Terms and Conditions for Users in Austria
Last Updated: September 20, 2022
These Terms and Conditions of Service (the “Terms and Conditions”) govern the use of the Service provided by Superpedestrian Europe BV - Niederlassung ÖsterreichBV, having its registered address at Opernring 1/ R 745-748 / 1010 Vienna / Austria (“Superpedestrian”, “the Company”, “we”, “us”) and form an integral and substantial part of each contract for rental of Scooters (the “Contract”) concluded between the Company and the user, understood as the natural person age 18 or over who uses the Service (the “User”, “you”, “your”), and the related use of the Company’s App and websites, as defined below (collectively, the “Service”).
Please do not use our scooter rental Service unless you consent to and accept these Terms and Conditions. We recommend that you read the Terms and Conditions carefully.
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the meanings set out in this Article.
“Account”: the account created by the User through the registration and identification process to access the personal area of the App, to conclude Contracts for the use of the Scooters and to use the Service;
“Active Area”: the area of the city in which the Scooters subject to the Service are permitted to be located, as shown on the Map of the city provided in the App;
“App”: the Company’s mobile software application for operating systems such as Android/IOS installed and operating on the Devices;
“Code”: the identification and control code of the Scooter in QR Code and numeric format located on the handlebars of each Scooter;
“Contract”: the contract between the User and Superpedestrian governed by these Terms and Conditions that has as its object the performance through the conclusion of individual purchases of the Service;
“Customer Service”: Customer service is available 24 hrs/day for 7 days a week and can be contacted via the App, by phone listed under Help menu on the App ( ), or by sending an email to: support@superpedestrian.com;
“Device”: the mobile device used by the User to access the App and use the Service;
“Highway Code”: means the currently applicable Austrian road traffic regulations, including the federal law of July 6, 1960 with which regulations on the road police are enacted (road traffic act: Straßenverkehrsordnung 1960 – StVO. 1960; StF: BGBl. Nr.159/1960) including the legal acts based on it, and any subsequent amendments, supplements and replacements;
“Identity document”: the identity card, passport or driving licence which may be required to be provided by the User when registering the Account in certain cities;
“Map”: the map of the city in which Superpedestrian performs the Service;
“Payment Card”: the User’s credit card, debit card or prepaid card validly issued by a bank, and which the User has the valid authority to use, provided by the User for payments on the Account;
“Penalties”: the penalty measures applicable to Users in the event of breach of these Terms and Conditions, or any fines, charges or other fees imposed by any competent authority as a result of User’s breach of the Regulations or these Terms and Conditions;
“Regulations”: the national and local regulations in force in Austria and in the city where the Service is provided at the time of conclusion of the Contract, including the Highway Code and any municipal rules, resolutions, or guidelines;
“Rental Period”: means the period of time for the performance of each Contract which starts from the confirmation of the activation of the Scooter and ends with the proper end of the Scooter ride in accordance with the Terms and Conditions;
“Scooter”: the electric scooter provided by Superpedestrian, under the LINK or Superpedestrian brand, for Users to ride in connection with the Service;
“Service” or “Rental”: the rental service of the Scooters, and the services ancillary or related thereto, such as the use of the App, the Company’s websites, and the localization of the Scooter performed by the Company pursuant to the Agreement;
“Site”: the Company’s websites and online properties, including but not limited to https://www.superpedestrian.com and https://www.link.city/;
“Superpedestrian” or “Company”: Superpedestrian Europe BV - Niederlassung ÖsterreichBV, having its registered address at Opernring 1/ R 745-748 / 1010 Vienna / Austria, and its parent companies and affiliates;
“Tariff Plan” or “Tariffs”: the economic conditions referred to in Article 16 of the Contract and the prices, fees, Penalties and other charges set forth in the Company’s App and/or website for the Service, localized to each city at the time of the Contract;
“Terms and Conditions”: means these general terms and conditions, as updated from time to time, governing and constituting an integral and substantial part of each Contract;
“User”: the natural person age 18 and older who meets the requirements to use the Service set out in these Terms and Conditions.
Article 2 – Service
2.1. The Service allows the User to rent a Scooter in the Active Area one or more times, pursuant to the Contract and in accordance with the Regulations.
2.2. In respect of each use of the Scooter, the User and Superpedestrian enter into a separate Contract. This respective separate Contract is based on these Terms and Conditions as well as the respective valid agreed Tariffs.
Article 3 – Requirements for using the service
3.1. In order to use the Service, the User must be:
at least 18 years of age;
equipped with a Payment Card which he/she is entitled to use;
in a condition to use the Scooter in an appropriate, distraction-free manner, and in any case not be under the influence of alcohol or drugs, or in any other condition limiting his/her capacity to operate the Scooter in a safe manner;
using an Internet-enabled Device that meets the technical requirements of the App.
The Company does not guarantee any technical compatibility between the App and the Device and does not assume any liability in relation to the compliance of the Device with the technical requirements of the App.
3.2. The respective Rental requires a connection to the internet via the user's Internet-capable Device. The costs of this internet connection are borne by the User.
Article 4 – Procedure for registration of the User on the App and conclusion of the Contract
4.1. In order to use the Service, the User must register on the App and create an Account.
4.2. The User is the sole user of Account and may not authorise any third party to use his/her Account, or assign or otherwise transfer his/her Account to any other person or entity for the purpose of accessing or using the Services. The User shall not allow any other person, including any minor children of the User (under 18 years of age), to ride any Scooter through or by the User’s Account, or to ride on a Scooter with the User.
4.3. Before completing the registration process in the app, we offer the User the opportunity to read the company's Privacy Policy , these Terms and Conditions, and the Tariffs set forth in the App and Site.
4.4. In order to complete the registration and use the Service, it is necessary to meet the minimum requirements set out in these Terms and Conditions.
Article 5 – Identification system
5.1. The User shall keep his/her account access data and the data stored by him/her in the Account secret to the best possible extent and protect them from unauthorized access.
5.2. Any loss, breach or unauthorized access of the Account or associated Payment Card must be promptly reported to the Company through Customer Service.
5.3. The User shall only be liable in the event of his culpable breach of the Obligations incumbent upon the User under this Article 5.
5.4. The User may request the cancellation of the Account by contacting Customer Service through the App or at support@superpedestrian.com.
Article 6 – Rental procedure
6.1. In order to initiate or conclude a Contract, the User shall access the App through his/her Device and start the Scooter by means of the QR code or code indicated underneath the QR code (so as to allow recognition of the Code) according to the instructions given by the Company.
Article 7 – Availability of the Service
7.1. The User acknowledges that while the Service is normally available in the Active Area 24 hours a day, it is subject to ordinary business constraints which may result in scooters not being available due to factors such as weather, high demand, maintenance and charging needs, or geographic restrictions, and subject to cases of force majeure, including pandemics, or decisions of the competent authorities that impose restrictions on the use of the Service. The User waives the right to raise any kind of objection and/or dispute relating to availability of the Service.
7.2. The User is aware that the Service may be subject to limitations and impediments, including but not limited to:
the malfunctioning of the connection of the User’s and/or Company’s Internet network or other connectivity;
the malfunction of electronic equipment used by the Company to perform the Service and/or monitor the Scooters;
interruption of the Service due to natural disasters or force majeure, including pandemics or government restrictions;
damage to the Scooter by third parties;
failure to recharge the Scooters.
7.3.
Article 8 – Contracts
8.1. Each Contract entered into between the User and the Company shall be deemed to have been concluded at the time of confirmation on the App pursuant to the procedure set out in Articles 5 and 6 above, with the consequent commencement of the Rental Period.
8.2. Acceptance of the Contract in the App enables the User to use the Service.
Article 9 – Preliminary inspection of Scooters
9.1. The Company is not able to perform an inspection of the Scooter before each ride. Therefore, the User must visually inspect the Scooter before each ride, taking into account obvious damage or dysfunction of:
· the stand, wheels and tyres;
· the handlebars, brakes, lights and reflectors;
· the drive lever.
9.2. The User shall immediately report to the Company any malfunction, defect, or damage to the Scooter that he/she may notice by contacting Customer Service and shall not ride the Scooter with any such malfunction, defect, or damage.
9.3. In any case, the User is strictly forbidden to make, either directly or indirectly, any modifications and/or repairs to the Scooter.
Article 10 – Use of the Scooter
10.1. Users undertake to use the Scooter within the Active Area, and may circulate, in compliance with the Regulations, i.e., in full respect of the applicable provisions on road traffic safety, and in particular those dictated by the Highway Code and any local guidelines or rules applicable in the city.
10.2. In particular, it should be noted that the Scooters covered by these Terms and Conditions may circulate on urban roads and cycle paths at the speeds set forth on road signs or in the local ordinances for the city, and where permitted, in pedestrian areas at the speeds permitted.
10.3. In any case, it is forbidden to drive on motorways, highways and extra-urban roads, and on urban areas with cobblestones, pedestrian areas and pavements, where prohibited by the Regulations, both for reasons of safety of the Users and to avoid possible damage to the Scooter. It is also forbidden to carry other people or animals on the Scooter.
10.4. Users, while using the Scooter, must always drive the Scooter with caution, and avoid sudden or zig-zag movements, which may be of hindrance or danger to following vehicles.
10.5. In the case of crossing carriageways with particularly heavy traffic and, in general, where circumstances require it, Users are obliged to cross by taking the vehicle by hand, as well as when using pedestrian crossings.
10.6. Scooters are intended for use by Users in an upright posture and are not equipped with a seat.
10.7. When Users ride the Scooters in pedestrian areas, they must not exceed the speed set by local regulations and must avoid any behaviour that causes obstruction to the normal transit of other pedestrians.
10.8. When Users ride Scooters on pedestrian and bicycle paths, they must conform their behaviour to the Regulations and ride in designated lanes where required.
10.9. The use of a protective helmet by the User is always recommended. Users shall also follow any Regulations concerning wearing helmets, high visibility reflective gear or other safety precautions.
10.10. Users shall undertake to use the Scooter within the Active Area, on the road infrastructures and/or parts of the road, identified and consistent with the provisions of the Regulations in force. The penalties laid down in the Regulations apply.
10.11. Users shall undertake to use the Scooter with reasonable care and due diligence, scrupulously observing the Regulations and, in particular, those relating to road traffic, carefully avoiding collisions with pedestrians, as well as collisions with vehicles (e.g., when crossing carriageways or when vehicles are parked).
10.12. After parking, and before leaving the Scooter, the User must ensure that it is parked in accordance with the provisions set out below in the Active Area, in accordance with the Regulations (e.g., in areas and in ways that do not constitute an obstruction to pedestrians or vehicle traffic) and checking that it is locked.
10.13. If the Payment Card registered by the User on the Account rejects a payment charge, the Company will proceed to make further charge attempts and, in the event of charge is not permitted or rejected, the Company will notify the User of the non-payment and reserves the right to suspend the User’s Account from the Service until any debts are settled.
10.14. The User may not in any way use the Scooter in violation of Regulations, including by way of example only:
for the transport of goods or persons in breach of the Regulations;
for speed races or competitions;
for the transport of animals;
to provide a rental service to third parties, or for any other business purpose;
to commit civil, criminal or administrative offences;
to commit acts contrary to public order and public safety regulations;
to transport dangerous, flammable, toxic or similar substances;
to transport weapons, explosives, radioactive, bacteriological and similar materials;
to carry objects of such shape, size or weight that they may impair the safe operation of the Scooter or damage parts of the Scooter, pedestrians, vehicles or other property of third parties;
for towing other scooters, people, vehicles or other objects.
10.15. The User shall not violate these Terms and Conditions, including by way of example only, shall not:
ride the Scooter outside the Active Area;
park the Scooter outside the Active Area or in private streets, parking lots or garages, thereby preventing the possibility of renting the Scooter to other Users once it is parked;
transport the Scooter by private means;
dirty, damage or spoil the Scooter;
ride the Scooter in a manner that causes or is likely to cause injury, discomfort or concern to others;
use the Scooter in the event of strong winds or bad weather, floods, overflows, earthquakes, etc;
disassemble, tamper with the Scooter or carry out or have carried out any type of repair or modification to the Scooter;
leave the Scooter unattended during the Rental Period;
remove branding, trademarks or other distinctive signs of the Scooter;
disclose any commercial or non-commercial advertising on the Scooter or the App without prior written consent;
infringe any legitimate right of any third party, including but not limited to intellectual property rights;
use the Scooter to transport objects that:
may result in injury or damage to the User or any other person;
may result in damage to the Scooter or other third-party property;
are prohibited by law.
10.16. In the event the User steals a Scooter, aids and abets a Scooter theft or incites a third party to steal a Scooter, the Company has the right to debit the damage actually incurred from the User's Payment Card.
10.17. The User shall be responsible for any regulatory penalties, costs and fees attributable to the use of the Scooter and shall indemnify and hold the Company harmless in this regard. Before the Company takes recourse from the User for such fines, costs and fees, the User must first be given the opportunity to defend himself/herself legally. Such recourse can be made by debiting the User's Payment Card.
Article 11 – Electric Vehicle
11.1. The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. User agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric vehicle and all of the limitations and requirements associated therewith. User understands and agrees with each of the following:
The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
The level of charging power in the Vehicle at the time User initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, road elevation changes, weather conditions, and other factors.
The discharging of the battery may make it impossible to operate the Scooter during a ride and the User´s desired destination may not be reached. Should this be the case shortly after commissioning the Scooter, no activation fee will be charged to the User. Any warranty rights of the User remain unaffected.
The distance and/or time that User may operate the Vehicle before it loses charging power is never guaranteed. The Vehicle may run out of charging power and cease to operate at any time during User’s rental of the Vehicle, including before reaching the desired destination.
11.2. If the battery charge level of the Scooter falls below the minimum level indicated in the App, the Company will render the scooter out of service and not for use. The User will be notified of this in the App.
Article 12 – Limitation of Liability of the Company
12.1. The Company is liable for damages caused by the Company or its lawful agents through intention or gross negligence.
12.2. The Company shall also be liable for slight negligence in the event of a breach of a principal contractual obligation, which is an obligation without whose fulfilment the Contract would be impossible and on whose fulfilment the user may regularly rely.
12.3. In the event of personal injury unlawfully and culpably caused by the Company, no limitations of liability shall apply to the Company.
Article 13 – Insurance
13.1. The Company hereby declares that it is covered by a third-party liability insurance policy against Company liability for injury to third parties or accidental damage to third-party property arising from the use of a Scooter.
13.2. The User acknowledges and is aware that the Company suggests activating suitable insurance coverage for the User’s own liability for injuries or property damage to the User or to third parties in relation to the use of the Service.
Article 14 – Obligations in the event of accident, damage, defect or theft
14.1. In the event of an accident or collision involving the Scooter, or in the event of damage or injury to property or person resulting from the use of the Scooter, the User shall:
stop using the Scooter as soon as possible and in a safe area and end the ride;
contact the Company through the Customer Service to inform of the accident/damage/injury, providing all necessary information requested by the Company;
report the accident/damage/injury to the Police and/or other Public Safety Authority, regardless of whether they believe it was caused by their own conduct or that of a third party;
stay at the scene of the accident/damage/injury until:
it is ascertained that all persons involved did not suffer any injuries and, if so, until medical help has arrived;
the Police and/or other Public Safety Authority have arrived at the scene of the accident and drawn up a report;
the Scooter has been removed by the Company and/or has been safely parked or driven elsewhere;
the User has taken the personal details, vehicle number plates and other necessary contact details of all vehicles and persons involved, including witnesses, as well as a copy of the report drawn up by the authorities.
14.2. In the event that the User fails to carry out the obligations indicated in the preceding points, it shall be considered a material breach by the User and the Company shall be held harmless from all liability and shall be entitled to terminate the Contract, without prejudice to the possibility of claiming compensation from the User for all damages suffered as a result of the User’s failure to fulfil his/her obligations.
14.3. Also, in the event of an accident, the respective Rental Contract shall be terminated as far as possible in accordance with the specifications of Article 15.1. If this is not possible, the Company will bring the Scooter into its custody as soon as possible and thus terminate the respective Rental Contract. The respective Rental Contract ends at the latest after 24 hours.
14.4. The User is liable for damages only in case of illegal as well as culpable causation.
14.5. In the event of loss, theft, robbery or vandalism of a Scooter during a ride by the User, the User must report the incident to the police and to Customer Service and provide the Company with the relevant report or protocol number provided by the police when reporting the incident.
Article 15 – Termination of the Contract
15.1. The respective Rental Contract shall end when the User has returned the Scooter by completing all of the following:
terminate the Rental Period through the App;
make sure that the Scooter is locked;
park within the Active Area in a suitable public parking area in accordance with the Regulations.
15.2. In order to terminate the Rental Period and the Contract, the User must not park the Scooter at the conclusion of the ride (a) in such a way as to obstruct pedestrians or vehicles, especially in areas where parking or stopping is prohibited, or (b) in places not accessible to the Company and/or other Users, or (c) anywhere outside the Active Area. If a Scooter is parked in violation of this Article, the User will be charged for administrative fines attributable and due to culpable conduct (in which case the User must first be given the opportunity to defend himself/herself legally), as well as the necessary and reasonable costs incurred by the Company for the recovery and/or removal of the Scooter. It is also expressly forbidden to park the Scooter next to traffic lights or traffic signs, parking ticket machines or parking meters, on pavements that are reduced to a width of less than 1.5 meters and in front of, or near, emergency exits or fire exits, as well as in any other place where stopping or parking is prohibited under the Regulations. The User shall reimburse the Company for damages incurred in the event of his culpable violation of this prohibition to a reasonable and necessary extent. With regard to imposed regulatory fines, the Company may only seek recourse against the User if the regulatory fine is attributable to the User due to his/her unlawful and culpable conduct, the regulatory fine is due and the User has first been given the opportunity to defend himself/herself legally.
15.3. If due to poor or no connection of the Device the Rental Period cannot be terminated, the User shall park the Scooter elsewhere and repeat the operation. If the Contract cannot be terminated for technical reasons, the User is required to contact Customer Service immediately. If the User abandons the Scooter without having terminated the Contract or contacted Customer Service, the Contract shall continue and the User shall be charged the corresponding amounts under the Tariff Plan.
15.4. If no agreement is reached regarding the condition of the Scooter, the Company will have the condition of the Scooter expertly examined by a professional at its expense. In case of his/her unlawful and culpable causation, the User shall be liable for the costs incurred for the evaluator to a reasonable and necessary extent.
Article 16 – Economic conditions
16.1. The Service provides for the following pricing as specified in the Tariff Plan in the App for the location where the scooter is rented: Service start-up or unlock charge and “per minute” charge, calculated on the basis of the time of each individual Rental Period. Partially used minutes shall be considered rounded up to 60 (sixty) seconds starting from the thirty-first second. When the User provides a payment method on the Account, the Company’s system will attempt to verify the payment information entered, by processing an authorization hold to ensure the Payment Card is valid and available for use on the Account. The Company may also offer subscription services or passes in the App which require recurring payments, which shall be subject to any additional terms specified in the App.
16.2. In the event that there are insufficient funds in the User’s Account or through the Payment Card for the Rental Period, the remaining balance will be charged as soon as the funds are added. The User will not be able to start a new Rental Period until sufficient funds are available through the Account and there is no remaining balance due.
16.3. To clarify any complaints about the debited amount, the user can contact the customer service via e-mail:
The company will check the complaint and refund an incorrect debit.
16.4. The User hereby authorises the Company to debit the usage fee owed according to Article 16.1, including the activation fee, from the Payment Card linked to the Account.
Article 17 – Rights of suspension of service and termination
17.1. The Company reserves the right at any time to terminate, deactivate or suspend the User’s Account and restrict the User’s access to the Services. The Company also reserves the right to take action against the User for damages and take any legal action for its own protection in the competent courts.
17.2. The Company may terminate the Frame Contract, and thus the User’s Account, by sending a notification to the User via text or e-mail with fifteen (15) days’ notice. This period shall commence upon receipt of the notification.
17.3. If the Company detects any violation of these Terms and Conditions or the Regulations, the Company may suspend or terminate the User’s Account immediately and without prior notice by sending a text, e-mail or notification within the App to the User. Examples of such violations may include, but are not limited to:
non-payment and/or late payment of the amounts due under the Tariff Plan or these Terms and Conditions;
inaccuracy or unreliability of the information provided to the Company through the App during registration or subsequently, including creation of multiple accounts by one person in order to abuse promotional codes, credits or other discounts, or otherwise evade these Terms and Conditions;
in the event of failure to return a Scooter or in the event of riding by a person other than the User;
facilitation or negligent or willful commission by the User of a theft, robbery or vandalism of one or more Scooters;
if the User incurs multiple penalties for violations of the Regulations;
if the User, through his/her own negligence and fault, has caused an accident with pedestrians or vehicles or damage to the Scooter.
17.4. In the event of termination of the Contract, the Company reserves the right to claim any damage from the User that he/she has caused unlawfully and culpably.
Article 18 – Compulsory information provided by the User
18.1. To create and maintain an Account, the User shall provide through the App and keep current the mobile telephone number of the Device used with the Account and a valid form of payment for use on the Account. User may update any information provided on the Account using the App, and the Company may suspend or terminate the Account if the information is not up to date and accurate.
18.2. The Company undertakes to comply with the European regulation on data protection (Regulation (EU) no. 679/2016 “GDPR”), in accordance with its Privacy Policy.
Article 19 – General clauses, legislation and competent court
19.1. The Contract is governed by the laws of the Republic of Austria.
19.2. Pursuant to Article 14.1 of Regulation (EU) no. 524/2013, the User is informed of the existence of the European Union’s online dispute resolution platform, accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT.
Article 20 – Communications between the Company and the User
20.1. Any communication for the purposes of the Contract shall be made to the following addresses:
for the Company: Superpedestrian Europe BV - Niederlassung ÖsterreichBV, having its registered address at Opernring 1/ R 745-748 / 1010 Vienna / Austria and by e-mail to support@superpedestrian.com
for the User: the contact details associated with the Account.
Article 21 – Miscellaneous
21.1. If the Company fails to enforce its rights and entitlements under this Contract, such conduct shall not in any event be construed as a waiver thereof, nor shall it prevent the Company from requiring full, timely and strict performance of the Contract at a later date.
21.2. The Company may assign or transfer these Terms and Conditions in whole or in part, and/or its rights and obligations arising out of them to: Superpedestrian Inc, 84 Hamilton Street, USA-MA 02139 Cambridge