanning the QR code with your handheld electronic device operating our App whereupon the ride commences and charging of the rental fee begins to be incurred by you. You must end the ride by returning the Zwings vehicle to a designated parking bay as indicated and instructed on the Zwings App. Until and unless you park and lock the Zwings vehicle in accordance with instructions on the App, the ride has not ended and charging will continue until satisfactorily parked.

Each ride on a Zwings vehicle will constitute a separate and binding agreement between us and will be covered by these Terms as well as any additional terms which may be published from time to time on our website or on the Zwings App.

In some zones, there will be designated Slow Speed Areas which have been agreed in advance with the relevant Local Authority. The Zwings vehicle will automatically slow down and will be speed restricted within these zones. There may be a short time delay immediately upon entry to one of these zones and Zwings will not be responsible for unreasonable effects thereof. The zones will be clearly highlighted on the Zwings App.

 

Ownership

At no time does the Zwings vehicle cease to be our exclusive property. You simply rent our vehicle for the duration of the ride and may not modify our Zwings vehicle, repair it, deface it or sell it.

Payment

The charge for use of a Zwings vehicle is on a per-ride basis. The charge is clearly given to you in the Zwings App and is calculated beginning from the moment you unlock a Zwings vehicle by scanning the QR code with your handheld electronic device operating our Ap to the moment you park and lock the Zwings vehicle in accordance with instructions on the App. Again, the ride has not ended and charging will continue until the Zwings vehicle is satisfactorily parked and locked in a designated parking bay.

We will collect payment from your preferred payment method using a third party payment processing agent. We charge a non-refundable £1 deposit when opening an account as to cover a small proportion of the driving license verification costs.

Release of Liability

You acknowledge that using an E-Scooter or E-Bike, whether rented from Zwings or otherwise, is an inherently dangerous activity that involves both obvious and non-obvious risks of physical harm, including the risk of death to you and others, as well as damage to your property and property of others, and that these types of risks can be unforeseeable and sometimes cannot be avoided.

We do not and never will seek to limit or exclude our liability to you for death or personal injury caused by our willful negligence or where it would be unlawful to limit or exclude liability to you.

You agree that we shall never be liable for any indirect or consequential loss or business loss, not limited to loss of profit or business interruption or loss of business or profit opportunity in excess of a limit of £10 which is strictly limited to losses and damages that can be foreseeable where it is obvious that loss or damage will occur.

Notwithstanding the aforegoing, to the fullest extent permissible by applicable law, you, on behalf of yourself, your family, your heirs, your agents, your affiliates, your representatives, your successors, your guardians and your assigns (collectively the “Releasing Parties”), agree to indemnify, hold harmless, and forever release and discharge the shareholders, directors, officers, employees, agents and, sub-contractors of Zwings (collectively the “Released Persons”) from any and all injuries, demands, losses, damages, costs, loss of service, expenses, compensation, claims, suits, causes of action, obligations, rights, and liabilities of any nature, type, or description, whether arising in tort (including negligence), contract, strict liability, or any other legal theory, whether known or unknown, contingent or vested, in law or in equity, whether or not we have been advised of the possibility of such damage, including but not limited to, property loss or damage, personal injury or loss of life, regardless of legal theory, that relate to, are based on, concern, or arise out of these Terms, your use of a Zwings vehicle, the Zwings App, the Zwings website (collectively the “Released Claims”). (“Release of Liability”).

Insurance

The safety of our riders and the communities in which Zwings vehicles operate is our paramount concern. We have various initiatives in place to enhance the safety of our riders and those around them.

Please note, any insurance policy held by Zwings may not necessarily cover you for any injury, harm, damage or loss you may suffer in the event of an accident. We do however have insurance to cover you in relation to:

Death or bodily injury to any third party or damage to the property of any third party as a result of an accident while you are using our vehicle in the United Kingdom (motor insurance), in each case up to specified limits.

The cost of insurance is included within the rental rates and there is no additional premium charge to you at time of rental. You will be deemed to have requested insurance by commencing a ride when you unlock a Zwings vehicle.

Zego’s insurance policy coverage may be invalidated for certain reasons, these include:

• You are under 16 years of age and/or do not have a valid driving License
• The accident in which you were involved was intentional.
• In the event that you do not wear a helmet and experience a head injury
• While under the influence of drugs or alcohol
• Riding with another individual on board

You do not have a right to request changes to the terms and coverage of our policy and we make no promises as to our policy’s terms or coverage. The insurance is subject to the terms, limitations and exclusions of the policy and is available upon request by emailing: [email protected]. If the limitations and exclusions are not satisfactory to you then you must not use our Services.

In a case of an accident:

Make sure you and any third parties involved are safe, then seek emergency assistance if required.

Then, as soon as possible contact our insurer, Zego, on 0330 016 6986 or email: [email protected]

They will ask a number of questions about the accident, such as when, where, and how it happened, and whether any third parties were involved.

You should not admit any fault or make any offers or promises etc. to any third party that was involved at any time without speaking to us or the insurance company first.

If any third parties are involved, then you must NOT RIDE AWAY. You must stop if any property has been damaged or if anyone is injured and provide your name and address and insurance details to anyone who needs it.

Similarly, you should ask any other third party who is involved for a name, address, and their insurance details.

Termination

Both you and Zwings may terminate these Terms at any time with a notice period of two weeks. The right to extraordinary termination is not affected by this provision. You may deactivate your customer account by sending an email to [email protected].

Special rates (e.g. weekly or monthly pass) are linked to specific contractual periods. Conditions for termination of special rates are specified in a separate agreement.

Once your account has been closed, your personal data may be retained for purposes as required to meet legal/regulatory requirements or any financial requirements/obligations that are due by you to Zwings (this may include but shall not be limited to the payment of any outstanding amount on your account.

The deactivation of an account shall mean that an account is closed. If you wish to reuse this account, you will be required to go restart the registration process again and new Terms will be entered into it.

An account shall only be deactivated by Zwings once all debts have been paid and no remaining obligation to Zwings exists from you.

Governing Law, Jurisdiction and Dispute Resolution

These Terms shall be governed by and construed in accordance with the Laws of England and Wales.

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.

• The number of arbitrators shall be one.
• The seat, or legal place, of arbitration, shall be London, England.
• The language to be used in the arbitral proceedings shall be English.
• The governing law of the Terms shall be the substantive law of England and Wales.

Updates to the Terms

From time to time we will amend these Terms which will be effective when posted on our website, zwings.co.uk. Revised Terms will supersede any previous versions we may have agreed with You. In particular, we will normally provide notice on our website and/or via email to the registered email address we have for you of any major revisions to our terms. However, we would recommend that you regularly review these Terms on our website because if you continue to use our Services after we make any changes to the Terms then this will constitute your agreement to those changes. Of course, you may stop using our Services at any time. At the same time, we may terminate these Terms or your use of our Services in whole or in part at any time at our sole discretion. Should you disagree with our termination you should contact us as above.

Service Hotline: 01206 636089

Email: [email protected]

Internet: zwings.co.uk

Social media – Facebook, Instagram @zwingsmobility