12. Special provisions for the rental of drones, e-scooters, e-bikes,Grover Cash and Digital Products

12.1 Special provision on the use of drones

The applicable legal regulations shall be observed as well as the manufacturer’s operating instructions for the use of drones.

You have to ensure that You

• Have all required certificates and permits, which are required pursuant to applicable law, in particular EU Regulations No 2018/1139, No 2019/945 and No 2019/947, Wet luchtvaart, Besluit luchtverkeer 2014 en Regeling modelvliegen;

• Are familiar with the manufacturer’s operating manual;

• Comply with applicable registration duties, in particular pursuant to Art. 14 EU Regulation No 2019/947, i.e. You have registered in particular as a drone operator with the RDW Dienst Wegverkeer) and You have appended Your registration number on the drone (which must be removed from the drone again when it is returned to Grover);

• Fulfil all duties as operator of drones according to the Annex to EU Regulation No 2018/947, including the following duties, in particular:

12.1.1 UAS.OPEN.050 Responsibility of the UAS Operator

You, as UAS operator, must fulfil all of the following requirements:

• You must develop operational procedures adapted to the type of operation and the risk involved;

• You must ensure that all operations effectively use and support the efficient use of radio spectrum in order to avoid harmful interference;

• You must designate a remote pilot for each UAS operation;

• You must ensure that the remote pilots and all other personnel performing a task in support of the operations are familiar with the user's manual provided by the manufacturer of the UAS, Model Cancellation Policy UAS; and

• Have appropriate competency in the subcategory of the intended UAS operations in accordance with points UAS.OPEN.020, UAS.OPEN.030 or UAS.OPEN.040 to perform their tasks or, for personnel other than the remote pilot, have completed an on-the-job-training course developed by the operator;

• Are fully familiar with the UAS operator's procedures;

• Are provided with the information relevant to the intended UAS operation concerning any geographical zones published by the Member State of operation in accordance with Article 15;

• Update the information into the geo-awareness system when applicable according to the intended location of operation;

12.1.2 Regulation (EU) No 2019/945

In the case of an operation with an unmanned aircraft of one of the classes defined in Parts 1 to 5 of Delegated Regulation EU 2019/945, You must ensure that the UAS is:

Accompanied by the corresponding EU declaration of conformity, including the reference to the appropriate class; and

The related class identification label is affixed to the unmanned aircraft.

12.1.3 Moreover, You must

• Ensure in the case of an UAS operation in subcategory A2 or A3, that all involved persons present in the area of the operation have been informed of the risks and have explicitly agreed to participate.

• Comply with the rules on the minimum age (usually, remote pilots must be 16 years of age according to Art. 9 (1) EU Regulation No 2019/947;

• Observe the legally permissible altitude applicable to drones;

• Observe regulations that prohibit the flying and operation of drones in certain places and in certain zones and situations;

• Apply the required care in traffic during the use, i.e. in particular but not exclusively that You fly the drone only within the line of sight – unless otherwise regulated as an exception – refrain from any use drones above

• gatherings of people and in poor weather conditions and refrain from flying a drone while under the influence of alcohol; and

• Observe the data protection regulations in the recording, publication and dissemination of photo and video recordings with the use of drones, and that You respect the personal rights of the people depicted.

Grover expressly instructs the Customer that the drone is an aircraft in the definition of the Wet luchtvaart, Besluit luchtverkeer 2014 en Regeling modelvliegen , to the consequence that the Customer is liable independent of fault for any risks based on the Customer's sole power of control over the drone as its holder. During the rental term, exclusively the Customer is the holder of the drone.

Exclusively the Customer is liable for damages arising from a failure to observe the legal regulations and for any improper use of the drone.

The Customer shall indemnify Grover from any and all claims brought by third parties arising out of, relating to, or resulting from the use of the rented drone, except to the extent such claims result from Grover’s gross negligence (grove nalatigheid) or wilful misconduct (opzet).

12.2 Special rule for contracts for e-scooters:

For the use and operation of e-scooters, the applicable legal regulations must be observed during the use and participation of e-scooters in public road traffic, in addition to the manufacturer’s operating instructions.

12.2.1 Conditions to be met by the Customer

The Customer

• must be at least 18 years of age or of legal age;

• have experience or minimum skills driving e-scooters;

• be familiar with the operation and safe use of e-scooters; and

• have appropriate physical and mental fitness for driving an e-scooter;

• have knowledge of road traffic regulations of the city and the rules as well as local, municipal and state laws regarding the use and driving the e-scooter.

12.2.2 Customer’s duties

You have to ensure that You

• Drive and use the e-scooters exclusively in public road traffic in the Netherlands ;

• Obtain detailed information on the use of the e-scooter in compliance with the legal regulations prior to using the e-scooter;

• Have sufficient liability insurance cover for the use of the e-scooter pursuant to the applicable regulations and always carry the insurance certificate of the​ automobile liability insurance provided by Grover with You whenever You use the e-scooter. For the rental of an e-scooter, Grover will conclude a motor vehicle liability insurance policy as the insurance holder on Your behalf. The insurance certificate will be provided to You in the handover of the e-scooter;

• You have familiarised in depth with the e-scooter before You use the e-scooter;

• Inspect the e-scooter regularly before use;

• Apply the required care in traffic during use;

• Drive the e-scooter only on permitted routes and within reason;

• Use protectors when using the e-scooter to ensure Your safety;

• Always adjust the e-scooter correctly (height of the steering rod, tightened screws, etc.);

• Always drive in a circumspect and reasonable manner to prevent any danger to Yourself and others.

You must not use the e-scooter for jumps or dangerous tricks.

You should avoid driving at night. If You drive at night, You are required pursuant to Article 32 paragraph 1 of the Dutch Regulations Traffic Rules and Traffic Signs 1990 (in Dutch: Reglement Verkeersregels en Verkeerstekens 1990) to switch on the lights.

In case of very bad road conditions, You should drive slowly or get off and push the e-scooter if necessary.

You must not drive the e-scooter if the road is slippery.

You should avoid driving on rainy days. If You should drive in rain, it is urgently required that You close the rubber cap tightly on the charging socket. You should consider that roads that are wet from rain can be very slippery and that they pose an additional accident hazard.

You must not leave the e-scooter in the rain or park it in permanently wet places.

Whenever the e-scooter is not being charged at the moment, You should always ensure that the rubber cap closes the charging socket. This ensures tightness.

The e-scooter must not be used in outdoor temperatures below -5°C and above 45°C. You should inspect Your e-scooter thoroughly every three months and lubricate joints or tighten screws if necessary.

The e-scooter may be driven only with a maximum load of 100 kg and a maximum speed of 20 km/h.

You must not transport any objects, which prevent You from driving the e-scooter safely. Exclusively You are liable for damages arising from a failure to observe the legal regulations and for any improper use of the e-scooter.

The renting of several e-scooters at any one time by one Customer is not permitted without Grover’s explicit approval.

In the event that several e-scooters are rented at the same time, the Customer’s responsibility for each e-scooter will be expanded in accordance with these General Terms and Conditions to the Customer for each e-scooter, to the consequence that the Customer will not only be responsible for its own but also the actions of other drivers.

You accept and recognise that:

• Operating and driving an e-scooter in the city presents a risk for You personally, as there is the risk of an accident. You are therefore obligated to apply the warranted care during the drive on the e-scooter.

• You are responsible on Your own to purchase and use a helmet and/or other permissible protective and safety equipment or accessories. The use of a helmet and/or other protective equipment does not preclude the risk of injury in the case of an accident.

• You are responsible for damages that You cause other people by the use or possession of the e-scooter.

You must not leave or loan the e-scooter to third parties. If You have given or loaned the e-scooter to a third party, a damage or incident caused by or due to the e-scooter will be Your responsibility.

The e-scooter is powered by electricity. Never more than one person may drive at any one time.

You must not transport further persons on the e-scooter.

You may not use the e-scooter under the influence of alcohol, drugs or other substances, which can inhibit Your ability to drive and operate the e-scooter.

During the use of the e-scooter, You must not use any mobile devices including any electronic devices used to play music, make calls or use other services distracting You or interfering in a safe handling of the e-scooter.

You may not use the e-scooter if it has an obvious technical defect.

You may not modify or alter the e-scooter in any way.

You must not paste any stickers or other elements onto the e-scooter nor remove or break any accessories, parts or components of the e-scooter.

You must not commit any criminal offences with the e-scooter.

You should park the e-scooter in permissible areas.

If the e-scooter is removed by the competent authorities because it was parked in an impermissible area and impounded in the relevant vehicle impound lot, the Customer will also bear the costs for collecting the e-scooter besides the relevant fine.

12.2.3 Accidents

In the event that You are involved in an accident, You should contact the police and inform Grover as soon as possible about the accident and the damages caused on the e-scooter. In the event of an accident caused by You, You will assume the legal responsibility for any personal injuries and property damages caused by the accident, in particular also for damages caused to third parties. Grover is entitled to invoice the costs to You for the repair or repurchase of the e-scooter and any sums paid to third parties, which have been caused by You, and to charge them along with unsettled receivables.

12.2.4 Theft

If the e-scooter or one of its accessory parts or components is stolen during the rental term, You have to inform Grover immediately in writing. You have to file a corresponding report with the competent authorities and the relevant insurer and file criminal charges, respectively.

A copy of the criminal charges shall be sent to Us within 24 hours after they are filed.

12.2.5 Fines, penalties and sanctions

You are responsible on Your own for the violations You commit and You will bear all resulting fines, sanctions and penalties.

For defending its interests, Grover reserves the right to identify the Customer to the authorities or the public administration if a violation of road regulations has been committed (e.g. traffic violation).

Grover can demand the costs from the Customer, which result from violations committed by it, including fines, penalties and the legal fees assumed by Grover. We charge a processing fee of €25 for administrative offences.

Failure or refusal to pay the amounts owed by the Customer and named under Section 13.2.5 gives Us the right of extraordinary termination. We reserve bringing further claims in court for any damages and losses caused.

12.3 Special regulations for contracts for e-bikes:

When using and operating bicycles with electric motor assistance (hereinafter referred to as “e-bikes”), the legal provisions applicable to the use and participation of e-bikes in public traffic in the country in which the Rental Agreement was concluded or the Rental Item was delivered and the operating instructions of the manufacturer must be complied with.

12.3.1 Requirements for the customer

The customer should

• be at least 18 years old,

• be familiar with the operation and safe use of e-bikes,

• have adequate physical and mental fitness for riding the e-bike, and

• have knowledge of the applicable laws and regulations, especially the applicable traffic regulations; the e-bikes rented by Grover are considered bicycles under traffic law, and customers must be familiar with and observe the traffic regulations applicable to cyclists in particular.

 12.3.2 Duties and obligations of the customer

You must ensure that you

• ride and use the e-bike exclusively in the country in which the Rental Agreement was concluded or the Rental Item was delivered;

• inquire in detail about the legal regulations concerning the use of e-bikes before using them;

• comply with all applicable legal requirements;

• have private liability insurance that covers the use of e-bikes;

• familiarize yourself with the e-bike before use, check it regularly and adjust it to your needs (saddle, handlebars, etc.);

• unlink the e-bike from the respective e-bike brand app before returning the e-bike to Grover. If not, you will bear the costs incurred in the process to unlock it in accordance with Section 5.5, as well as any additional costs and/or fines.

When using the e-bike, you must not exceed the maximum weight (rider including transported objects) specified by the manufacturer (as specified in the operating instructions of the manufacturer).

You may only use the e-bike at the outside temperatures approved by the manufacturer (as specified in the operating instructions of the manufacturer).

You must exercise the care, consideration and foresight required in road traffic when using the e-bike; you must not endanger yourself or other road users.

You may not use the e-bike if a technical defect is apparent.

You may not park the e-bike in places and locations where parking is not permitted. If you violate this obligation and the e-bike is therefore removed by or on behalf of an authority or authorized private person, you will bear the costs incurred in the process and for the retrieval (including any fines).

Regarding the lock for the e-bike, you have the following options:

•  you already have a lock and use it for the e-bike;

• you rent a lock from us and use it for the e-bike; or

• you purchase a lock and use it for the e-bike.

You must always lock the e-bike securely (by connecting it to another object firmly attached to the ground, if possible).

You should not park the e-bike in the rain or in a damp place.

If you park the e-bike for more than a short time, you have to assure that the e-bike and the more sensitive components, like the battery, are stored in a safe and moderately temperate place.

You must always store the battery on a fireproof surface.

When charging the e-bike, you must follow the manufacturer’s instructions. You must first bring batteries to room temperature before starting the charging process. You must supervise the charging process and charge the battery only with the manufacturer’s charger. If the battery is damaged or dropped, do not charge it.

You must always close the charging socket tightly with the rubber cap outside of the charging process.

You are forbidden to

• make any changes to the e-bike or manipulate its software or electronics; this applies in particular to changes that may result in the e-bike no longer being considered a bicycle (in the sense of Art. 1 (1)(ea) Wegenverkeerswet), but a motor vehicle (in the sense of Art. 1 (1)(e) Wegenverkeerswet) (e.g. changes that make it possible to reach speeds higher than 25 km/h with electrical assistance); such changes may result in criminal liability (e.g. under Art. 107 in connection with Art. 177 Wegenverkeerswet – driving without a licence, or Art. 2 in connection with Art. 30 Wet aansprakelijkheidsverzekering motorrijtuigen – violation of the insurance obligation);

• make any permanent cosmetic changes to the e-bike (e.g. attaching stickers) or remove parts, components and accessories without prior written authorization from Grover;

• use the e-bike when you are under the influence of alcohol or other intoxicants that could affect your ability to safely operate the e-bike;

• pass the e-bike on to third parties or allow them to use it; if third parties use the e-bike with your knowledge and consent, and if damage to property or personal injury (including to the e-bike) occurs as a result of this use, you shall be responsible for it;

• use the e-bike to transport additional people, excluding children under the age of seven on a safe child seat, which is allowed according to Art. 58a (3) Reglement verkeersregels en verkeerstekens 1990 (RVV 1990);

• use the e-bike to transport objects if this could negatively affect your ability to safely operate the e-bike;

• use the e-bike in the commission of criminal offences or misdemeanours; and

• participate in any kind of race or competition.

We recommend that you

• wear appropriate protective clothing (especially a helmet) when using the e-bike; if you do not wear a helmet and an accident occurs, you are at risk of suffering more serious injuries, but there is also the possibility that your claims for damages will be reduced because the failure to wear a helmet will be charged to you as contributory negligence;

• not use the e-bike in bad road and weather conditions that may endanger safety;

• not use the e-bike on slippery roads;

• use the e-bike for night riding in accordance with the applicable laws and regulations, in particular the applicable road traffic regulations (such as the Reglement verkeersregels en verkeerstekens 1990 (RVV 1990)).

You have acknowledged and confirmed

• that the e-bike poses greater risks than ordinary bicycles due to its increased weight and motor-assisted acceleration;

• that the battery used in the e-bike might catch fire;

• that you are solely responsible for any damage caused by improper use of the e-bike or failure to comply with the duties and obligations set forth herein and, in particular, the provisions of the law;

• that Grover assumes no responsibility for the theft or loss of the e-bike, its components or accessories during the rental period and will not provide a replacement (or reimbursement of costs) in such cases.

12.3.3 Damage and accidents

In the event of an accident or damage to the e-bike, its components or accessories, you must inform Grover as soon as possible (within 24 hours of occurrence or knowledge) in keeping with your duty of notification.

In the event of damage, you must reach out to the local network of repair partners of the brand of the e-bike in question. You are responsible for paying for the repair of the e-bike and will be reimbursed in accordance with Grover’s damages and loss terms (see Section 12). If the (estimated) repair cost is higher than €100, you need written authorization from Grover prior to the repair taking place.

Notwithstanding the above and Section 12, you are fully responsible for damage to the e-bike, its components and accessories which has occurred and of which Grover has not been informed within 24 hours of occurrence or knowledge of the damage due to a fault on your side.

If you are involved in an accident, you should contact the police.

In the event of an accident caused by you, you assume the legal responsibility for any personal injury and property damage resulting from the accident, including damage caused to third parties in particular. Grover is then entitled to charge you for the costs of repair or replacement of the e-bike and, if necessary, to offset them against outstanding claims.

In case of warranty issues, the brand owner of the e-bike will be responsible for the repair/replacement of the defective part. In any circumstance, the frame of the e-bike shall be changed/replaced, the customer must notify Grover about the warranty issue in question and return the unfit vehicle. Grover will then provide the replacement e-bike to the customer.

12.3.4 Theft and loss

If the e-bike, its components or accessories are lost or stolen during the rental period, you must inform Grover immediately in writing (within 24 hours of becoming aware of the loss or theft). Grover is not obliged to provide compensation or replacement for loss or theft. You must report the theft to the appropriate authority and provide Grover with a copy of the report within 24 hours of notifying Grover of the theft. In case of loss of e-bikes, an additional 199 EUR will be charged, independently from the Grover Care coverage.

12.3.5 Fines, penalties and sanctions

As the customer, you are solely responsible for any violations of road traffic regulations and other relevant provisions committed by you in connection with the use of the e-bike. You are responsible for all resulting fines, sanctions and penalties.

Grover reserves the right to identify you to the authorities in order to defend its interests.

12.4. Grover Cash Program Terms

Grover Cash is a virtual credit that can be earned and used to pay for Grover subscriptions in accordance with these Grover Cash Program Terms as set forth in this Section 13.3. (“Grover Cash Program Terms”). Grover Cash is calculated in EUR (e.g. users can earn EUR 10 in Grover Cash and spend these EUR 10 on subscriptions).

Grover Cash can be earned by successful referrals to new Grover customers.

12.4.1.  Earning Grover Cash through Successful Referrals

Customers who have an account with Grover (“Existing Customers”) can earn Grover Cash by successfully referring Grover to natural persons who currently do not have and have not had in the past a subscription with Grover (“New Customers”) in accordance with the following second and third paragraphs of this Section. New Customers will receive Grover Cash through such referrals in accordance with the fifth paragraph of this Section.

Existing Customers earn credits stipulated in Section 1.1 of the Grover Cash Program Schedule in Grover Cash (“Referral Credits”) for each Successful Referral. A Successful Referral requires that (i) the Existing Customer sends a personalized link to a New Customer (ii) the New Customer uses the link to conclude an agreement with Grover on the subscription of a Grover product (which may require data checks and credit checks of the New Customer upon Grover’s discretion in accordance with the GTC and (iii) the New Customer pays the first subscription rate. The Referral Credits will be credited towards the Existing Customer’s Grover Cash balance 14 (fourteen) days after the delivery of the Grover product to the New Customer.

Prior to sending the personalized referral link as mentioned above, the Existing Customer shall ensure that the respective recipient consents to the receipt of the referral. Otherwise, the Existing Customer shall be liable to Grover for any claims brought forward by the recipient against Grover due to unsolicited contacting. The Existing Customer shall support Grover in the legal defence against such claims. The Existing Customer shall fully indemnify Grover against all such claims unless the Existing ustomer proves that he is not responsible for such unsolicited contacting.

Existing Customers shall not (i) send referrals in the form of mass mailing, (ii) send referrals to strangers or (iii) send referrals in any (other) form that violates applicable law, in particular in the form of "spam". Existing Customers shall not make referrals for commercial purposes.

Upon completion of a Successful Referral, the New Customer equally receives the Referral Credits stipulated in Section 1.1 of the Grover Cash Program Schedule.

In total, each Existing Customer can make a maximum of Successful Referrals, earning a maximum of Referral Credits stipulated in Section 1.2 of the Grover Cash Program Schedule in the course.

The specific terms in relation to Referral Credits, in particular their value and the maximum amount that  an Existing Customer can earn, are set forth in the Grover Cash Program Schedule and  may change from time to time. The changed terms will then be set forth in an updated version of Grover Cash Program Schedule.

The value of Grover Cash in the form of Referral Credits which an Existing Customer can earn with a Successful Referral, is determined at the time the Existing Customer has sent an invitation – the personalized link – to a possible New Customer, and can be found in the Grover Cash Program Schedule which is applicable at the time the invitation was sent.

Customers can view their current balance of Grover Cash via www.grover.com (“website”) and in the Grover App.

12.4.2. Spending Grover Cash

Grover Cash can be used only for the purposes expressly specified in this Section 12.3. Grover Cash is not automatically redeemed. Users decide when and in what amount they use Grover Cash. They can redeem it for their existing subscriptions both via www.grover.com (“website”) and in the Grover app.

Users can redeem Grover Cash to discount their existing subscriptions with Grover under the following conditions;

a. Grover Cash can be spent only on existing subscriptions, i.e. not on the first rate of a new subscription.

b. Users can select the (existing) subscription to which the Grover Cash shall be applied.

c. Users can spend between EUR 1 and the maximum monthly redemption amount in Grover Cash (“maximum monthly redemption amount”) per subscription, stipulated in the Grover Cash Program Schedule. Customers can choose the amount in steps of EUR 0,01.

d. The spending of Grover Cash will reduce the upcoming monthly subscription fee of the selected subscription.

e. Users can repeatedly redeem Grover Cash for future subscription fees as long as the total amount does not exceed the maximum monthly redemption amount in Grover Cash per month per subscription. There is no limit on the number of subscriptions that users may spend Grover Cash on. There is no limit on the total of Grover Cash that users may spend over various subscriptions and/or months, except for the maximum monthly redemption amount.

Grover Cash is personal and can only be used by the customer who has earned it. Grover Cash is not transferable to third parties. The sale, exchange, offering for auction or any other transfer of Grover Cash to a third party is prohibited. Negotiating for the purchase or sale of Grover Cash, the purchase of Grover Cash from Users or a third party, and the unauthorized use of Grover Cash are also prohibited.

Grover Cash is personal and can only be used by the customer who has earned it. Grover Cash is not transferable to third parties. The sale, exchange, offering for auction or any other transfer of Grover Cash to a third party is prohibited. Negotiating for the purchase or sale of Grover Cash, the purchase of Grover Cash from Users or a third party, and the unauthorized use of Grover Cash are also prohibited.

Grover Cash cannot be applied towards purchases of products from Grover.

12.4.3. Expiry of Grover Cash (Lost without Spending)

Grover Cash will expire after 12 (twelve) months, counting from the day the respective amount of Grover Cash has been earned. The user will be notified at least 1 (one) month prior to expiry of its Grover Cash.

12.4.4. Discontinuation, Termination, Changes to the Grover Cash Program

Grover reserves the right to discontinue the Grover Cash program at any time without providing reasons subject to 4 (four) weeks’ notice by e-mail or other communication channels.

Grover can temporarily limit or suspend the Grover Cash program entirely or for individual customers and/or temporarily limit or suspend a customer’s access to their account to prevent improper use, abuse or in the event of malfunctions or other irregularities or a customer does not comply with the Grover Cash Program Terms. Grover will limit the suspension or limitation in time and scope as reasonably possible under the circumstances. Grover will notify the relevant customers of the limitation or suspension without undue delay.

Grover reserves the right to make any changes or additions to these Grover Cash Program Terms, providing this does not discriminate against the customers in bad faith. Changes or additions to the earning of Grover Cash, the spending of Grover Cash or other processes for Grover Cash will be notified to the Grover Cash users by e-mail or other communication channels.

12.5. Digital Products

In case you are purchasing Digital Products from us the following terms will also apply: You are being granted a limited license through your purchase. Your license to each Digital Product is subject to your prior acceptance of a custom end user license agreement (“EULA”) between you and the Digital Product provider (the “Licensor”). Your license to any Digital Product is granted by the Licensor of that Digital Product. The Licensor reserves all rights in and to the Digital Products not expressly granted to you.

1. Scope of License: Except as provided in the applicable EULA, you may not distribute or make the Digital Products available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Digital Products, including the product key or code that you receive to purchase the Digital Item license.

Except as permitted in the EULA, you may not

A) copy, reverse-engineer, disassemble, decompile, attempt to derive the source code of, modify, or create derivative works of the Digital Products, any updates, or any part thereof, including product keys;

B) take any action contrary to the EULA;

C) copy or otherwise reproduce any product, product component or materials;

D) modify, alter, tamper with or reduce the content of any Digital Products, Digital Product component or materials in any way; or

E) introduce any computer virus or other illicit code in any Digital Product, materials or vendor system.

In addition, you may not link or bundle the sale of any Digital Product or component thereof with any unauthorized third-party product that creates a likelihood of confusion as to the source or origin of the Digital Products, without prior written approval from Grover.

Consent to Use of Data: You agree that Licensor may collect and use technical data/information that is gathered to facilitate the provision of software updates, product support, and other services to you (if any) related to the Digital Products. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Grover will additionally collect metadata about your purchase of the Digital Item in accordance with its privacy policy.