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.
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 BE 0788.235.262 and registered business address c/o Groendreef 2, box 8.2, 1000 Brussels, 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 / or 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, when available, the MUTE Site and site App for in-ride data and customer service while using the Vehicle.
Where available, 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.
You can also reach us through WhatsApp at number +32 471 73 40 07, or by email at belgium@e-mute.com.
The following terms and conditions apply to the contract concluded between MUTE and the respective Customer.
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.
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.
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 your name, a phone number, our email address and your home or work address where you can receive mail. We will verify the email address or phone number.
Your account details 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 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, residential or work 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, or let us know 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:
Here is what your driving license entitles you to do on the road in Belgium with our vehicles:
No License
Can Ride L1e (50cc) - No
Can Ride L3e (125cc) - No
B License (car)
Can Ride L1e (50cc) - Yes
Can Ride L3e (125cc) - Yes, if you completed your B driving license before 1 May 2011.
AM License (without having B)
Can Ride L1e (50cc) - Yes
Can Ride L3e (125cc) - No
A1, A2, A 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) or 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 prior to next renewal date, by informing our Customer Service team by email or messaging service. You can use the Site and App to do this also (if available).
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. No refund will be issued in case of early termination and a late termination fee applies if cancelled late (within the last 7 days of your current subscription period). Late returning the Vehicle (after your subscription period ended) automatically results in being charged for another month of subscription.
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. Vehicle documents and all accessories must be given back, typically keys, wheel lock, charger(s), helmet(s), battery(s), luggage box, etc. Missing items will be charged to the Customer as laid out in the Fees and Charges section. Any vehicle damages will be registered and charged to the Customer.
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.
5.1 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 (unless agreed upon).
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, weather and road 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, tires condition 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 (CE approved). Failure to wear the helmet can result in fines and sanctions and cancellation of our Services to you.
MUTE will provide one helmet included in the subscription. An additional helmet is available for an extra monthly fee (see price list).
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:
You must observe important provisions of the Highway Code, namely the prohibition of:
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.
With your European AM, A or B license you can carry passengers if they wear a helmet and appropriate clothing. Kids younger than 3 years old cannot be carried on a moped. Kids between 3 and 8 years old can be carried on a moped using the appropriate kids safety system and appropriate clothes and kids helmet. For kids above 8 years old, the safety system is not mandatory.
The Customer must not modify the Vehicle in any way by adding or removing 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. A customer changing residential address must let us know so we can update their info.
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, 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:
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. Models that have a remote key/fob, do not leave it under the seat for convenience, as thieves can then also start the moped, in which case the Customer is not insured for theft.
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:
In the event of a battery failure or inability to charge properly, you should utilize the 24/7 VAB roadside Assist and contact our Customer Service within work hours.
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 (opening hours: Mon-Fri 9am-6pm).
6.1 Vehicle Delivery
MUTE offers vehicle delivery in some locations, though additional charges might 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 VAB 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 (078222222) 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
● Vehicle make and model
● Vehicle registration number (plate number)
● Your location
Note that roadside assist mobile mechanic will attempt to repair punctured or flat tires but, if unable, may transport the Vehicle to your place of residence or other location for repair. The Customer can request to be dropped off at a different location compared to the Vehicle repair location.
The Customer will let MUTE know when a vehicle has a breakdown or an accident happens as soon as possible. In case of an accident where the police orders the vehicle to be removed from the scene, and another roadside assist company is used, the Customer will be responsible for all additional towing costs.
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. The Customer will be charged as outlined in our Fees and Charges if the locking mechanisms were not being used. The conditions for the replacement are that:
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. The Customer has to provide a police theft report for theft insurance purposes.
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 minor tear & wear repairs (e.g. minor panel scratches) 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.
The Customer shall check regularly and ensure the tires are pumped to the recommended pressure as specified on the tire itself. This is critical to safety and tire durability.
Our maintenance program includes repair service and labour costs, but does not include the cost of components as a result of damage caused to the Vehicle (or any of the accessories) that is not covered by the Insurance. The cost of components is borne by the Customer.
If a reported problem causes the Vehicle to be unrideable, we guarantee the Vehicle will be repaired (or swapped if repair not possible) within a Service Window of 48 hours (excluding weekends and holidays) from the moment the problem was acknowledged by our Customer Service Centre (opening hours: Mon-Fri 9am-6pm). In case we are not able to make a rideable Vehicle available for you within the Service Window, we will provide a prorated discount on your next invoice for those days the Vehicle was unavailable after the Service Window had expired.
7.1 Pricing
All pricing for subscriptions and short-term hire (if available) 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 other statutory 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).
Should a Customer return the Vehicle early, MUTE is not obliged to offer a refund for unused days.
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 shall be liable to pay all costs, fees, disbursements and charges including all legal fees and costs reasonably incurred by Us in the recovery of any unpaid invoice(s).
Invoices must be paid on the invoice date, which is the same date as the monthly renewal date. For each overdue invoice, one reminder will be sent free of charge, allowing 14 calendar days to pay the invoice. After this deadline, the following charges may be applied:
1) Late payment interest, which cannot exceed the interest rate set at eight percentage points envisaged in Article 5, second paragraph, of the Law of 2 August 2002 on combating late payment in commercial transactions. https://financien.belgium.be/nl/over_de_fod/structuur_en_diensten/algemene_administraties/thesaurie/rentevoet_betalingsachterstand_handelstransacties
2) A fixed compensation amounting to:
a) 20 euros if the remaining amount is less than or equal to 150 euros;
b) 30 euros increased by 10% of the amount due for the range between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;
c) 65 euros increased by 5% of the amount due for the portion exceeding 500.01 euros with a maximum of 2,000 euros if the balance due is above 500 euros.
Above late payment interest and fixed compensation are for B2C customers. For B2B customers the invoice has to be settled on the due date. On the same day, if an invoice is not paid, late payment interest (same as above), and a fixed compensation amount of 50 euros increased by 10% on the amount due will be added as late payment charges.
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.
Specifically for Belgium when Bancontact/SEPA is being used for recurring payments: should a Customer’s bank account have not enough funds at the time Stripe charges the account, an automatic dispute fee will be charged by the Customer’s bank to our Stripe account. As this is fully out of MUTE's control, this dispute will be charged back to the Customer at a rate as per our Fees and Charges.
You shall be liable to pay all costs, fees, disbursements and charges including all legal fees and costs reasonably incurred by Us in the recovery of any disputed Charges.
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.
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. By doing so, MUTE is transferring the responsibility and liability of the Fine to the Customer and requests the Authorities to transfer the Fine and all communication to the Customer.
You agree in these Terms to pay or resolve (in your favour) all Fines within the timeframe given by the Authorities.
If we are for any reason unable to pass through the transfer the liability of 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.
Your safety and law compliance is very important to us so MUTE has third party insurance coverage (“Insurance”) as part of your subscription and clear guidance what to do in case of accidents. 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 Insurance and the key terms are:
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 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:
Please read the following Accidents, Damage, Loss and Theft Section to understand how to inform us of an accident.
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 are at fault or found to be at fault. Damage to yourself, your property and the Vehicle is NOT covered by the Insurance.
The procedures if there is an accident depends on the severity of the accident but in general:
You should only leave the site of the accident after all of the following have happened:
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.
When you are not at fault, there will be no cost to you, and MUTE will process the claim to completion. Any damage to your belongings has to be reported to us as soon as possible so we can include this in the insurance claim.
When you are at fault of the accident, MUTE will process the insurance claim with the other party to completion. All damages to the Customer are not insured, and all damages to MUTE’s Vehicle are also not insured, which will be charged to the Customer after repair.
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 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.
It is the Customer’s responsibility to protect the vehicle from being stolen. The main protection against theft are 1) park it in a public lighted space or in a secured garage box; 2) lock the steering wheel using the ignition; 3) lock the front or rear wheel using the wheel lock; 4) turn on the alarm (if available). Should the insurance investigation concludes these measures were not taken, the Vehicle theft cannot be claimed and MUTE can charge the Customer for the Vehicle replacement as 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, not returning) 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 with the 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 or if you are using the Vehicle for illegal activities.
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, missing accessories (keys, battery, charger, wheel lock, vehicle documents, etc.) and other administrative charges. Details of the charges can be found in our 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 you.
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 (all fees below are including 21% VAT)
Delivery (start of subscription appointment)
Pick up by Customer at the designated MUTE Garage - Free
Delivery to your home address - Free
Failure to attend delivery appointment - €50
Collection (end of subscription appointment)
Drop off by Customer at the designated MUTE Garage - Free
Collection to your home address - Free
Failure to attend collection appointment - €50
Late cancellation fee - €50
Late Payment
Payment completed within the renewal date - Free
Payment not completed within the renewal date: sum of late payment interest and fixed compensation:
Fraudulent Application
Subscribing with fraudulent documents or Payment Card, or using the vehicle in a fraudulent / illegal way - €250 + collection fee + Service termination and recovery
Traffic Fines and Penalty Charge Notices (PCNs)
Traffic fine processing fee - €20
Vehicle care
Repairs/restoration after return, accident, loss, impoundment - Up to €750
Major Repair or total loss (unroadworthy or crashed bike) - Up to €2,500
Call Outs
Lost Key Replacement - €75
Lost Helmet - €75
Lost Charger - €175
Lost Security Lock - €75
Luggage Box - €75
Decals / Stickers - €15 per sticker
Batteries (at our Service Centre)
No fault – non-functioning battery - Free
Lost/stolen battery - €950
Impoundment of Vehicle
Cost for recovery of vehicle - €300
Theft
If vehicle unsecured by Customer - Up to €2,500
If secured by Customer with all locking devices - Covered by Insurance
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:
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.
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.
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.
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.
These Terms of Service, their subject matter, and their formation are governed by the laws of Belgium. We both agree to the non-exclusive jurisdiction of the Belgian courts.
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)
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