1.1. Hereby Membership Agreement has been concluded between Društvo sa ograničenom odgovornošću (Limited liability company) “Hop Montenegro” Podgorica, with registered seat at: 11 Ilije Plamenca Street, 81000 Podgorica, registration number: 51033268, tax identification number: 03436608, on one side, and the natural person who has approved/accepted this agreement through the application on the other side.
Hop Montenegro: Društvo sa ograničenom odgovornošću “Hop Montenegro” Podgorica
MEMBER: Natural persons who rent and use the vehicles provided by Hop Montenegro by registering to the system created by Hop Montenegro under the terms of this Agreement and who approved and accepted this Agreement through the application,
VEHICLE: Provided that the conditions specified in hereby Agreement are complied with; electric scooter type vehicles that are supplied and brought into use in advance,
AGREEMENT: User agreement for renting these vehicles
FEE FOR TIME: The price to be paid by the USER, which is calculated by the Hop tracking system on a per-minute basis for the distance covered by the USER during the usage period
PRICE LIST : The price list published on the Hop application-website involving the fixed starting rate and the minute rate determined by Hop,
PERSONAL DATA: n accordance with the Law No. 6698 on Protection of Personal Data, all kinds of information about a specific or identifiable natural person (including sensitive personal data),
APPLICATION: Hop Android and iPhone Mobile application,
WEB SITE: www.hop.bike web site,
RENTAL PERIOD: Rental period of vehicles.
3.1. The subject of this Agreement is; fulfillment of the rental vehicle services by Hop Montenegro which will be requested by the MEMBER during the period the contract is in force and the forms and conditions of the rental payment and the other fees to be made by the MEMBER and also determination of the mutual rights and responsibilities.
4.1. By completing the registration process after fulfilling the membership procedure determined by Hop Montenegro in the Application, the person wishing to be a member, completes the Membership. After the registration, the MEMBER also approves and accepts the provisions of this Agreement and all kinds of statements announced/to be announced by Hop regarding membership and rental conditions.
4.2. The MEMBER accepts and declares that; personal data including personal identification number (and/or driving license, passport etc.), address, e-mail and contact information that he/she has specified in the membership process are complete and correct; he/she will immediately update this information through the application in case of change in his/her information; and also he/she will be solely responsible for all kinds of legal disputes and damages that may arise due to incomplete, outdated or incorrect information. No liability can be attributed to Hop Montenegro due to Member’s non-compliance with the provisions of this Agreement..
4.3. In order to get rental service from Hop Montenegro, the MEMBER must be over 18 years old, approve this Agreement entirely through the application and accept all terms of it, by which it is considered that the Agreement is concluded. Members declare and accept that: they will fulfill all of the membership conditions; if the membership conditions are not fulfilled, their membership and this Agreement can be terminated by Hop Montenegro unilaterally at once, without any compensation and notification, while the membership cannot be transferred.
4.4. The MEMBER accepts, declares and commits that: information obtained by Hop Montenegro during the subscription process will be recorded and kept in the system; driving license terms should be in accordance with rental conditions specified in the Application; he/she must be over 18 years old; the mobile phone used during the registration must be in working condition when receiving and using the vehicle and ending the rental process, since the activation and operation of the system is carried through the mobile phone and that the vehicle should be locked to any fixed position by using the fixed lock on the vehicle. The MEMBER accepts that he/she will not take the vehicle if all the conditions specified in this article are not available.
5.1. In order to rent the vehicles of Hop Montenegro, the MEMBER is obliged to select the vehicle and make the rental request through the Application. Hop Montenegro is authorized to change the aforementioned communication channel unilaterally.
5.2. Hop is authorized to request a copy of the MEMBER’s driving license or identity card with the personal identification number, which is issued in the name of the MEMBER and its validity is declared and committed by him/her. Hop Montenegro has the right to obtain information about the MEMBER by applying to relevant authorities with the aim of checking the accuracy of the MEMBER’s personal information and documents. Hop Montenegro reserves the right not to rent, in case the aforementioned documents are not submitted.
5.3. In case the information and/or documents provided by the MEMBER are incorrect or are not in accordance with this Agreement and its terms, this will be considered a breach of the Agreement and will give Hop Montenegro the right to cancel the Agreement unilaterally.
5.4. The MEMBER accepts and declares that: all transactions made with his/her user name, password and the Application, as well as all transactions made with the e-mail address and mobile phone he/she has given to Hop Montenegro are under his/her responsibility and done with his/her own consent. The vehicle is deemed to be delivered when the MEMBER gets physical access to it and the Vehicle is activated by providing the necessary communication to the mechanism in the vehicle via the Application with the MEMBER’s mobile phone. The MEMBER is personally responsible for all transactions like: cancelling the rental request made with the Application, reporting the faults and defects in the vehicle and running the vehicle, as well as all transactions made with the e-mail address and mobile phone, he/she has given to Hop Montenegro. Hop Montenegro’s records are valid in all transactions made with the Application and the MEMBER irrevocably accepts that; he/she approves all kinds of records and documents produced by Hop Montenegro.
6. PRICE LIST, FEE, CHARGING AND ASSURANCE
6.1. Fixed starting rate, tariff, distance fee, service charge and all other fees to be applied for vehicle rentals are the amounts announced by Hop Montenegro in the application. Fees in the price lists may vary. Hop Montenegro has the right to change and cancel the declared fixed starting rate, tariff, distance fee, service charge and all other fees at the latest before the relevant rental without the need for any permission and notification. The MEMBER accepts the new price and charging to be announced in the Application in advance.
6.2. The MEMBER is obliged to pay the rental fee on the basis of the period of time he/she uses the rented vehicle. All details about pricing are included in the Application and Hop Montenegro reserves the right to change the rental conditions and related fees.
6.3. Rental fees are priced depending on the rental period. Hop Montenegro tracking system data regarding the rental period is valid and this data is taken as basis in all calculations. Data in the mechanisms on the vehicle are not taken into account in the calculations.
7.1. The MEMBER accepts, declares and undertakes to pay the rental fees regarding the rental processes made within the scope of this Agreement, traffic fine payments, damage costs caused by his/her own faults, mistakes, omissions and carelessness; as well as service charges; and without being limited to those listed, all other charges and VAT amounts arising from this Agreement and the rental process.
7.2. After the end of use, the MEMBER shall make the payments regarding the rental transactions in cash, with the registered credit card defined in the Application, of which the MEMBER is the holder (in the name of the MEMBER) or on behalf of someone else that the MEMBER has declared and the MEMBER guarantees that has gained approval. It is obligatory to define at least 1 credit card in the Application, of which the MEMBER is the holder (in the name of the MEMBER) or on behalf of someone else that the MEMBER has declared and the MEMBER guarantees that has gained approval and it is impossible to cancel the credit card information in the system without defining a new card.
7.3. In case the MEMBER has any debt in accordance with this Agreement, Hop Montenegro has the right to suspend and cancel the membership of the MEMBER and this Agreement without prior notice and not to meet rental demands.
8. USAGE OF THE VEHICLE AND RESPONSIBILITY
8.1. Upon the physical access of the MEMBER to the vehicle, it is deemed to be leased out to the MEMBER and he/she declares and undertakes to use the vehicle in accordance with the terms specified in this Agreement and in accordance with relevant laws, by-laws and municipal regulations, as well as in accordance with instructions of state and municipal authorities; to pay the rental fee and the other fees mentioned in this Agreement and to pay the VAT amount regarding these fees and to accept all the terms stated in this Agreement.
8.2. Except the MEMBER who rents the vehicle, no one can use the vehicle or make it used. Apart from the person who made the rental, no one has the right to use the vehicle for any reason. In case that the vehicle is used by anyone other than the MEMBER renting the vehicle, the MEMBER will be responsible for all costs, including, but not limited to costs of damage/defect/loss occurred during the rental process or in relation to the rental. The MEMBER will be solely responsible for all damages and penalties that may arise due to having the vehicle used by someone else. Regarding the costs to be paid for this reason, Hop Monetegro’s right of recourse to the MEMBER is reserved. Hop Montenegro has the right to collect the aforementioned costs from the credit card registered in the Application and the MEMBER has accepted and consented to this situation in advance.
8.3. The MEMBER is liable to visually inspect the vehicle for any damage before receiving it and to upload the relevant images to the Application or to inform Hop Montenegro immediately with the help of Hop Montenegro’s communication channels in case of detecting any damage. Otherwise, the vehicle is deemed to be received by the MEMBER completely and undamaged, intact and in good condition.
8.4. The MEMBER accepts and undertakes to abide by the relevant regulations and written principles regarding the use of vehicle published by Hop Montenegro in the Application, to show the necessary care and attention while using the vehicle and to ensure that the vehicle is in good condition.
8.5. The USER will consider the following risks and hazards (but not limited to) while using the vehicle:
- Motorized – Non-Motorized Vehicles and the other objects,
- Traffic flow,
- Vehicle or vehicle component dysfunction,
- Road condition and quality,
- Weather condition.
8.6. The MEMBER accepts to use the vehicle in accordance with all relevant laws and by-laws, as well as in accordance with instructions and rules set out by state and municipal authorities and in accordance with terms of this Agreement. The MEMBER accepts to use the vehicle within the limits and security precautions stated in the Application and to end the rental process within these limits. In case of going beyond the limits specified in the Application and/or using the vehicle without taking the security measures mentioned in the Application, and/or in case of non-compliance with relevant regulations, the MEMBER will assume full responsibility in this regard and will be solely liable for all kinds of damages and losses and expenses that occur. Regarding the aforementioned damages, losses and expenses to be paid for this reason, Hop Montenegro’s right of recourse to the MEMBER is reserved. Hop Montenegro has the right to collect the aforementioned damages, losses and expenses from the credit card registered in the Application and the MEMBER has accepted and consented to this situation in advance.
8.7. In case of driving beyond the limits specified in the application or as stated in the relevant regulations despite it is within the limits specified in the Application, which may result in endangering lives and physical integrity, endangering safe and independent movements of pedestrians, disabled people or the ones with reduced mobility and also vehicle or pedestrian traffic, violation of property of other persons, violation of public order and peace, parking violations or violation of any traffic or other regulations, all material, criminal and misdemeanor responsibility arising from all kinds of the aforementioned or other prohibited or unacceptable behavior will belong to the MEMBER and when deeming necessary Hop Montenegro has the right to terminate this Membership Agreement unilaterally.
8.8. It is strictly prohibited to use the vehicle especially (but not limited to) for the following purposes and the MEMBER will be solely responsible (material, criminal and misdemeanor) for any behavior contrary to this:
- In the transport of goods contrary to the Customs Legislation and the other laws,
- In illegal business,
- In pulling or pushing any vehicle etc.,
- In the transport of passengers or goods for commercial purposes,
- In the transport of personal cargo/goods in a manner that will bring damage to the vehicle and exceed the carrying limit,
- Driving under the influence of drugs or alcohol,
- Using the vehicle in bets and races,
- Using the vehicle in unsuitable places and conditions (sand, mountainous terrain, stream bed, swamp, etc.) and/or in places and roads that are not suitable for the technical structure and endurance of vehicle,
- Using the vehicle without protective equipment (helmet, knee pad, elbow pad, etc.) necessary for using it in a way that is suitable for life safety and health,
- Using the vehicle in violation of the traffic rules specified in Traffic Safety Law or in violation of other relevant regulations.
Regarding the damages and expenses incurred due to prohibited and improper use and the costs that have to be paid, Hop Montenegro’s right of recourse to the MEMBER is reserved. Additionally, in case it is determined that the vehicle has been used in violation of the relevant provisions of Traffic Safety Law or other relevant regulations, necessary actions will be taken against the MEMBER in accordance with the provisions of the relevant law. Hop Montenegro has the right to collect the aforementioned damages and costs from the credit card registered in the Application and the MEMBER has accepted and consented to this situation in advance.
8.9. The MEMBER is liable to give the vehicle back to Hop Montenegro within the area where the rental process has been made. Via the application, Hop Montenegro informs the MEMBERS about the coverage area where the rented vehicle can be used. In case of going beyond the service area and there is a suspicion of misuse of trust (at Hop Montenegro’s discretion), Hop Montenegro reserves the right to unilaterally terminate this Agreement and to take legal actions without the need for any notice, warning or decision. The MEMBER is solely responsible for all kinds of damage and the rental costs and expenses for the elapsed time until the vehicle is brought back to the service area. Hop Montenegro has the right to collect these costs from the credit card registered in the Application and the MEMBER has accepted and consented to this situation in advance.
8.10. The MEMBER accepts and undertakes that no changes will be made on the vehicle without the written permission of Hop Montenegro. Otherwise, the MEMBER will be responsible for reinstatement expenses and damages incurred on the vehicle.
8.11. The MEMBER undertakes not to interfere in any way with the GPS etc. systems placed on the vehicle with security and pricing purposes, not to try to change the settings of device, to remove it from the vehicle or to cut its wires. Aforementioned actions can be detected by Hop Montenegro and in case there is a suspicion of misuse of trust (at Hop Montenegro’s discretion), Hop Montenegro reserves the right to unilaterally terminate this Agreement and to take legal actions without the need for any notice, warning or decision.
8.12. The MEMBER accepts and undertakes to pay for all damages and losses and costs, including any mechanical, electrical and electronic cost caused by the reasons as misuse and/or inattention, negligence etc. arising on the vehicle, which has been received by the MEMBER in good condition.
8.13. In case the MEMBER deletes the credit card defined by him/herself in the Application during the rental process and if Hop Montenegro determines that the credit card cannot meet the fees and costs specified in this Agreement and in relation to this Agreement or if the credit card does not belong to the MEMBER and it is detected that the credit card is used without the knowledge of the card’s owner, Hop Montenegro has the right to immediately take back and confiscate the rented vehicle regardless of where it is and terminate the rental process without the need for prior warning, permission or decision.The MEMBER accepts and declares that he/she will not make any request under any name from Hop Montenegro due to the termination of the rental process.
8.14. All risks that may arise from the usage of the vehicle belongs to the MEMBER. Within this scope, the MEMBER will be personally responsible (material, criminal and misdemeanor responsibility) for profit loss, data loss, personal injury, death, damage to property, material damage to Hop Montenegro and third parties as well as in all other situation that may occur during and/or due to the usage of the vehicle. Regarding the damages and costs to be paid for this reason, Hop Montenegro’s right of recourse to the MEMBER is reserved. Hop Montenegro has the right to collect these damages and costs from the credit card registered in the Application and the MEMBER has accepted and consented to this situation in advance.
8.15. Since the beginning of rental process, the MEMBER is obliged to take necessary measures to prevent the vehicle and its components from being stolen. In case of any theft, the MEMBER must immediately apply to the competent State authorities (the competent police unit and state prosecutor’s office) and submit to Hop Montenegro the official report about this event and about application submitted to the competent State authorities.
8.16. Hop Montenegro cannot be deemed responsible in any way for the loss, damage, theft or abrasion of any property carried or left in the vehicle by the MEMBER.
8.17. The MEMBER will be responsible for all kinds of material and moral compensation and expenses that may arise from the damages caused to third parties during the rental period of the vehicles. Regarding the costs to be paid for this reason, Hop Montenegro’s right of recourse to the MEMBER is reserved. Hop Montenegro has the right to collect these damages and costs from the credit card registered in the Application and the MEMBER has accepted and consented to this situation in advance.
8.18. Even if this Agreement has expired, the MEMBER’s responsibility will remain due to the damages and costs caused by the wrongful act of the Member and/or User during the rental period.
8.19. Hop Montenegro is not the manufacturer of the vehicle and cannot be deemed responsible in any way for any damages, losses and compensations that may arise from the manufacturing defects of the vehicle or its spare parts.
8.20. Hop Montenegro is not responsible for any damages that may occur due to any or all of the vehicles being out of action in consequence of the Member’s negligence or wrongful act.
9. RETURN OF THE VEHICLE
9.1. The MEMBER will return and deliver the vehicle completely and undamaged as it was received. The MEMBER will be responsible for all kinds of damages, losses and deficiencies occurred as a result of unusual use, which are detected during the return of the vehicle and obliged to immediately pay the amount to be determined by Hop Montenegro. Moreover, Hop Montenegro has the right to inspect the damages and deficiencies on the vehicle after the return date and inform the MEMBER.
9.2. In the event that the MEMBER does not comply with any article of this Agreement, especially if he/she does not deliver the vehicle at the end of the rental period, Hop Montenegro is authorized to immediately take back and confiscate the rented vehicle regardless of where it is and terminate the rental process without the need for prior warning, permission or decision. The MEMBER is obliged to pay the damages and expenses that may occur in the period until the vehicle is taken back and confiscated by Hop Montenegro.
9.3. The vehicle is deemed to be returned and the rental process is considered as ended, when the vehicle is closed by accessing the mechanism on the vehicle via the Application with the MEMBER’s mobile phone and the vehicle is locked to a fixed point with the lock on the vehicle and then a photo of the fixed vehicle is taken and sent via the Application.
9.4. Maximum rental period is 12 hours and the MEMBER has to terminate the usage before the maximum rental period expires. The MEMBER may rent the vehicle again, after terminating the usage before the maximum rental process expires. If the MEMBER does not terminate the usage at the end of the maximum rental period, Hop Montenegro has the right to end the usage over the system. Hop Montenegro’s preference to not exercise this right on time and/or at no time does not give the MEMBER in any circumstances the right to not pay for the usage exceeding the maximum rental period and to avoid other contractual/legal responsibilities.
10. RIGHT TO TERMINATE AND EXPIRATION OF THE AGREEMENT
10.1. Hereby agreement will enter into force on the date of signature (approval of the user agreement on the application) and is valid for 1 (one) year. Unless one of the parties gives written notification at the latest 15 days before the expiry date of the Agreement, the agreement will automatically be extended in one-year periods.
10.2. If deemed necessary, any of the parties has the right to terminate this Agreement unilaterally, without compensation and without any reason, provided that it is notified in writing 15 days before the agreement period.
10.3. In case the MEMBER fails to pay any of Hop Montenegro’s receivables in a timely and complete manner and/or the MEMBER acts partially and/or completely against any provision of the Agreement and/or the vehicle is abandoned anywhere and/or there is a suspicion of breach of trust, Hop Montenegro has the right to terminate this Agreement unilaterally and without compensation, without the need for any notice, warning or decision.
10.4. In the event of expiration and/or termination of this Agreement, the MEMBER’s responsibility remains about the rental transactions made by the MEMBER within the agreement period.
11. TRANSFER AND ASSIGNMENT
11.1. Hop Montenegro has the right to transfer and assign its rights and obligations under this Agreement, partially and/or completely, to any person of its choice, without the MEMBER’s permission, but with notifying the MEMBER.
11.2. The MEMBER cannot transfer and assign his/her rights and obligations under this Agreement, partially and/or completely, without Hop Montenegro’s written consent.
12.1. The parties accept that all kinds of commercial, professional information and personal data about the other party that they will know in accordance with this Agreement (prior to the conclusion, during and after the validity period) are confidential and undertake that this information will not be disclosed to third parties by the aforesaid parties or their employees, during and after the Agreement. This privacy commitment remains valid even if this Agreement is terminated/expired. Parties agree and declare thatthey will compensate all kinds of damages suffered by the other party in the event they violate the obligation of privacy.
13. PROTECTION OF PERSONAL DATA
13.1. Hop Montenegro accepts and undertakes to protect the information it has acquired within the scope of this Agreement, in accordance with Personal Data Protection Law and all other relevant regulations, and in this context, to comply with the principles and obligations regarding the protection and processing of any Personal Data about the MEMBER and to be personally responsible in case of violation of these.
13.2. In this context, except for the personal data of the MEMBERS that is obligatory to be acquired, processed or shared with authorities, organizations and third parties for the performance of the vehicle rental service subject to this Agreement, Hop Montenegro cannot process Personal Data, including but not limited to the ones listed, cannot use it for the wrong purposes and cannot transfer it to third parties, without the prior express consent of the relevant MEMBER.
13.3. Hop Montenegro is obliged to ensure the personal data protection and to take all necessary technical and administrative measures in order to prevent the illegal processing and access of the Personal Data it has acquired and processed in accordance with the law within the scope of this Agreement.
13.4. Hop Montenegro cannot disclose the Personal Data obtained about the MEMBER to anyone else contrary to the provisions of the Personal Data Protection Law and cannot use it other than for the purpose of providing services specified in this Agreement. This obligation remains valid even if this Agreement is terminated/expired.
13.5. In the event that the MEMBER’s Personal Data is obtained by anyone else illegally, Hop Montenegro will immediately inform the MEMBER and support the MEMBER about the technical and administrative measures in order to avoid any damage or prevent the growth of existing damage. In this context and upon the written request of the MEMBER, the authorized person or body of Hop Montenegro will provide all necessary explanations in writing.
13.6. In the vehicles supplied by Hop Montenegro for rental process within the scope of this Agreement, there are devices like tracking systems that collect and record the Personal Data of the MEMBER in order to provide services subject to the Agreement such as: the operation and closure of the vehicle, calculating the distance and time covered by the vehicle and determining the vehicle’s location etc. and to perform other necessary operational actions and the vehicles are monitored with the aforesaid systems and location and km information are recorded. When necessary, Hop Montenegro may disclose these records to relevant official or unofficial third parties/organizations, for security reasons or for use in legal/judicial proceedings/investigations.
13.7. The USER accepts and declares that he/she has read and approved the Clarification Text attached to this Agreement.
14.1. No statement in this Agreement indicates or implies that there is an exclusivity relationship between the parties. The parties agree and declare that the MEMBER has the right to get similar services from third parties.
15.1. This Agreement shall be interpreted and implemented in accordance with Montenegrin law. In case of any dispute, the competent court will be the Montenegrin court.
16.1. In the following cases, the MEMBER declares and accepts Hop Montenegro’s right to terminate this Agreement and/or the right to claim real damages and/or the other rights given to Hop Montenegro with this Agreement and also declares and accepts to be imposed the following contractual penalties by Hop Montenegro:
- In case of allowing somebody else to use the vehicle, the MEMEBR will pay the penalty in the amount of 30 EUR to Hop Montenegro;
- In case of usage of vehicle out of service area, the MEMBER will pay the penalty in the amount of 30 EUR to Hop Montenegro;
- In case of improper use of vehicle, the MEMBER will pay the penalty in the amount of 30 EUR to Hop Montenegro;
- In case of leaving out of service area, the MEMBER will pay the penalty in the amount of 30 EUR to Hop Montenegro;
- In case of modification to the vehicle without permission, the MEMBER will pay the penalty in the amount of 30 EUR to Hop Montenegro;
- In case of damaging the tracking and security system, the MEMBER will pay the penalty in the amount of 600 EUR to Hop Montenegro;
- In case of damaging the vehicle, the MEMBER will pay the penalty in the amount of 600 EUR to Hop Montenegro;
- In case of improper use of credit cards or usage of credit card contrary to the provisions of this Agreement, the MEMBER will pay the penalty in the amount of 600 EUR to Hop Montenegro;
- In case of vehicle out-of-service, the MEMBER will pay the penalty in the amount of 1 200 EUR to Hop Montenegro;
- If the vehicle is parked in violation of the rules in the parking area, the MEMBER will pay the penalty in the amount of 20 EUR to Hop Montenegro;
- In case of using public transportation with the vehicle, the MEMBER will pay the penalty in the amount of 20 EUR to Hop Montenegro.
16.2. The MEMBER accepts and consents in advance that Hop Montenegro has the right to collect the above mentioned fines from the credit card registered in the Application without the need for any notification.
17. OTHER PROVISIONS
17.1. Hop Montenegro reserves the right to initiate unilateral changes in this Agreement and Membership conditions, which will be sent to the MEMBER for the approval. By the approval to the said changes, it will be considered that the MEMBER has accepted and concluded the amended version of the Agreement, i.e. the Annex to the this Agreement.
17.2. The parties accept, declare and undertake that the addresses written in this Agreement are their legal notification addresses and unless the address change is notified in writing to the other party within 3 days, the notifications to be sent to these addresses will cause all legal consequences of the valid notification.
17.3. The parties’ failure to exercise or delay in exercising any right or power given in this Agreement does not mean an abandonment of aforesaid right or power and the single or partial use of a right or power does not prevent the subsequent exercising of that or any other right or power.
17.4. If any provision in this Agreement is regarded as null and void, invalid or unenforceable for any reason, other provisions of the Agreement will remain in force.
All terms of this Agreement have been accepted by the MEMBER by being approved electronically and this Agreement is, therefore, considered concluded. This Agreement enters into force after the MEMBER fills in the registration form.