MUTE International Terms of Service - Belgium

Last updated November 1st, 2022

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Table of Contents

  1. Information about Us
  2. Services 
  3. Rules 
  4. Registering with Us and Eligibility
  5. Permitted Drivers and Actions
  6. Customer Care and Service
  7. Pricing, Payment Methods and Terms
  8. Road, Traffic and other Penalties and Fines 
  9. Insurance
  10. Accidents, Damage, Theft and Abandonment
  11. Fees and Charges 
  12. Limited Liability and Warranty; Assumption Of Risk And Waiver
  13. Severance
  14. Waiver
  15. Force Majeure
  16. Governing Law And Jurisdiction

Please read these terms and conditions carefully. When signing up to use any of the Services, you agree to review these terms and conditions. Once you proceed, you agree to be bound. If you do not agree with these terms and conditions, you should not use the Services.

You also agree that using the Platform, App or Services in any country other than the place where you first registered an account on the App will be subject to the Terms & Conditions that apply in that other country.

1. Information about Us

These terms and conditions (collectively “Terms”) form a contract between MUTE Belgium BV, trading as MUTE (“we”, “us” and “our”) and you. MUTE is a private limited company registered in Belgium with company number 0788235262 and address c/o Lariksdreef 9, Schoten 2900, Belgium.

MUTE offers a subscription or rental of light electric vehicles, or e-mopeds, (hereinafter referred to as a "Vehicle") to consumers, (a "Customer or “Authorized Driver"). The Customer receives access to a website (the “Site”) and a mobile enabled web app (the " App").

The Customer signs up for a subscription service that provides a Vehicle and accessories of their choice, paired with repair/maintenance/assistance and insurance Services for the duration of the subscription. Customers can leverage the MUTE Site and site App for in-ride data and customer service while using the Vehicle.

The MUTE App also provides a way for Customers to communicate with MUTE’s customer team that can schedule support, maintenance, and repair appointments or for problems. The Site or App can provide additional functionality such as enabling you to locate the Vehicle and access or receive invitations to exclusive community and partner events through the MUTE Club.

The following terms and conditions apply to the contract concluded between MUTE and the respective Customer.

2. Services 

The terms govern your registration and use of our various Vehicles, products, services, apps and software, and insurance that we offer  (collectively our “Services”), which are accessible on www.e-mute.com (Site) and/or through any web mobile application we provide (Application), as well as your use of the Site and Application themselves. 

Your access to Services is subject to not only acceptance of these Terms but also the associated Guide to Riding and Insurance Terms that can be provided upon request.

By using our Services (including but not limited to using our Vehicles, the MUTE App, the Site) you are agreeing to these Terms as a condition of using our Services, including that you can enter into binding contracts. You are also agreeing that you have authority to agree to these Terms and commit that the person or entity you’ve included in your user account registration will comply with these Terms.

2.1 Changes In Terms

We may amend these Terms from time to time, and the revised version will be effective when posted on this website. The revised Terms will supersede any previous versions. These Terms also expressly supersede any prior agreements or arrangements we may have with you.

3. Rules

In addition to these Terms of Service, by using our Services, each time, you also agree to abide by and be bound by our applicable Guide to Riding Responsibly and Safely (the “Riding Guide”) and Insurance Terms (“Insurance”) found at which form part of these Terms & Conditions and can be provided upon request. All Terms, provisions and agreements set forth in the Riding Guide and Insurance are incorporated in these Terms & Conditions by reference with the same force and effect as though fully set forth in this document.

The Riding Guide and Insurance detail safety and other restrictions to safeguard yourself and others, and to respect local laws and regulations. The Riding Guide and Insurance will include reference to local road laws and rules (for example but not limited to speed limits, passengers, parking zones, transit lanes) with which you must comply.

Depending on where in Belgium you may be using our Services, different sets of Riding Guides and Insurance may apply to you and there may be additional requirements, including about safety and personal protective equipment to use our Services with which you must comply.  

4. Registering with Us and Eligibility

4.1 Account Set Up 

In order to use most aspects of the Services, you must register for and maintain an active personal user account, which will require you to go to our Site or mobile Site. 

To create an account, you will be required to enter username, a phone number or email address and a strong password. We will verify the email address or phone number. 

Your username and password must not be shared either with anyone – your account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it, except in the case of a breach of our security obligations.

You must contact us immediately upon discovering any unauthorized use of, or error with, your account. Any breach of these terms and/or any use of your account by anyone to whom you disclose your account login details will be treated as if the breach or use had been carried out by you and will not relieve you of your obligations to us. If this happens, we may in our discretion close your account and you will be responsible for any charges and costs incurred in connection with that unauthorized use or any loss, damage or liability caused out of or in connection with the unauthorized use.

4.2 Registering for a Vehicle and Conclusion of a Subscription

To register, you must give us accurate, complete and up-to-date contact information, including your name, address, mobile phone number, date of birth, gender, email address, a valid debit or credit card (collectively a Payment Card) and proof of eligibility to drive an e-Moped including a copy of your applicable driver's license and photo identification (passport or national ID) which we will verify. 

Only one Payment Card, phone number and email address are allowed per account and will be validated by us.  

Registration is an application to us for use of a Vehicle and our Services and is subject to approval by us according to our eligibility criteria. 

You must promptly update your account within the Site/App if your details change. Failure to do so may render your subscription with us invalid, your account to be closed and the Services terminated.  

4.3 Eligibility 

To subscribe for use of our Vehicles, a Customer must, during the registration application process, enter personal data or enter information that confirms your eligibility and have that approved by us. We reserve the right, in our sole and absolute discretion, to decline any application for registration. 

The eligibility criteria that are applied to applications are:  

  • You must be 21 years of age or older 
  • You must have a valid residence  permit in one of EEA/UK/Suisse countries
  • You must supply us with a photo identity document (passport or national ID)

 Here is what your license entitles you todo on the road with our vehicles:

No License

Can Ride L1e (50cc)- No

Can Ride L3e (125cc) - No

B License

Can Ride L1e (50cc)- Yes

Can Ride L3e (125cc) - Yes

AM License

Can Ride L1e (50cc)- Yes

Can Ride L3e (125cc) - No

A1 License

Can Ride L1e (50cc)- Yes

Can Ride L3e (125cc) - Yes

A2 License

Can Ride L1e (50cc)- Yes

Can Ride L3e (125cc) - Yes

Please note that Highway Code penalties are severe for riding a moped vehicle in certain ways with an incorrect license type. If your license changes you must notify us immediately.

You are responsible for ensuring that you satisfy all of the eligibility criteria before choosing to register with us. By registering, you are confirming to us that you meet all the eligibility criteria. If you do not meet these criteria, you may not use the Services. You must contact us promptly to notify us if you no longer satisfy all the criteria above.

4.4 Additional Information

We may use biometric recognition software to verify your License and Photo ID. We reserve the right to carry out checks(including checks with credit reference agencies) for the purposes of confirming your identity and to establish your creditworthiness. By agreeing to these terms, you agree to our doing so.

We reserve the right to request additional information, such as other forms of ID and/or proof of address at any time to ensure you are meeting the requirements above.

If we approve your registration, you will receive a notification from us and you will be able to start using the Services.

4.5 Fraud

We take fraud seriously, both for your protection and ours. If we suspect that any information you have provided to us is inaccurate, incomplete or fraudulent, we may suspend or terminate your account if and until the issue is resolved. During that time, you will lose access to our Services, Site and/or Application, either temporarily or permanently and you may be charged a fraud transaction fee (see Fees and Charges).

4.6 Ownership

MUTE remains at all times the owner of the Vehicles, equipment and any accessories and included with the subscription.  

We retain the right to collect the Vehicle, equipment and any accessories in the event of circumstances that invalidate your eligibility (including but not limited to loss of license, deprecated driving record, non-permitted use of the vehicle) of the non- payment of subscription fees or for violation of the T&C’s.

4.7 Termination of Subscription 

As a Customer and consumer, you can terminate our Services, and therefore a subscription, with 7 (seven) days’ notice, by informing our Customer Service team by email or messaging service. You can use the Site and App to do this also.

As long as you have given us the minimum notice for termination of the Services, you will not be billed for a new subscription cycle.

You must arrange to return the Vehicle to us either through returning it to our Service Centre or arranging with our Customer Service Centre to have it picked up from a nominated location. This must be a date no later than the subscription termination date.

If a Customer arranges with us to collect the vehicle, you must inform us of an exact day and time and location of the Vehicle so that we can successfully collect it. All locks, keys, accessories must be available for us to collect.  

Delays in returning or recovering the vehicle and its accessories may incur additional charges, as laid out in the Fees and Charges section.

Details of the consumer rights described above, and an explanation of how to exercise them, are provided with our confirmation of acceptance of your subscription. Nothing in this section affects your legal rights.

4.8 Treatment of Account and Registration Information

MUTE complies with applicable legal provisions, in particular the provisions of the General Data Protection Regulation (GDPR) when processing personal data of the Customer. For more information about how we use your personal information, please see our Privacy Policy which can be accessed at www.e-mute.com/mute-privacy

5. Permitted Drivers and Actions

5.1 Authorized Drivers and Responsibility

The Vehicle can only be driven or used by a Customer of MUTE as well as persons who have been designated as an authorized driver (“Authorized Driver”). All drivers of the Vehicle are Authorized Drivers but the initial Customer is the Primary Authorized Driver.

Authorized Drivers are only available for Customers on a personal subscription plan and are not available to Customers on a commercial or delivery subscription.

Additional Authorized Drivers may use the Vehicle only after opening an account with MUTE, presenting eligibility documents and obtaining approval for the use of the Vehicles and Services from MUTE and agreeing to the Terms and Conditions, Riding Guide and Insurance. An additional Authorized Driver does not have to pay an additional monthly subscription but can only use the Vehicle while the Customer who pays the subscription remains an active Customer.

MUTE reserves the right to request Authorized Drivers to verify the validity of the driver’s license at any time.

The duties and prohibitions of use listed in these terms and conditions will also apply to other Authorized Drivers of the Vehicle. The Customer is obliged to inform any additional Authorized Drivers about the obligations of use and is responsible for any misuse, damage by the Authorized Driver and any claims due to accidents, road law violations and subsequent fines and sanctions by the Authorized Driver.

Usage of the Vehicle by anyone other than an Authorized Driver is a violation of the Terms and Conditions and will result in termination of the Customer’s Account, and deactivation and recovery of the Vehicle (see Fees and Charges).

Furthermore, usage of the Vehicle by someone who is a not an Authorized Driver invalidates the Insurance provided and exposes the Customer to costs of fines, damage and accidents as well as third party claims for damage and medical costs. Such costs and other expenses will be the responsibility of and recovered from the Customer (the primary Authorized Driver) if required.

5.2 Ability to Use a Vehicle 

The Authorized Drivers must be able to operate the Vehicle in a safe manner. By agreeing to these Terms and Conditions, the Authorized Driver’s assert they are competent and physically capable of using the Vehicle on the road.

The Vehicles can carry persons and goods to a limit of 150kg and this limit must not be exceeded.

5.3 Safety of Use 

You agree that you are competent and physically able to operate the Vehicle and in particular with complying with the traffic laws and regulations that govern the use of a road vehicle.  

The Customer or Authorized Driver are responsible for determining whether the conditions make it safe to operate the Vehicle and for handling the Vehicle safely and prudently and in accordance with government regulations and Riding Guidelines.

You acknowledge that it is your responsibility to adapt driving (for example but not limited to your speed, riding behaviour and braking distance) taking into account external factors which lead to a greater risk to you or the Vehicle (for example but not limited to your general ability, your medical condition and weather conditions). MUTE is not responsible for how you operate the vehicle or the conditions in which the vehicle is used.

An Authorized Driver must conduct a basic safety check of the Vehicle prior to every use, including a visual check, steering/handlebar check, battery capacity check  and brakes functionality check.

If the safety check finds that there is a deficiency or fault with the Vehicle, it is not working properly or requires maintenance, please do not use it and contact us as soon as possible so we can rectify this. If you notice any of these or other issues during your trip, please stop your trip as soon as you safely can and contact us as soon as possible so we can rectify this.

You must exercise proper judgement at all times when using the Vehicle and by agreeing to these Terms and Conditions you accept the risks of operating the Vehicle on open roads.

5.4 Helmet Use  

Belgium road laws require the use of helmet at all times by the Vehicle driver and any passengers. The helmet supplied will meet safety standards. Failure to wear the helmet can result in fines and sanctions and cancellation of our Services to you.

5.5 Responsible Driving and Observing the Road Rules 

Authorized Drivers must observe the road rules of Belgium, or the “Highway Code”, as well as being aware that use of an e-moped is subject to the Highway Code. It is the responsibility of each Authorized Driver to familiarize themselves with the Highway Code and to fully observe the Highway Code. In particular, the Authorized Driver should pay attention to:

  • Parking Areas: only designated parking areas or secure parking lots should be used. Parking outside dedicated motorbike and moped parking zones (for example but not limited to the regular footpath, roadsides, private property) will attract a parking fine and potentially an abandonment fee if the Vehicle is impounded or seized by the authorities (see Abandoned, Lost or Stolen Vehicles).
  • Transit and commuting lanes: the Vehicle can only be used in proper lanes, and you should be careful about the variation of what vehicles can be used in public transport (bus) lanes and high occupancy lanes across regions and cities. Some allow E-mopeds (and at certain times) while others do not and signage indicates what vehicles may travel in such lanes.
  • Footpaths and other pedestrian only areas are not to be used by the Vehicles.

You must observe important provisions of the Highway Code, namely the prohibition of:

  • Driving while impaired by alcohol or drugs
  • Using mobile devices while driving 
  • Driving while excessively fatigued 
  • Driving in an unsafe or erratic manner
  • Racing or other speed driving 
  • Not wearing prescribed eyewear as listed on your license
  • Driving with medical conditions not declared at time of licensing 
  • Refusing to present your driving license or the insurance certificate that MUTE provides.

5.6 Reasonable Usage

You may use the Vehicle for personal transport or the commercial transport of goods and cargo if we have approved such use but you may not lease, sublet or rent the Vehicle to another party.

If you have an A (motorcycle) license you may transport another passenger according to the Highway Code, but such a passenger must wear an approved helmet while on the Vehicle.  

Regardless of license type, a customer must not transport children on the vehicle.

The Customer must not modify the Vehicle in any way by adding decals, stickers, repainting or wrapping the Vehicle without prior authorization from us. Temporary accessories may be added to the vehicle if they can be removed without damage or markings. We may charge a restoration fee if the Vehicle is permanently modified.

The Vehicle must not be overloaded or exposed to unusual conditions or treated in such a way that more than normal wear and tear occurs. We may at our discretion, charge a cleaning fee or a restoration fee if the vehicle is returned in a poor condition.

The Customer must not modify the Vehicle factory settings, de-restrict speed/power limits or change any component (e.g., using a non-standard battery). This may invalidate the roadworthiness of the Vehicle.

A Customer is not permitted to take a vehicle or any accessories outside the designated area (city) or the country in which you have registered as a Customer. We will not provide any service outside the designated area.

5.7 Parking and Locking the Vehicle

In addition to parking according to the Highway Code and local regulations, you must park the Vehicle only in safe and legal locations, which are visible (signposted) legal public parking locations, preferably a designated motorcycle or moped parking bays with camera coverage or personal, private garages. 

You should not park long term in insecure parking areas, for example but not limited to shopping centres and public car parks. If the Vehicle is impounded from a shopping centre or public parking for exceeding the permitted time period, all costs due to fines, fees and recovery of the vehicle will be passed along to the Customer. 

Locking the Vehicle means using all locking mechanisms supplied or available and include:

  • The steering lock (using the vehicle key) 
  • The alarm is enabled 
  • The wheel lock over the tire/wheel 

Customers (or Authorized Drivers) are responsible for theft prevention through the use of all the locking devices. These devices must be used at all times that the Vehicle is stationary and unattended. Do not leave the vehicle unlocked for any amount of time.

Failure to lock the vehicle properly may be considered by us as loss or abandonment of the Vehicle and will invalidate the Insurance and lead to a charge under our Terms (see Fees and Charges) up to the full value of the Vehicle.

Loss of a locking device or non-performance of the locking devices (such as steering lock) must be reported immediately to the MUTE Customer Service, who can immobilize the Vehicle.

5.8 Batteries and Charge Levels

All MUTE Vehicles (E-Mopeds) operate on rechargeable, portable Lithium-Ion batteries. The batteries require regular charging to power the Vehicle. Key information about the battery for your vehicle is:

  • The Customer is responsible for checking the battery level before departing on a journey and understanding the length of trip that the charge allows. This may be shown on the Vehicle’s display panel, depending on the model. 
  • The Customer can recharge the battery by directly plugging a power cord into the socket on the Vehicle. The customer will need a nearby power socket. 
  • The customer can also charge the Vehicle by removing the portable battery, attaching the supplied charging device and plugging that into an available electric socket.
  • Charging times vary across batteries so no express guarantee is given for how long recharging will take - however partial recharges may be sufficient to complete a short journey. The cost of charging is borne by the Customer. 
  • MUTE is not responsible for any termination of journeys or inability to use the Vehicle due to low battery levels and roadside assist will not be provided. 
  • If the Vehicle is unable to complete a journey due to a battery running out, the Customer must find a legal, suitable parking location, lock the Vehicle properly and immediately take the battery to be charged and return to the Vehicle. 

In the event of a battery failure or inability to charge properly, you should utilize the 24/7 roadside Assist and contact our Customer Service within work hours.  

6. Customer Care and Service

MUTE aims to provide you with a superior customer care experience with high quality vehicles,     free maintenance, and upgrade opportunities through our Customer Service Centre. 

6.1 Vehicle Delivery

MUTE offers vehicle delivery in some locations, though additional charges will apply (see Fees and Charges). In this case, you must make an appointment with our Customer Service Centre to be present when the Vehicle is delivered, so that the Customer orientation can take place. If you are not present at the time of delivery, the Vehicle will be returned to our store and additional charges may be applied for a new delivery date and time.

6.2 Roadside Assist (24/7)

A Customer’s subscription entitles them to roadside assistance. This program provides support to a Customer who experiences trouble with or breakdown of one of Vehicles.

You can access roadside assist by contacting them on the number or by the method of contact we have provided you at the time of pick up or delivery of your vehicle and providing them with the following information:

●               Your name and contact number

●               Policy Number

●               Vehicle registration number (plate number)

●               Your location

Note that roadside assist does not automatically repair punctured or flat tires but may transport the Vehicle to your place of residence or other location for repair.

6.3 Location Services 

All MUTE Vehicles have embedded telematics that can track the location and movement of the Vehicle. The collection and processing of location data is primarily for theft protection and recovery of moved, impounded, abandoned or stolen vehicles, as well maintenance and service. 

Access to location data in MUTE is only possible for specially authorized employees and is subject to data protection rules. We do not track your location on a normal basis but you acknowledge that we have the right to do so and you authorize us to do so under circumstances that we define as necessary, for example but not limited to theft, abandonment, non-payment of subscription fees, traffic fines, recovery of Vehicles, complaints from other parties (parking related), directions to comply with laws, and suspicious activity.  

Our location and travel data can also assist you if you wish to dispute a fine imposed.

If you have forgotten where the Vehicle is parked, you can call our Customer Service Centre in work hours to obtain the location of the Vehicle. 

In case of theft or any other criminal offense in connection with this Service agreement MUTE may be required to disclose location data to law enforcement authorities.

Full details on how location and travel data is collected, processed, stored and used is available in our Privacy Policy.

6.4 Upgrade of Vehicles 

The MUTE Subscription includes an offer to upgrade a Customer’s Vehicle to a newer or different model, subject to availability and after at least 12 months use. It is our aim to provide the latest and most environmentally friendly urban transport we can. 

If you wish to apply for an upgrade or to change the model of your Vehicles, after 12 months of continuous subscription, you can do so by contacting our Customer Service Centre.

6.5 Replacement Due to Theft

In the case that a Customer’s vehicle is stolen, subject to certain conditions, and cannot be immediately recovered, MUTE will replace the Vehicle within one week, with an excess of ….as outlined in our Fees and Charges.  The conditions for the replacement are that:

  • The Vehicle’s theft or disappearance is reported to us immediately, which is as soon as known by the Customer.
  • The Vehicle has been locked correctly using the locking devices (steering lock, alarm and wheel lock).
  • The Vehicle has been parked correctly in an authorized or secure location.  

In the case of theft, we will ask the Customer to complete a report with details on the Vehicle’s last known location and other details. 

If for any reason, the Insurer declines to cover the loss of the Vehicle (including but not limited to incorrect locking, unsafe or illegal parking location), the Customer may be required to pay the cost of the Vehicle replacement, as per our Fees and Charges. 

6.6 Maintenance and Repairs

Your MUTE subscription includes periodic maintenance and small repairs (except tire repairs) that are not the result of an accident or covered by the Insurance. You should contact our Customer Service team to arrange a servicing or minor repair. 

In general, you should return to our Service Centre every 6 months of subscription to have the steering, tires, brakes, lights, Battery Management System (BMS) and other items checked. 

Tires and tire repairs are not covered by our repair program, and you should arrange to have them repaired at a suitable motorcycle or e-bike store. The cost of tire repairs and replacement is borne by the Customer.

7. Pricing, Payment Methods and Terms

7.1 Pricing

All pricing for subscriptions and short-term hire (only selected locations) can be found on the Site. The fares vary by model and location and are specific to that location and are displayed on the Site before you complete your registration. Additional fees for damage, loss or administration are listed in these Terms and Conditions. 

Our prices are inclusive of BTW and otherstatutory taxes.

Please note that we may change pricing for our Services at any time as we deem necessary or appropriate for our business. We invite you to check regularly our pricing as on our App or Site.

7.2 Term

The subscription period begins on the day the Customer receives the Vehicle, allowing for approval for eligibility, documentation to be confirmed and payment for the Services has been approved by the Payment Processor.  During the processing period (application, eligibility and identity check, plus Payment Card or credit check) the Customer is considered an applicant and is not charged for the subscription. 

If a test, promotion or discount was entered and agreed upon when booking online, the full subscription period will start on the first day after the expired test or discount period.

7.3 Discounts and Promotions

MUTE may from time to time, in specific locations, run promotions and offer discounts to new or existing customers. These promotions are one off and unique to the location of the MUTE operation or franchise and will follow the rules outlined in the discount or coupon. 

7.4 Billing Cycles and Methods

The Customer’s Payment Card is charged (the “Charge”) on a regular cycle according to the subscription plan selected on the App or Site. 

The Customer agrees to the automatic debiting of the subscription amount by selecting the payment method. It is assumed by MUTE that unless the Customer cancels the subscription ahead of the notice period (see Termination of Subscription), a new subscription period will be entered into at the applicable price. MUTE will automatically debit (collect) the owed amount from the Payment Card on file on the first day of the new subscription period.

The subscription will continue to automatically rollover and renew until the Customer submits notice of termination of the services ahead of the notice period and returns the vehicle at or before the end of the current billing cycle to be accepted by us (see Termination of Subscription). 

7.5 Payment Methods and Processing

All payments to MUTE are made through a third-party payment processor in the form of payment accepted by them. Our third-party payment processor is Stripe who collects and holds your payment information. Stripe accepts most major debit and credit cards, and the possible payment methods are shown to the Customer in the online order process. 

You agree to provide a Payment Card that you are authorised to use and by doing so confirm that details provided are valid (card details and expiration date). You authorise us, on an ongoing basis, to debit that Payment Card automatically with all charges due and payable by you in relation to any Service in accordance with these terms, until that Service is cancelled or your account is closed.

You agree to immediately inform us of all changes relating to your card so that if your Payment Card information changes or expires, you will update your information in your online account or inform our Customer Service. 

You should be aware that online payment transactions are subject to validation checks by your card issuer, and we are not responsible if your card issuer declined to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

If you do not pay us subscription fees or other charges that you owe to us on time, or we cannot deduct those form your Payment Card for any reason, we reserve the right to terminate this agreement, disable and collect the Vehicle until full payment is received.

You also agree and authorize us to charge additional costs as outlined in the Fees and Charges schedule (such as but not limited to any impounding or retrieval fees, traffic fines and additional charges (as notified to you in writing) for damage or failure to return a Vehicle as well as any other fees and charges identified in these Terms. 

7.6 Pre-Authorization or Hold Charges

In some cases, the payment processor or your card issuer may apply a small temporary pre-authorization charge to your Payment Card. This occurs when the processor or card issuer requires validation of the card to ensure there are sufficient funds to pay for our Services. This is not a deposit taken by MUTE and we are not responsible for any hold or pre-authorization charges. 

7.7 Disputes

If you dispute any Charge on your card account, then you must promptly contact us within one month and provide to us all information that is necessary to identify the disputed Charge. We encourage you to contact us directly in the event of disputed Charge.  

If you dispute a Charge through a chargeback process with your Payment Card issuer, you must inform us of this, as Stripe will hold all Charges until the matter is resolved. We reserve the right to suspend or terminate the Services to you in this event, including use of the Vehicle. We also reserve the right to take legal action for recovery of any Charges that we have outlined and to which you have agreed in these Terms. 

8. Road, Traffic and other Penalties and Fines 

Unfortunately, penalties, traffic fines, third party administrative charges and fees (“Fines”) for traffic violations do occur, especially in urban areas.  While sensible and careful driving and parking of the Vehicle will avoid Fines, there may be occasions when you or we receive notification that you have been fined for a traffic violation. 

By agreeing to these Terms, you agree that you are responsible for receiving, paying or resolving Fines that occur while using the Vehicle to which you have subscribed.  This includes Fines incurred when an Authorized Driver is using or has used the Vehicle

MUTE has two methods for dealing with such Fines. 

  1. You may receive a penalty, fine or fee directly in person, where an officer of the law or other authorized person stops you in transit and issues you a Fine. You must then pay this directly according to the information on the ticket or notice or appear at any hearing, court or other meeting. MUTE does not pay these for the Customer. 
  2. We may receive a notice of a Fine for the Vehicle, normally for parking violations or from violations recorded on camera (riding in a bus lane where it’s not allowed, entering a street prohibited for certain vehicles, speeding, travelling to a red light, etc.).This Fine is issued to the registered owner of the vehicle, or MUTE. MUTE will supply information about the Customer or Authorized Driver to the authority so notice of the Fine can be sent to the Customer for direct payment (conveyed information: name as on passport, residential address, subscription details with MUTE). MUTE may apply an administration fee as outlined in Fees and Charges.

As a transport operator MUTE must cooperate with all governmental officials in their enforcement of the applicable laws and ensure that all Fines are ultimately paid or resolved. 

In the case that we receive notice of a fine, we will contact you first via email to inform you of the matter and the fact MUTE will convey your information to the relevant authorities or authorized institutions.

You agree in these Terms to pay or resolve (in your favour) all Fines within 14 days of the notice of infringement. If the Fine is not paid or resolved (that is successfully contested and overturned) within this time, MUTE may be required to pay the Fine. In this case we will then pass through the Fine amount to the Customer, and we reserve the right to add our administrative and handling fees to your Payment card.

If we are for any reason unable to pass through the charges, we may pass the costs to a third-party collection or administrative agents if we feel that we have to use them to resolve the issue. 

In the case of criminal infringement (for example but not limited to drunk driving, dangerous driving, driving with an expired license) we may be required to cooperate with enforcement agencies. In this case we will determine at our discretion if you have violated these Terms and if so, terminate your Account and Services with us and recover the Vehicle.

9. Insurance

Your safety is very important to us so MUTE has third party insurance coverage (“Insurance”) as part of your subscription. The Insurance wording, coverage, limits, inclusions and exclusions are available upon request. By agreeing to these Terms, you agree to the provisions, limits and exclusions of the Insurance. The Insurer is the arbiter of all Insurance decisions.   

It is provided by KBC and the key terms are:

  • It covers 3rd party vehicle and property damage and bodily harm only. That is, if you have an accident that is determined to be your fault, the Insurance will cover only the other party’s property and vehicle damage and bodily injury or harm. 
  • The insurance will not cover any harm or damage to you or our Vehicle. 
  • If the accident is determined to have occurred due the other party’s fault, harm and damage to you and our Vehicle should be covered by their insurance. 

Given that if an accident occurs due to your fault and that you and the vehicle are not covered, and that we may charge you for any vehicular damage, we strongly advise our Customers to take out additional personal insurance. 

You should be aware that the Insurance does not cover you if you have violated any of the Terms and Conditions and some provisions of the Road Safety Act. This could have very serious financial consequences to you, as the costs of an accident caused by you (which results in vehicle or property damage or bodily harm) would be passed along to you. 

The most important violations of our Terms that would invalidate the Insurance are:

  • Allowing a non-authorized driver to use the vehicle and cause an accident
  • False, incorrect or out of date license and personal information such that you are not eligible to be a MUTE Customer (for example age, invalid license)
  • Being affected by alcohol or drugs
  • Dangerous, reckless driving of a vehicle
  • Driving without a helmet  

Please read the following Accidents, Damage, Loss and Theft Section to understand how to inform us of an accident. 

10. Accidents, Damage, Theft and Abandonment

10.1 Wear and Tear Damage

When you complete your subscription and the Vehicle is returned to us, it will be assessed for wear and tear. 

Normal wear and tear of the Vehicle is to be expected during the course of a subscription, and we will repair minor damage and clean the Vehicle as part of our Services to you and at no charge. 

Abnormal wear and tear, as assessed by us and defined as more wear and tear or damage than can be reasonably expected given the length of your subscription, will be the responsibility of the Customer. This includes but is not limited to broken or missing parts, broken panel, severe scratches or dents.  We reserve the right to restore or repair the vehicle to a suitable state for other Customers and to pass through the costs by adding a Charge to your Payment Card. 

Charges that may be applied are outlined in the Fees and Charges section of these Terms. 

10.2 Accidents 

Accidents do happen but we ask you to follow a procedure if an accident occurs that generates the best outcome for all concerned. 

First through, you should be aware that the Insurance covers only 3rd party damage and bodily injury /harm if you at fault or found to be at fault. Damage to yourself, your property and the Vehicle is NOT covered by the Insurance. Please read the Insurance policy document, available upon request. 

The procedures if there is an accident depends on the severity of the accident but in general:

  • Ensure your safety and the safety of others. This may include first aid or calling for emergency services
  • Secure the Vehicle and if it cannot be driven lock it securely. 
  • Take video and pictures of the Vehicles involved. If you are not at fault it will be handy to gather any witness information you can (name, email or phone)  
  • Collect information of other parties (their names, phone numbers, license plates, insurance company name and policy numbers if possible) using the standard claim form provided.
  • Report the accident, crash, and damage to the Vehicle and personal injury to us as soon as possible. 
  • If an accident involves personal injury or property damage, you must file a report with the local police department within 24 hours. If the police refuse to record the details of an accident, you must as soon as reasonably possible contact us through our Customer Service Centre. 
  • In such cases, you must discuss the further procedure with MUTE Customer Service and follow our instructions. This applies regardless of whether the accident was caused by you or another party. 

You should only leave the site of the accident after all of the following have happened:

  • The police have completed acquisition of the details of the accident (or, if this is not possible, after notifying MUTE as described previously)
  • The Vehicle has been securely parked or moved by you or been collected by MUTE.

If you have an accident and you make a statement accepting liability, this will apply solely to you personally. Neither MUTE or its insurers shall be bound by such statement or undertaking, though the normal claim adjudication process will be followed.

Regardless of whether an accident has been caused by you or by a third party, a report will need to be made after the accident has been reported.  Our Customer Service will advise you at the time of the nature and content of any reports required and the completion deadline. 

In all cases of accident, you must contact us as soon as possible so that we can support you and provide the best outcome in terms of insurance and remedy to yourself and other parties. 

10.3 Theft and Loss

If you discover the Vehicle is missing (not in the place where it was parked) the first thing to do is to check nearby as sometimes Vehicles are moved. You should call MUTE Customer Service as our telematics we can help locate the Vehicle and guide you to it if it has been moved. 

If it clear that the Vehicle has been stolen or possibly impounded, please call our Customer Service Centre and we will discuss the next steps, which may involve you filing a Police Report within 24 hours. 

We are normally able to recover stolen or impounded Vehicles through use of the telematics system and we endeavour to return the vehicle to the Customer, after repairs if required, as quickly as possible.

If the vehicle is determined to be stolen and not recoverable, we will endeavour to replace the Vehicle within 1-2 weeks, depending on circumstances and length of investigation required. You will not be billed your subscription fees in this period, but you should be aware of an insurance “co-pay” or deductible that will be required to replace the Vehicle. This is outlined in the Fees and Charges section. 

You should also be aware that if the Vehicle has been stolen due to actions on the part of the Customer (for example but not limited to resale or wrecking of the Vehicle, loaning the vehicle to another party not authorized by MUTE, not locking the vehicle correctly, parking illegally) then we may charge you the full cost of the replacement Vehicle. These potential costs are outlined in Fees and Charges.      

10.4 Impounded Vehicles

If you have parked the Vehicle in contravention of parking rules, signage for private and public parking areas and zones, the Vehicle may be impounded. This may also occur if you are driving the vehicle and contravene serious provisions in the Road Safety Act or Highway Code. 

We are generally able through the Vehicle telematics to determine if the Vehicle has been parked in a permitted or non-permitted area. You should be aware that some private parking areas (shopping malls, private business parking and public vehicle parking have time limits for parking and may employ towing services to remove a vehicle that has exceed the parking time allowed. 

We reserve the right to use our location tracking system to check a location of our Vehicle at any time to determine if it is parked in a permitted area, and you agree in these Terms to allow us to do so. 

Impounded vehicles can be time consuming and expensive to recover and as the registered owner of the Vehicle, MUTE normally has to go in person to recover the Vehicle. We reserve the right to charge for any fines incurred storage fees, police or traffic administration fees, vehicle damage and restoration costs due to towing or impoundment and our own administration fees. Details of the charges can be found in our Fees and Charges section. 

10.5 Abandonment

Abandonment is considered by us to be the situations in which a Customer leaves the Vehicle at the end of the subscription period and does not inform us of the location and or that they have terminated their subscription.  

If this occurs, we reserve the right to charge the Customer an Abandonment Fee, among other charges that may include vehicle restoration, lock and key replacement and other administrative charges. Details of the charges can be found in our Fees and Charges

11. Fees and Charges 

MUTE has a schedule of Fees and Charges, as referred to in these Terms, for various costs that we incur in providing the Services to you. Our aim is to be as reasonable as possible and only charge fees when we must and at the basic cost of dealing with the matter.  We do not aim to make a profit from any Fees and Charges and will inform you in advance of a fee or charge in excess of your subscription fee.  

By agreeing to these terms, you are agreeing that these fees and charges may be applied to your  

You may dispute the imposition of a fee by contacting our customer service with details as to why the fee or charge should be reduced or waived but these Fees and Charges are at our discretion. 

They will be applied to the Payment Card that the Customer has on file with our system and if we are unable to collect the stated amount, we reserve the right to take legal action for the recovery of the amounts and or refer the matter to a collection agency.

11.1 Fees and Charges 

Delivery (start of subscription appointment)

Pick up by Customer at the designated MUTE Garage -  Free

Delivery to your home address - Charge based on distance

Collection (end of subscription appointment)

Drop off by Customer at the designated MUTE Garage - Free

Collection to your home address - Charge based on distance

Fraudulent Application 

Subscribing with fraudulent documents or Payment Card - €50 + collection fee + Service termination and recovery

Traffic Fines and Penalty Charge Notices (PCNs) 

Administration Fee for fines paid by Customer within deadline (first instance) - Free

Administration Fee for fines paid by Customer (subsequent instances or late payment) - €30

Vehicle care

Repairs/restoration after return, accident, loss, impoundment - At Cost

Major Repair (unroadworthy or crashed bike) - At Cost up to vehicle

Call Outs

Lost Key Replacement - €30 + work to change lock if required

Lost Charger - €30 + cost of new charger

Missing Battery - €30 + new battery cost

Batteries (at our Service Centre)

No fault – non-functioning battery - Free

Lost/stolen battery - At Cost

Impoundment of Vehicle 

Administration fee for recovery of vehicle - €30 + cost police / impound station

Restoration and repair of vehicle if damaged  - €30 + At Cost of repairs

Theft

If vehicle unsecured by Customer  - At Cost

If secured by Customer with all locking devices - Covered by Insurance

12. Limited Liability and Warranty; Assumption Of Risk And Waiver

Please read this section carefully since it limits the liability of MUTE and its, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “MUTE entities”). 

Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. In particular, nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence or the negligence of our employees, agents or subcontractors, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by applicable law.

We will perform the Services with reasonable care and skill. Without prejudice to the foregoing, you acknowledge that while operating the Vehicles, accidents, personal injury, death and other harm can happen, including as a result of falling, collisions, encountering hidden obstacles and varying terrain and aggravation of existing health conditions. You acknowledge that you have been warned about these possibilities, and that other in respect of death or personal injury arising from our negligence or the negligence of our employees, agents or subcontractors, you assume risk in relation to your operation of the Vehicles.

To the extent permitted by law and subject to clauses above the entire liability of the MUTE Entities and your exclusive remedy with respect to the Vehicles and/or services or otherwise, is re-performance of defective services.

We are however not liable for:

  1. any losses that were not foreseeable to you and us when you agreed to these Terms or when you subsequently used a Vehicle;
  2. any business losses, including loss of profit or loss of business or business interruption;
  3. any loss and/or damage suffered by you as a result of your failure to comply with these Terms of Service or any event outside our control (including any distress, inconvenience, anxiety or loss of enjoyment arising from non-availability of the Vehicles).
  4. Vehicle manufacturer defects and failures 

All information provided on our Services is for your general reference only. We do not accept any responsibility whatsoever in respect of such information. You will exercise and rely solely on your own skill and judgment in use of the Vehicles and/or Services and in your use and interpretation of any information presented on the Services. You are responsible to ensure that your use of the Vehicles, Services and any information presented on the Services complies with all applicable legal requirements.

Without prejudice to the foregoing, if your use of the Vehicles and/or Services does not proceed to your reasonable satisfaction and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us via our customer service channels.

13. Severance

The illegality, invalidity, or unenforceability of any provision of these Terms of Service under the law of any jurisdiction will not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.

14. Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.

15. Force Majeure

No party will be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the affected party will be entitled to a reasonable extension of the time for performing such obligations.

The affected party will use all reasonable endeavours to mitigate the effect of a force majeure event on the performance of its obligations.

A force majeure event will include such events as an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation, request from a government, change of laws or regulations, or interference from civil or military authorities.

16. Governing Law And Jurisdiction

These Terms of Service, their subject matter and their formation are governed by the laws of England and Wales. We both agree to the non-exclusive jurisdiction of the courts of England and Wales, unless you live in Scotland or Northern Ireland in which case you can bring legal proceedings in the Scottish or Northern Irish or English courts as applicable.

16.1 Dispute Resolution

The Customer and MUTE will use best efforts to negotiate in good faith and settle amicably any disputes arising out of in connection with these Terms. If an amicable dispute is unable to be reached, then such a dispute shall be referred to and finally resolved by arbitration accordance with the Belgium Arbitration Act.

Please also note that disputes may be submitted for online resolution to AUTOMOTO Conciliation Commission

●               Telephone: +32 2 778 62 47

●               E-mail:info@conciliationautomoto.be

●               Address: Avenue Jules Bordet164, 1140 Brussels (Evere)