General terms and Conditions
Wiil Sàrl ("provider") operates self-service electric scooter systems and offers complementary products focused on guided tours for tourism purposes.
The provider offers its customers ("customers") a system of self-service electric scooters ("scooters") in the parking areas provided for this purpose.
Wiil customers can contact Wiil at:
Rue du Midi 25
Tel: 41 79 839 63 26
2 PURPOSE AND CONCLUSION OF THE CONTRACT
These Terms and Conditions (NTCs) govern the relationship between the customer and the provider when using short-term scooters as part of the customer's self-service scooter offering. Rates for the use of scooters are published in general information on the Wiil app and the website: www.wiil.ch. The applicable tariffs and taxes are those in effect at the time of use. The provider can adjust rates at any time. In the event of a rate adjustment, the customer retains the rate that was applicable at the time of the rental.
The contract between the customer and the supplier comes into effect at the time of the use of the electric scooter. In order to enter into a contract with the claimant, the client must be at least 16 years old. The minimum age is 14 years (14-16 years allowed Cat. M, 16 years old no permit). Creating an account for a person under the age of 14 is prohibited.
3 CUSTOMER ACCOUNT
The customer registers via the provider's app with their name, address,emailphone number and payment method.
The customer account and the corresponding means of access are personal and non-communicable. If a means of access is lost, the provider must be informed and the customer must make the corresponding changes to his client account. If the client fails to do so, he assumes responsibility for any unauthorized use of his means of access by third parties (e.g. in the case of unauthorized transmission), as well as the resulting harms.
On his personal customer account, the customer enters, via the provider's application, within ten business days, all changes made since his registration (e.g. change of name or new means of payment).
The claimant reserves the right to block the customer account at any time (withdrawal of the authorization of use), on a temporary or final basis, when such a measure seems objectively justified. This provision applies in particular in case of unpaid invoices, vandalism, theft of the scooter, breach of the rules of use or any other obligation of the customer. Benefits provided up to the time of the blockage are billed.
4 CONDITIONS OF USE
Under no circumstances can the customer demand the availability of a scooter, the proper working order of a scooter, the sufficient load status of a scooter or the presence of free spaces in the parking areas of the various partners.
The customer can only borrow one scooter at a time. The customer takes responsibility for the scooter borrowed via his customer account, even if he is not the driver himself.
4.2 Control of the state of the electric scooter
Before starting his journey, the client has the obligation to check that the scooter is free from any visible damage. During this check, it shall verify in particular that the brakes and lights work and that the tires are sufficiently inflated. If damage is found, the scooter must not be used (exception is the damage purely cosmetic with no impact on the reliability of the scooter) and the damage in question should be reported. At default, the customer may be held responsible. The reporting is done via the application or by a telephone call to the customer service of the provider.
Scooters should only be used if the driver is fit to drive. Customers are prohibited from riding scooters if their reaction skills are impaired, including alcohol, medication or drugs, extreme fatigue or illness.
Scooters can only be used on roads and road roads.
The customer must handle the scooter with care. It is prohibited from using it for purposes contrary to the law or for any other purpose not in accordance with the contract. The use of scooters for competition of any kind is prohibited. Road traffic legislation (particularly the Federal Traffic Act and the Road Traffic Rules Ordinance) must be respected. It is forbidden to carry a passenger or animal on the scooter or in the crate. The minimum age for scooter use is also set by road traffic legislation. The customer may respond to any tickets or damages he has caused. The provisions of point 5 below relating to cases of injury, theft and accident are also applicable.
If the scooter is parked during the journey, it must be locked with the electronic anti-theft device it is equipped with. The locking is done manually.
4.4 Return of the electric scooter
The restitution must be done at the starting point. Upon return, the customer must manually lock the electronic anti-theft system by pressing the loop of the padlock until it clicks into place. Then the client must put an end to his race on the application. The restitution is confirmed to the client in the client account on the application. If the customer leaves the scooter so that the restitution has not been confirmed, the journey continues to run at the customer's expense. If the scooter has not been duly returned within 24 hours, the provider sees the scooter as missing (see section 5.1). The hour of the return registered and are authoritative for the invoicing. If, despite all efforts of the client, the scooter may not be duly returned, the customer must immediately inform the customer service and will bear the costs.
If the customer is unable to return the electric scooter to his place of departure, the customer must inform the customer service. If the cause rests with the customer, the customer is responsible for having to return the scooter to his place of departure and will bear the costs that may be incurred. If the cause is not the client's responsibility and comes from a technical problem with the scooter, all costs of repatriating the scooter will be covered by Wiil Sàrl.
5 DAMAGE /THEFT /ACCIDENT
All flights are to be reported to the provider within 24 hours. At the same time, the customer must file a complaint of theft with the police.
The customer declares that he is insured against accidents. Accidents and falls with property damage should always be communicated immediately to the claimant. In the event of personal and/or material damage suffered by third parties or in the event of possible liability or co-responsibility of a third party, the client must also immediately call the police and establish an accident report, a copy of which must be sent to the provider within 3 working days.
The fee for use of the scooter are billed to the customer on the basis of the rates published in the app and website : www.wiil.ch. The customer is liable for the amount of the journey corresponding to the use of the scooter until it is returned in good and due form (see section 4.4). The calculation of usage charges is based on the life of the loan. If the scooter has not been restored correctly and that the customer service has not been notified, the duration of the short ride at the expense of the last customer until its return in good and due form.
By indicating its means of payment, the customer grants the provider permission to debit directly through this means of payment all the costs related to the use of the offer. The customer is required to ensure that his means of payment is valid and sufficiently supplied.
Credit card payments also remain subject to the CGs of the corresponding financial institutions.
Any billing claim must be filed within 30 days of the debit date. Otherwise, the invoice will be deemed accepted.
In case of arrears of payment, the provider can block the customer account.
7 TERM OF CONTRACT AND TERMINATION
8 DATA PROTECTION
In the context of the seizure and processing of personal data, the provider complies with current legislation, in particular data protection legislation. It protects its customer data through appropriate technical and organizational measures and treats it confidentially.
It collects, processes and records personal data only to the extent that it is necessary for the provision of services, for the security of operations and infrastructure, for billing and for the development and management of the customer relationship, in particular with the aim of ensuring a high level of quality of service.
8.2 Market research, customer advice and marketing
To enable the provider to develop a market-appropriate offer, the client consents to register and use his personal data for market research (e.g. customer satisfaction survey) and advice.
The customer also consents to the provider registering and using his personal data for his own advertising.
The customer may at any time and without indication of reasons prohibit the provider from using his personal data as long as such use is not necessary for the provision of services. For the exercise of the right to challenge, the rights of the persons concerned will be referred to.
Personal data may only be transmitted to third parties not considered subcontractors to the extent that the law allows it or after obtaining the client's prior consent and within the framework of the purposes of the treatment mentioned above.
8.3 Rights of those affected
The customer is entitled to demand to be informed about the processing of his personal data and to require the correction, removal or their destruction. It can prohibit the processing of personal data and their communication to third parties, provided that they are not indispensable to the provision of services it requires. The client may at any time revoke the consent given previously to the processing of his data, this shall not affect the lawfulness of the processing of data carried out during the period for which valid consent has been granted. If it is not possible to establish the accuracy or inaccuracy of the data, the client may require that a reference was made to his protest.
Remain reserved to the legal requirements that bind or empower the service provider in terms of treatment or publication of the data. If the law prohibits, inter alia, the deletion of the data, it will only be blocked and not deleted.
To assert his rights, the customer addresses Wiil's customer service in writing, attaching a copy of his passport or identity card, using the contact form on the https://wiil.ch/contact/website.
The client agrees that the provider has recourse to third parties for the provision of the service and to put at their disposal the data required to this end. The sub-contractor is subject to the same obligations as the service provider in the field of data protection. It is not allowed to process data for its own account or without mandate or instructions of the service provider, unless legal provisions to the contrary. The service provider undertakes to ensure a selection of information and rigorous control of service providers.
9 FINAL PROVISIONS
The claimant disclaims any liability for damages suffered by the client in connection with the performance of this contract, unless intentional misconduct or gross negligence on his part can be demonstrated.
Any liability of the claimant for indirect or consequential damages, harm to third parties or a loss of earnings is excluded.
The claimant disclaims any responsibility for personal belongings left on the scooter or in his basket.
9.2 Customer Responsibility
The client incurs his primary liability under the provisions of these CGs and in the alternative under the legal provisions in the event of deterioration, non-compliant rendition or disappearance of the scooter, or if the borrowing procedure is not carried out properly or if the client breaches his obligations under the CGs. The client's liability also extends to ancillary costs related to the damages, such as expert costs, repair costs or loss of enjoyment.
Insurance (accident insurance and things insurance and liability) is the responsibility of the customer.
The onus is on the user to enter into the liability insurance required to ride an electric scooter
The claimant reserves the right to modify the CGs at any time. Changes are communicated to the customer in an appropriate form, with reference to their effective date, and are deemed to be known by the customer as of that date.
The amendments are deemed approved by the client unless the client terminates the contractual relationship within one month (taking into account the provisions in point 7.2).
The place of jurisdiction is Vevey. In the event of a dispute arising out of contracts concluded with consumers, the place of jurisdiction is the domicile or the headquarters of one of the parties when the action is brought by the customer, and the domicile of the defendant when the action is brought by Wiil Sàrl. By contracts concluded with consumers, refers to the procurement of services that are designed to meet personal or family needs of the client.
For customers whose domicile, respectively the registered office, is abroad, Vevey is the place of pursuit and the exclusive place of jurisdiction for all proceedings.