Contract in e-commerce mode concerning the rental service (hereinafter the "Service" ) of the Devices specified in the Fleet Section of the APP.
The Device rental service is provided by the Municipality of Caorle
Fiscal Code/P.IVA: 00321280273 (hereinafter the Manager ), which provides the service with the support of the technical partner Moby Health Srl ,
with application of the General Terms and Conditions specified below to users registered with Personal Account to the mobile application:
"Caorle On Bike" (hereinafter the "APP" ) provided by the Manager through the Google Play Store, Apple App Store and can be downloaded from the landing page dedicated to the Caorle On Bike service: https://app.emoby.it/caorle
Summary of the most important information
1) Service timetable - Service rates - Payment cards --> Consult the "rates" section of the App.
2) Where to take the Ebike: the "lease starting points" - Where to return the Ebike: the "lease end points" - Where to use the Ebike: the permitted areas --> Consult the "fleet" section of the App.
3) Request assistance - Make a complaint - Report an accident --> Consult the "how it works" section of the App.
How do I access the Service? every person of legal age can request registration to the APP subject to the truthful compilation of the personal data, to the prior express acceptance of these General Terms and Conditions of the Service, of the Privacy Policy and of the further consents requested, as well as of the communication of the Accepted Payment Card at the service. Accepted Payment Cards can be consulted in the Rates section of the APP , which can be accessed from the “ ? ” or from the “ Help ” icon of the APP. With the completion of the registration, the User gives his consent to the completion of this Framework Contract, therefore the registered User is the owner of a User Account by means of which he can request the Manager to use the Devices by activating the desired Lease Sessions in his favor .
What is the Ebike lease agreement? it is a leasing contract for movable property which for each leasing session is finalized with the request by the user, through his own account, to receive the Ebike in detention for the purpose of its use in compliance with the Law and the Terms and of the General Conditions of the Service in force at the time of your request.
Can I withdraw from the Ebike lease agreement? at any time by requesting the removal of the account from the "?" menu, or from the "Help" icon in the App.
What are the restrictions on using the Device? the use of the Device is always subject to the limitations of use dictated by the Law, meaning the provisions of the Highway Code and the regulation applied by the municipal administration to circulation on the road and/or in restricted traffic areas and/or in pedestrian areas in the specific Operational Area, or those deriving from specific regulations applied in public or private areas, knowable according to the rules of common diligence. The Manager reserves the right to eventually apply a digital perimeter to certain areas of use in some contexts, in which case the APP during the Rental Session will send an audio/text/graphic alert of the digital perimeter to the User with an invitation to adapt their conduct driving.
“ MANAGER ” is the Manager of the Service marginalized in the epigraph.
" Account " is the active account of each User from the moment of his correct registration to the APP. The User ID coincides with the email address indicated by the User when registering.
“ APP ” means the mobile application for smartphones and tablets, available on the Apple Store and Google Play to which the User registers after accepting these General Terms and Conditions of Service and the Privacy Policy. The App is owned by EMOBY Srl licensed in favor of the Manager, if different from EMOBY Srl The APP can also be accessed from the Manager's website listed in the registry or from the Landing Page dedicated to the service.
" Operational Area " indicates the area in which the Rental Session takes place, i.e. the Area within whose perimeter the use of the Devices is permitted. The Operational Area coincides with the area included between the Lease Start Point and an authorized Service End Lease Point, specified in the Fleet section of the APP , which can be accessed from the "?" or "Help" icon of the APP.
The User is responsible for planning the journey having regard to: (i) the electrical autonomy of the Device indicated by the display of the Device and in the APP; (ii) the limitations of use dictated by the Law, meaning the provisions of the Highway Code and the regulation applied by the municipal administration to circulation on the road and/or in limited traffic areas and/or in pedestrian areas in the specific Operating Area, or specific regulations adopted in public or private areas, knowable according to the rules of common diligence. In some contexts, the Manager reserves the right to eventually apply a digital perimeter to certain areas of use or even to certain areas with inhibition/restriction of use, in which case the APP will send an audible/text/graphic notification of the perimeter during the Lease Session digital to the User with an invitation to adapt their driving behavior. The violation of the Law and/or the violation of the digital perimeter of the Operational Area by the User, who does not adapt their conduct to the notice of exceeding the limit signaled by the APP, entitles the Manager to terminate this contract and apply the penalties provided for in these General Terms and Conditions of the Service.
" Starting the Lease " of the Device means the activation of the Lease Service of the Device in favor of the requesting User through the electronic unlocking of a Scooter or a Mobility scooter and/or the electro-mechanical unlocking of a Bicycle and/or the release of the retention mechanisms present in the electric charging stations associated with the Service.
“ Bicycle ”, the bicycle associated with the APP which can be consulted in the Fleet section of the APP , which can be accessed from the “ ? ” or from the “ Help ” icon of the APP.
“ RFID Card ” is a plastic card, graphically customized by the Manager, with Rfid technology. This support represents an additional possible way of accessing the Device rental service.
“ Payment card ” means any payment card owned by the User admitted by the Manager for completing the User registration verifiable in the Rates section of the APP , which can be accessed from the “ ? ” or from the “ Help ” icon of the APP.
" Search for a Vehicle " (" Fast-booking ") is the service that allows the User to search for and book a Device to be rented at the moment. On the main screen of the APP, 3 buttons appear: "Search for a Vehicle", "Rent a Vehicle", "Book".
Clicking "Search for a Vehicle" opens the georeferenced Map. By clicking on the icon of the desired Device, the "Book" button is activated. Clicking "Book" opens the screen that indicates: (i) the distance from the Lease Starting Point; (ii) your Device ID; the Retention Station ID; (iv) the remaining time of validity of the reservation. Once the time has elapsed, the reservation is canceled automatically and the APP returns to the main screen. Having arrived at the Device in good time, the User clicks on the "Start Rental" button . The APP opens a summary box of the Tariff and asks for acceptance of the Tariff and of the General Terms and Conditions of the Service. With acceptance, the Device is unlocked in favor of the User.
“ Highway Code ” the Legislative Decree n. 285/1992, updated by Law 9/11/2021 n. 156 et seq. mm. ii.
“ Communication ” indicates any communication from the User to the Manager through the Help menu of the APP , which can be accessed from the icon “ ? ” or “ Help ”, or to the additional email/telephone numbers listed in the How It Works section of the APP , which can be accessed from the same menu “ ? ” or from the “ Help ” icon of the APP.
" Framework Agreement " the leasing agreement for movable property between the User and the Manager governed by the General Terms and Conditions of the Service which has as its object the provision of the Rental Service for a Device. The Framework Contract is concluded with the acceptance of the General Terms and Conditions of the Service and the completion of the User registration.
" Courtesy Point or Info Point " is a possible place manned by a representative of the Manager where it is possible to request information or assistance to the service as well as access additional pertinent and accessory services.
“ Device/s or even Vehicle/s means a Scooter, a Mobility Scooter, a Bicycle associated with the APP.
" Identity document " indicates the identification document (identity card, passport or driving licence) whose references will have been provided or whose copy will have been acquired, totally or partially, upon registration and acceptance of the Conditions General Service and Privacy Policy.
“ FAQ ” is the English acronym for “Frequently asked questions” indicating a collection of questions and answers relating to the functioning of the service and the resolution of possible and common problems.
" Fleet " indicates a group of Devices used in a specific Operational Area and united by the application of a specific Tariff.
" End of Lease " means the final moment of the provision of the Device rental Service to the User by means of the electronic locking of a Scooter or a Mobility Scooter and/or the electro-mechanical locking of a Bicycle and/or the locking mechanisms retention present in the electric charging stations associated with the Service, resulting from the correct request for the end of the Service by the User or also from the termination of the Contract by the Operator due to breach of contract by the User.
" Device ID " means the QR Code that uniquely identifies the Device. The Scooter and Mobility Scooter ID is the QR Code present respectively on the handlebar or in a visible and accessible point of the Mobility Scooter, the bicycle ID is displayed on the rear wheel locking mechanism, possibly also on the front of the frame. To simplify the identification of the Device by the User, the Devices can also be numbered (e.g. 1, 2, 3, 4, ...) or identified with a nick name (e.g. UGO 1, UGO 2, UGO 3 ...,) by means of stickers applied to the Devices themselves.
" Kids Kit " indicates the set of useful accessories (seat and helmet) for the transport of minors by bicycle, which can be rented by the User.
" Accessory Kit " indicates the set of additional accessories that can be rented by the User through the APP or with the assistance of a Courtesy or Info Point operator.
" Law " means any legal and/or regulatory provision applicable to the Service at the time of Requesting the Service and Activating it, in particular including, in addition to the provisions of the Highway Code, those further deriving from the regulation of the municipal administration governing the discipline and governance of the use of the Device in the Operational Area that the User is required to know by applying common diligence.
"Lease" indicates the Lease service of a Device associated with the APP that the User will use for the duration of the Lease Session in an appropriate manner and in compliance with the Law, as defined above, and with these General Terms and Conditions of the Service .
The User is advised that instead of the term Lease in the texts of the APP, the term Rental may also be used, this is necessary for the mere purpose of using the common language. It is well understood that with the acceptance of these General Terms and Conditions of the Service and at the time of each request for Start of Rental (even if the APP button indicates "Start of Rental") the User requests to activate a lease of furniture and then receive the Device in custody in order to be able to use it during the lease session, thus assuming all the risks inherent in the use of the Device itself.
" Map " indicates the display from the Smartphone of the real-time georeferenced position of the Devices available for location.
" Payment method ", the payment method accepted by the Manager.
" Scooter ", predominantly electric propulsion scooter associated with the APP subject to specific use restrictions of the Highway Code or even municipal regulations that the User is required to know.
“ Mobility Scooter ”, four-wheeled electric medical device associated with the APP subject to specific use restrictions of the Highway Code being equated to a pedestrian with permissible use within the limits of permissible behaviors for a pedestrian.
“ Rent a Vehicle ” (“Instant-booking”) is the service that allows the User to immediately start a rental session when he is at a Device. On the main screen of the APP, 3 buttons appear: "Search for a Vehicle", "Rent a Vehicle", "Book".
Clicking "Rent a Vehicle" opens the SCAN to frame the QRCODE associated with the Device. Once the QRCODE has been acquired, the User clicks on the "Start Rental" button . The APP opens a summary box of the Tariff and asks for acceptance of the Tariff and General Terms and Conditions of the Service. With acceptance, the Device is unlocked in favor of the User.
" Parking Area " indicates the area in which the User is entitled to conclude the Rental Session in compliance with the Park Policy.
"Park Policy" indicates the rules which the User must comply with in order to correctly conclude the Rental Session.
In the event of a complete station service:
In the case of Free Flow Service:
the User performs the same actions referred to in point (ii) above.
Incorrect positioning of the Device within the Parking Area makes it impossible to close the Rental Session, with consequent continuation of the Service pricing. The User is required to verify the correct conclusion of the Rental Session in the APP:
" Pause " indicates the time frame during which the User pauses during the Rental Session. The Pause begins : for the Bicycle, by closing the locking mechanism of the rear wheel; for the Kick Scooter or Mobility Scooter by pressing the "lock" button in the APP. The Pause ends : for all Devices, Bicycle, Mobility scooter, Kick scooter by pressing the "Unlock" button in the APP. During the Pause, the Rental Session remains active with the application of the Tariff, unless otherwise indicated in the Tariffs section of the APP , which can be accessed from the “ ? ” or from the “ Help ” icon of the APP.
" Penalties " means the general penalties provided for in the General Terms and Conditions of the Service, and any additional ones applicable as a special discipline if appropriately communicated in the Rates / Fleet / How It Works section of the APP, the payment of which the User is required to addition to the payment of the amount accrued for the Service used, as a result of violations by the User of these General Terms and Conditions of the Service and/or of the special discipline of the Service explained in the Rates/Fleet/HowItWorks section of the APP , which can be accessed from the menu “ ? ” or from the “ Help ” icon of the APP. Penalties do not exclude the possibility of compensation for any damage caused directly or indirectly to the Manager and/or third parties by the user's behavior as a result of the violation of the law, nor the imposition of fines and/or sanctions by the municipal police and/or public administration generally.
" Rate Plan " indicates the summary document of the Service pricing methods published in the Rates section of the APP , which can be accessed from the same menu " ? ” or from the “ Help ” icon of the APP.
“ Reservation ” (“longterm-booking”) is the service that allows the User to book a rental session on a certain date (eg 04.28.2023). On the main screen of the APP, 3 buttons appear: "Search for a Vehicle", "Rent a Vehicle", "Book".
Clicking "Book" opens the screen that indicates the places of the Service where you can book the Device. By selecting the Place (e.g. Piazza Libertà) the screen allows you to select the type of Device (e.g. E-Bike, E-MTB, kick scooter, mobility scooter) and then "Choose the Dates" .
It is also possible to make a multi-day reservation. Once the compilation has been completed, the APP summarizes the booking data: Location Start Point from which to pick up the Device, Device type, Location Start Date, Location End Date, Booking cost. If the data are correct by clicking on "Book" the User authorizes the payment of the booking cost from the Payment Card.
The reservation gives the right to access the Device from 00.01 on the day of the Lease Start until 24.00 on the end of the Lease. At 00.01 on the day of Lease Start, the APP will inform the user about the assigned Device ID. When the User is at the Device, just click on the "Start Rental" button and the Device is unlocked in favor of the User.
" Virtual wallet ", also called "wallet", is the User's virtual account, linked to the Account, to which the tariff credits pre-purchased by the User using the Payment Card are credited and from which the consumed credits are deducted .
“ QRcode ” is a two-dimensional barcode composed of black modules arranged within a white square-shaped scheme. The Qrcode is used to memorize and return information relating to the rental service to the User, e.g. the Device ID, e.g. access to the Landing Page of the Service.
" Parking rules " (henceforth "Park Policy") represent the rules which the user is required to observe whenever he parks the Device during a Pause or at the end of the Rental session. The Manager can adopt different Park Policies for each fleet of Devices by indicating it in the Fleet section of the App , which can be accessed from the " ? ” or from the “ Help ” icon of the APP.
" Service " means the Lease service as defined above.
" Customer Service " means assistance to the User in the manner specified in the menu "?" or from the "Help" icon of the APP.
" Lease Session " indicates the time interval between the Start of the Lease and the End of the Lease.
" Smartphone " indicates the smartphone, or even a tablet, required by the User to access the App.
" Recharge station " is the automated distributor associated with the APP for the self-service rental and electric recharge of certain Devices.
" Tariff " indicates the fee due to the Manager by the User for holding the Device in the Lease Session. Payment for the service is required for mobile web payment by charging the Payment Card. The Tariff can be based on consumption, per day, the payment can be prepaid in graduated or progressive, according to the Tariff Plan of the Service published in the "Tariffs" section of the APP which can be accessed from the "?" or from the "Help" icon of the APP.
“ Plate ” indicates any alphanumeric code assigned to the single Device.
" User " indicates the natural person authorized to use the Service
2.1 The purpose of the Service is the leasing to the User of a Device to be used in compliance with the Law and with the General Terms and Conditions of the Framework Contract against payment of the Service Fee.
2.2 Access to the Service is subject to User registration in the App by means of a compatible version IOS/Android Smartphone and an active data connection.
2.3 When registering with the App, the User expressly declares that he/she unconditionally adheres to these General Terms and Conditions of the Framework Contract and undertakes to promptly comply with them.
2.4 Registration for the Service does not imply any obligation for the User to activate a lease session nor does it give the User the right to request the provision of the Service from the Manager which assumes no guarantee regarding the availability of Devices to satisfy the request of the User.
2.5 The methods of quick access to the Service and the instructions for requests/communications for Assistance/Claims/Claims are given in the "How it works" section of the APP , which can be accessed from the " ? ” or from the “ Help ” icon of the APP.
2.6 The Tariff Plan, the Hourly Plan, the Service Payment Cards are shown in the "Tariffs" section of the APP , which can be accessed from the " ? ” or from the “ Help ” icon of the APP.
2.7 The Lease Start Points and Lease End Points, the type of Devices, the Service Operational Area are shown in the "Fleet" section of the APP , which can be accessed from the " ? ” or from the “ Help ” icon of the APP.
2.8 The Manager reserves the right to modify the General Terms and Conditions of the Service over time, undertaking to request an express new acceptance of only those modifications that are considered relevant pursuant to the Consumer Code. Therefore, each new request to start the Lease will remain suspended until the User has declared acceptance of the General Terms and Conditions of the Service and the Rates in force at the time of the request.
3.1. The age of majority is always required to register for the Service.
3.2 The Account will be activated in the language selected by the User which will therefore be the language of execution of the Service.
3.3 The User acknowledges that by completing the registration procedure for the Service, the User expressly accepts the General Terms and Conditions of the Service and the Privacy Policy, having fully understood and accepted their content.
3.4 The User expressly acknowledges that, after registering, no further expression of consent or declaration of acceptance may be required of him in relation to the Service and that therefore the declared acceptance of the General Terms and Conditions of the Service and of the Privacy Policy automatically extends to any subsequent request to access the Service.
3.5 The Manager reserves the right to ask the User to provide proof of his identity and to suspend the User's registration in the event that the data provided are not consistent.
3.6 In any case, the Manager reserves the right to verify at any time the truthfulness of the documentation provided by the User during registration, also by accessing documents from the competent administrative authorities, reserving the right to suspend the Account or cancel it at any time. every case of mendacity, with a report of the incident in the event that the fact constitutes a crime.
3.7 The registration procedure requires the User to communicate a Payment Card to which the fees for the Service can be debited via mobile web payment.
In relation to each Fleet, the Manager reserves the right to admit only some types of Payment Cards (e.g. credit cards, bank debit cards only) and to exclude others (e.g. pre-paid cards) or certain circuits. The Payment Cards accepted for each Fleet can be consulted in the "Rates" section of the APP, which can be accessed from the " ? ” or from the “ Help ” icon of the APP.
The Payment Card data provided by the User is not known to the Operator but to the mobile web payment service provider, indicated under the heading Payment Management in the Privacy Policy, authorized to operate in the relevant international circuit which assumes exclusive responsibility in regarding their management and safety.
3.8 The right to refuse registration of an Account or to suspend or deactivate an Account is left to the Manager's unquestionable discretion.
4.1 Each User may only register one Account.
4.2 The Account is personal and not transferable to third parties. The Device object of the Lease may be entrusted by the User to the minor child who is at least 14 years of age and provided that the aforementioned minor is enabled to drive the Device by the Law in force at the time of the Lease Start. The User Account holder, parent of the minor, assumes full and unconditional responsibility for any damage, for any reason or title, the minor should cause to himself or to people or things during the Rental Session.
4.3 The email address and password constituting the User Account must not be shared with other subjects and kept in an appropriate manner so that third parties cannot access the Service without the User's knowledge. The User must change the password immediately if there is reason to believe that a third party has become aware of it.
4.4 The User is solely responsible for the secrecy of the password to access the Service and is, therefore, required to promptly notify the Manager of any event that could give rise to unauthorized use of the Account by third parties, because the Manager can provide for the deactivation of the Account and the attribution of a new Account.
4.5 The User is responsible for all activities related and/or connected and/or consequent to the Service that occur on his/her Account, also as a result of unauthorized use of the same.
4.6 The Manager reserves the right to provide the User's data to the public safety authorities and/or the judiciary if required by law or by the provision of the PA
5.1 The User accesses the Location in the following ways:
5.2 " Rent a Vehicle " ("Instant-booking") is the service that allows the User to immediately start a rental session when he is at a Device.
On the main screen of the APP, 3 buttons appear: "Search for a Vehicle", "Rent a Vehicle", "Book".
Clicking "Rent a Vehicle" opens the SCAN to frame the QRCODE associated with the Device. Once the QRCODE has been acquired, the User clicks on the "Start Rental" button .
The APP opens a summary box of the Tariff and asks for acceptance of the Tariff and General Terms and Conditions of the Service. With acceptance, the Device is unlocked in favor of the User.
5.3 " Search for a Vehicle " (" Fast-booking ") is the service that allows the User to search for and reserve a Device to be rented at the moment.
On the main screen of the APP, 3 buttons appear: "Search for a Vehicle", "Rent a Vehicle", "Book".
Clicking "Search for a Vehicle" opens the georeferenced Map showing the Devices with indication of the respective battery charge level.
By clicking on the icon of the desired Device, the "Book" button is activated.
Clicking "Book" opens the screen that indicates: (i) the distance from the Lease Starting Point; (ii) your Device ID; the Retention Station ID; (iv) the remaining time of validity of the reservation. Once the time has elapsed, the reservation is canceled automatically and the APP returns to the main screen.
Having arrived at the Device in good time, the User clicks on the "Start Rental" button .
The APP opens a summary box of the Tariff and asks for acceptance of the Tariff and of the General Terms and Conditions of the Service. With acceptance, the Device is unlocked in favor of the User.
5.4 “ Booking ” (“longterm-booking”) is the service that allows the User to book a rental session on a certain date (eg 28.04.2023).
On the main screen of the APP, 3 buttons appear: "Search for a Vehicle", "Rent a Vehicle", "Book".
Clicking "Book" opens the screen that indicates the places of the Service where you can book the Device.
By selecting the Place (e.g. Piazza Libertà) the screen allows you to select the type of Device (e.g. E-Bike, E-MTB, kick scooter, mobility scooter) and then "Choose the Dates" .
It is also possible to make a multi-day reservation.
Once the compilation has been completed, the APP summarizes the booking data: Location Start Point from which to pick up the Device, Device type, Location Start Date, Location End Date, Booking cost.
If the data are correct by clicking on "Book" the User authorizes the payment of the booking cost from the Payment Card.
The reservation gives the right to access the Device from 00.01 on the day of the Lease Start until 24.00 on the end of the Lease. At 00.01 on the day of Lease Start, the APP will inform the user about the assigned Device ID. When the User is at the Device, just click on the "Start Rental" button and the Device is unlocked in favor of the User.
5.5 The User can Pause the Rental Session by simply clicking the "Lock" button of the Scooter or Mobility Scooter App and/or by closing the rear wheel locking mechanism for the Bicycle.
The User expressly undertakes to park the Device only in the permitted places and in compliance with the Law, municipal regulations, the regulations of the managers of public or private areas.
During the Pause, the Rental Session remains active with the application of the Tariff, unless otherwise indicated in the Tariffs section of the APP , which can be accessed from the “ ? ” or from the “ Help ” icon of the APP.
The Pause ends for all Devices, Bicycle, Mobility scooter, Kick scooter by pressing the "Unlock" infographic button in the APP.
5.6 To correctly conclude the Rental Session:
Incorrect positioning of the Device within the Parking Area makes it impossible to close the Rental Session, with consequent continuation of the Service pricing. The User is required to verify the correct conclusion of the Rental Session in the APP.
5.7 In some Operational Areas and/or on the occasion of particular events, it is possible that access to the Service is required at a Courtesy/Info Point by signing an electronic or paper lease contract for movable property and with possible payment of the Service in cash or by charge to your credit/debit card.
5.8 In some Operating Areas and/or on the occasion of particular events, the leasing of movable property may concern not only the Devices but also accessories (Kit Kids - Kit Accessories). The rental of the latter will be governed by specific regulations, through an automated locker (Locker) or also at the Courtesy/Info Point with the assistance of an operator. The rental rates of the aforementioned Kits will be published in the Rates section of the APP, which can be accessed from the "?" or "Help" icon of the APP.
5.9 On the occasion of particular events or for certain particular needs of the Service, the Manager, at its sole discretion, may create the User's Account directly from the Back-Office.
5.10 Access to the Service can also take place via Rfid Card, where provided by the Manager.
6.1 By accepting these General Terms and Conditions of the Service, the User expressly undertakes:
6.2 The Devices object of the Service can only be operated by Users of legal age, except for access to the service by Qualified Minors as defined by the upper article 4.11, who have completed fourteen years of age, provided that in compliance with all the applicable provisions of Laws and regulations. Drivers under the age of fourteen are always required to wear a suitable protective helmet, which in any case is always advisable
6.3 The User is personally responsible for each Device from the Start of the Lease until the correct conclusion of the Lease Session, including the time periods in which the Device is in Pause condition. Any administrative fine resulting from the use of the Device imposed by the competent authorities will be fully borne by the User, including any additional costs and/or charges.
6.4 The User is exclusively responsible for all direct and indirect damage caused to third parties (people, things and animals) during the Rental Session and also for any damage caused to himself and to his property or animals in consequence of the use he makes of the Device during the Rental Session.
6.5 The User hereby declares, expressly undertaking to do so, to indemnify and hold harmless the Manager and also the company/companies and/or Entities that own the property and/or management rights on the areas affected by the Service from any liability , action, reason and/or claim of third parties as a result of facts attributable to the conduct of the User during the Rental Session.
6.6 The User undertakes to immediately notify the Manager of any eventual accident occurring during the Rental Session, meaning any event that may lead to a claim by the third party as a result of damage caused by the use of the Device, by sending an immediate report to the Claims service indicated in the menu "?" or "Help" icon of the APP. Failure to report the accident entails the right of the Operator and also of the Public Administration and/or of the company/companies and/or Entities holding property and/or management rights on the areas affected by the Service to proceed against the User for the compensation for any damage that may result from said lack of information, by way of example, damage to image, damage from loss or reduction of industrial/commercial opportunities, etc.
6.7 The theft or loss of any RFID Card for access to the rental Service - must be immediately reported by the User to the Claims Service Manager indicated in the menu "?" or "Help" icon of the APP. The complaint has the purpose of relieving the User from costs and from any responsibility for the use of the Service by third parties. The issue of a new RFID Card has a cost charged to the User of 5.00 euros plus any shipping costs. By accepting these General Terms and Conditions of the Service, the User expressly authorizes the Manager to apply the aforementioned penalty and to pay it by debiting the Payment Card communicated when registering the User Account.
6.8 The User acknowledges that the Service could be subject to limitations of use with Start and End times of the Rental and therefore assumes the obligation to return the Device to the End Location Points within the Service Time indicated in the "Rates" section of the APP which can be accessed from the “?” or "Help" icon of the APP. Failure to return the Device within the End of Lease time determines the automatic application of the penalties indicated in the same "Rates" section of the APP. By accepting these General Terms and Conditions of the Service, the User expressly authorizes the Manager to apply the Penalties and pay them by debiting the Payment Card communicated when registering the User Account.
6.9 The User undertakes to implement any behavior that a good father of a family would adopt to avoid theft of the Device. The User assumes the express obligation to always lock the padlock placed on the rear wheel of the bicycle in any case of Pause during the rental session and to immediately go to the parking place of the Device if, during the Pause function, the alarm should sound sound of the burglar alarm or even if it should receive a burglar alarm push notification on the smartphone. The User therefore undertakes to keep his or her smartphone active in order to promptly detect the aforementioned alarms and to carry out any behavior imposed by custody and ordinary diligence. The User expressly acknowledges that a behavior contrary to the aforementioned obligations may result in a liability, including compensation, of the User in the event of theft of the Device.
6.10 The User undertakes to immediately notify the theft of the Device by reporting it to the Claims Service indicated in the epigraph and to the Public Safety Authority, with transmission to the Manager of the related report.
6.11 The User is always responsible for the non-return of the Device, for any hypothesis of loss or loss of the Device, if different from Innocent Theft and therefore agrees to compensate the Manager for the loss or loss of the Device with a flat-rate penalty of Euro 2000.00 for the Mobility Scooter and for the Bicycle and 800.00 euros for the Scooter. The User therefore undertakes to immediately communicate the aforesaid event to the Claims Service and also to the Public Security Authority, with transmission of the related complaint to the Manager. By accepting these General Terms and Conditions of the Service, the User expressly authorizes the Manager to apply the penalty and pay it by debiting the Payment Card communicated when registering the User Account.
6.12 The lack of a correct End of the Rental of the Device in the 24 (twenty-four) hours following the Start of the Rental and the concurrent lack of a communication to the Customer Service or to the Complaints Service or to the Claims Service, unless the omission derives from due to force majeure or a different impediment certified by a public authority, are equivalent to the loss or loss of the Device pursuant to article 6.9 above.
6.13 The User expressly acknowledges that the applicable Italian legislation does not prescribe any type of insurance coverage for damage caused by the driver of a Bicycle, Kick Scooter or Mobility Scooter and that, therefore, even if the Manager has decided to voluntarily activate certain coverage insurance for civil liability towards third parties, in no case the same coverage would exclude the compensation liability of the User and in no case could it be extended to cover the damages suffered by the User, or by the things in the User's possession.
6.14 Every obligation to communicate / report referred to in this article must be fulfilled towards the Manager and the Public Authority no later than 10 minutes from the occurrence of the event / accident or from knowledge of the same, unless the communication of an accident is not possible for fact not attributable to the User, for example loss of consciousness. The User is in any case obliged to remain in the place of the event/accident until he receives adequate instructions from Customer Service, Complaints Service, Claims Service and in no case may he leave the Device, unless he has to leave the place of the accident for reasons of urgent medical treatment.
7.1 The Manager undertakes to keep the Devices safe and in a good state of maintenance.
7.2 The User acknowledges, waiving the right to raise any objection and/or dispute, that a Rental Session Request may not be activated by the Manager for reasons beyond its control such as service limitations caused by a malfunction of the User's Internet connection and/or the Manager; interruptions due to natural disasters (e.g. earthquakes or floods) or causes of force majeure (e.g. strikes, lockouts) or other causes not dependent on the Manager or due to the fact of a third party (e.g. vandalism).
7.3 The Manager is liable only for direct damages caused to the User and/or possibly to third parties or to things that are a direct consequence of a construction defect or even malfunctioning of the components of the Devices to the extent that the damage, if consequent to the malfunction, whether it was caused intentionally or caused by negligence of the Manager, with the express exclusion therefore of any malfunction resulting from tampering with the components of the Devices.
7.4 The Manager will digitally record every report and/or complaint, including from third parties with respect to the User; will investigate and verify the content by carrying out appropriate research and will then resolve the case by providing appropriate feedback and adopting the necessary precautions to correct - if necessary - any procedures and/or actions.
8.1 The Rates applied to the Rental Session are exclusively those published in the "Rates" section of the APP which can be accessed from the "?" or from the "Help" icon of the APP.
8.2 By accepting the General Terms and Conditions of the Service, the User declares to have consulted the aforementioned "Rates" section of the APP and to have accepted the indicated tariff plan.
8.3 The Manager reserves the right to modify the tariff plan of the Service without any notice. In any case, at the time of each rental request, the Manager expressly requests the User to accept the Service Tariff and also the General Terms and Conditions of the Service.
8.4 The rate plan in force at the time of booking the Device rental session always applies to bookings on a specific date.
8.5 The Rates may also be published on the Landing Page dedicated to the Service or on other information media. In the event of a discrepancy, the Tariff published in the "Tariffs" section of the APP , which can be accessed from the "?" menu, always prevails. or from the "Help" icon of the APP.
8.6 Each amount indicated in the "Rates" section of the App is always inclusive of VAT.
8.7 The authorization for payment by Payment Card, given by the User when registering the Account, exclusively concerns the payment of the "Fee" of the Service and the possible payment of Penalties if provided for in these Terms and Conditions Service Generals.
8.8 Any disputes by the User regarding the correctness of the amounts charged must be notified by registered mail within 30 days of the debit of the disputed amount.
8.9 In the case of a prepaid rate, the User's credit is non-refundable, non-transferable, non-transferable; it has no expiration date and can only be used to pay for rental sessions.
9.1 The User may withdraw from the contractual relationship with the Manager at any time by notifying it by requesting deactivation of the Account in the menu “ ? ” or from the “ Help ” icon of the APP.
9.2 The Manager may, at any time, by giving written notice to the User by registered letter with return receipt or by e-mail: (i) withdraw from the contract with 48 (forty-eight) hours notice; (ii) terminate the contract with immediate effect due to breach by the User, without prejudice to the right to compensation for any damage to the Device, and/or to the Operator's infrastructure, and/or to third parties in general, things or people, caused by the User.
9.3 The User expressly acknowledges that the violation of the General Terms and Conditions of the Service, in addition to the damages resulting from the User's behaviour, in any case damages the Manager's image, disturbs the performance of the Service, affects the contractual relationship with third parties such as municipal administrations, managers of public or private areas, contracting stations.
9.4 The Manager is not required to communicate the suspension and/or termination of the Service individually, as the unavailability of the Devices can be detected by the APP itself.
9.5 The Manager is attentive to the User's needs and endeavors to ensure that the same obtains maximum satisfaction from the use of the Service. If after the appropriate checks, anomalies are found in the service attributable to the Manager or to third parties delegated by the latter, the User has the right to an indemnity of 2.00 euros (VAT included) in any case of absolute unavailability of the service duly booked in favor of the 'User in addition to the refund of any fare paid in advance at the time of booking (with the sole exclusion of the partial or total refund of any subscriptions). The Manager undertakes to acknowledge the request within 7 working days of its transmission, crediting the compensation to the Wallet to be used in the sharing service. Compensation is excluded where the disservice is caused by disservices caused by third parties (vandalism, etc.) or occurred due to force majeure even in the event of particular circulatory conditions, or due to lack of data/telephone network signal coverage. attributable to the Manager. Any communication of complaint must be sent to the Manager's email address indicated in the epigraph.
10.1 The personal data of the User registered on the Service are collected and processed in full and absolute compliance with the provisions of EU Regulation 2016/679 regarding the protection of personal data.
10.2 The Devices are equipped with hardware for their geolocation. By accepting these General Terms and Conditions of the Service, the User declares to be aware of and accept: (i) the geolocation of the device during the driving and parking phases; (ii) the availability of geolocation data for at least 12 (twelve) months and their communication to the public authorities for legal reasons or in any case their use in the context of any investigation that may be necessary to verify any liability in the conduct of the 'User during the Rental Session in order to prevent or manage a dispute in any location.
10.3 Geolocation is also necessary in order to make the User aware of prudent and safe driving. The driving behavior data and geolocation data may therefore also be processed for the purpose of assessing the driving behavior of the individual User and compliance with the service regulations. The data acquired in real time is also used to inhibit use in some areas (Geofencing).
11.1 The Framework Contract concluded with the acceptance of these General Terms and Conditions of the Service is governed by Italian law
11.2 For any dispute originating from the Framework Contract, or connected to it or deriving from it, if the User qualifies as a consumer pursuant to the Law, the Court of the place of residence or of the domicile elected by the User in the territory of the Italian Republic. In all other cases, the Court of Milan will have exclusive jurisdiction.