E-scooters: serious gaps in the small print

The consumer advice center has now found 85 inadmissible clauses in the general terms and conditions of e-scooter providers and warned the companies. This includes, among other things, the points of inspection, reimbursement and data protection. E-scooter providers are attempting to shift risks and responsibility onto their customers in a legally critical manner. This was the result of a recent review of the terms of use of five large rental companies by the Federal Association of Consumer Organizations (vzbv). The vzbv has identified some serious violations by all providers, such as impermissible liability regulations and the passing on of maintenance and inspection obligations to customers. The vzbv has now issued a warning to the companies.

“The providers of e-scooters have formulated terms of use that are hostile to consumers. “Customers are sometimes supposed to pay for damages that were not their fault,” says Kerstin Hoppe, legal officer at vzbv. “In addition, the providers often decline any responsibility for the condition of the e-scooters and do not even want to guarantee that the rental service works.”

After reviewing the terms of use, the vzbv issued warnings to five rental companies that have recently been active in German cities: JUMP Bicycles GmbH, LMTS Germany GmbH (Circ), Neutron Holdings (Lime), TIER Mobility GmbH and VOI Technology Switzerland AG. The results are not very flattering for the young industry: according to the vzbv, a total of 85 clauses are inadmissible.

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Customers are obliged to carry out a comprehensive inspection

According to the vzbv, customers are disadvantaged primarily by the liability regulations. Under the most anti-customer interpretation, anyone who rents an e-scooter “at their own risk” is liable for almost all damage caused by accidents or theft, regardless of their fault.

In some cases, the providers neither guarantee that the scooters are in a roadworthy condition nor that the batteries work. Some even shift their obligation for regular maintenance and inspection entirely onto the customer and require them to carefully check, among other things, brakes, lighting, wheels, frames and batteries for any defects before each trip. Consumers are generally unable to carry out the required inspection professionally.

“The vzbv supports mobility innovations such as e-scooters. They make the offering more diverse for consumers and can contribute to the transport transition. However, providers should do everything they can to make the use of e-scooters as safe, environmentally friendly and customer-friendly as possible,” says Marion Jungbluth, team leader for mobility and travel at vzbv.

No performance guarantees

The vzbv is also critical of the fact that the companies do not guarantee that their rental service is even available. A typical formulation: “VOI provides the services without giving any kind of guarantee in this regard,” says Jungbluth. Several providers reserve the right to restrict or discontinue the service at any time and to change the rental conditions at short notice without taking the interests of the users into account.

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Circ has already submitted the requested cease and desist declaration. The Tier company has changed its conditions. Other providers have signaled that they want to change their clauses and submit the required cease and desist declaration. If they do not do this, the vzbv will take legal action in court.

Lots of pitfalls in the small print

There are numerous other clauses in the terms of use which, in the opinion of vzbv, are unlawful. Some examples:

  • All costs that the lender believes were caused by the customer may be collected from the payment account - including claims from third parties. Providers reserve the right to block users' access to the rental service if they are in arrears with payments or to terminate it at any time without giving reasons.
  • Sometimes customers have to pay completely exorbitant fines if they park the vehicle incorrectly or do not deregister it correctly.
  • Rental fees are generally not refunded or only if the customer complains at short notice - even if the customer was unable to start the journey because the scooter was defective or the battery was empty.
  • Personal data can be used for advertising purposes, for example, without the necessary consent of the customer.

In line with this topic: 

Source: vzbv.de


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