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 Service Operator
MobyHealt Srl (hereinafter the Manager ) with registered office at Via Vittorio Imbriani, 48 80121 Naples (NA), VAT number: IT07605361216
with application of the General Terms and Conditions specified below to users registered with a Personal Account on the mobile application:
"EMOBY" (hereinafter the "APP" ) provided by the Operator through the Google Play Store, Apple App Store or downloadable from the Operator's website or (if) from the landing page dedicated to the Service.
Summary of the most important information
How do I access the Service? any person of legal age can request registration with 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, the Privacy Policy and the additional consents required, as well as the communication of the accepted Payment Card at the service. The accepted Payment Cards are available in the Rates section of the APP , which can be accessed from the menu “ ? "Or from the" Help " icon of the APP. By completing the registration, the User gives his consent to the completion of this Framework Agreement, therefore the registered User holds a User Account by means of which he can request the Operator to use the Devices by activating the desired Rental Sessions in his favor. .
What is the Service Schedule? any hourly restrictions of use and / or redelivery obligations at a given time are specified in the item "Service Hours" in the "Rates" section of the APP , which can be accessed from the " ? "Or from the" Help " icon of the APP.
What is the Service Rate Plan? the tariff plan of the Service is specified in the “Tariffs” section of the APP , which can be accessed from the “ ? "Or from the" Help " icon of the APP.
Where can I get the Device and where can I return the Device? the pick-up points and points authorized for the return of the Devices are specified in the items "Start Location Points" and "End Location Points" in the "Fleet" section of the APP , which can be accessed from the " ? "Or from the" Help " icon of the APP.
Where do I use the Devices? the area in which the Lease Session takes place, i.e. the area within which the use of the Devices is permitted, coincides with the area included between the Lease Start Point and an authorized End Lease Point of the Service, as specified in the “Fleet” section of the APP , which can be accessed from the “ ? "Or from the" Help " icon of the APP.
Who can I request assistance from? Make a Complaint? Report a Claim? the User can request Assistance and / or submit Complaints and is obliged to report any Claims via the web using the "Help" button in the APP menu or by email or by telephone contact at the addresses specified in the "How It Works" section of the APP , accessed from the menu “ ? "Or from the" Help " icon of the APP.
What are the limitations 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 regulations applied by the municipal administration to traffic on the road and / or in restricted traffic areas and / or in pedestrian areas in the specific Operating Area, or those deriving from specific regulations applied in public or private areas, which can be known according to the rules of common diligence. The Manager reserves the right to possibly apply a digital perimeter to certain areas of use in some contexts, in which case the APP during the Rental Session will send a sound / text / graphic alert of the digital perimeter to the User with an invitation to adapt their conduct driving.
What is the Device Lease Agreement? is a lease agreement for movable property which for each Lease Session is completed with the request by the User - through their Account - to receive the Device in possession 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 Device Lease Agreement? at any time requesting the removal of the Account in the "?" or from the "Help" icon of the APP.
" MANAGER " is the Manager of the marginalized service in the epigraph.
" Account " is the active user of each User from the moment of his / her correct registration to the APP. The User ID coincides with the email address indicated by the User at the time of registration.
" APP " means the mobile application for smartphones and tablets, available on the Apple Store and Google Play to which the User registers upon acceptance of these General Terms and Conditions of the Service and the Privacy Policy. The App is owned by EMOBY Srl licensed in favor of the Manager, if different from EMOBY Srl It is also possible to access the APP from the Manager's website listed in the registry or from the Landing Page dedicated to the service.
“ Operating Area ” indicates the area in which the Leasing Session takes place, ie the Area within which the use of the Devices is permitted. The Operational Area coincides with the area between the Lease Start Point and an authorized Service End Lease Point, specified in the Fleet section of the APP , accessed by the "?" or "Help" icon of the APP.
The User is obliged to plan the journey having regard to: (i) the electrical range of the Device indicated by the Device display and in the APP; (ii) the limitations of use dictated by the law, meaning the provisions of the Highway Code and the regulations applied by the municipal administration to road traffic and / or in restricted traffic areas and / or pedestrian areas in the specific Operational Area, or specific regulations adopted in public or private areas, which can be known according to the rules of common diligence. The Operator reserves the right to possibly apply a digital perimeter in some contexts to certain areas of use or even to certain areas with inhibition / restriction of use, in which case the APP during the Lease Session will send a sound / text / graphic warning of the perimeter 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 his conduct to the notice of exceeding the limit indicated by the APP, follows the right of the Operator to terminate this contract and to apply the penalties provided for in these General Terms and Conditions of the Service.
" Start of Leasing " of the Device means the activation of the Device Leasing Service in favor of the requesting User by electronically unlocking a Scooter or Mobility scooter and / or electro-mechanical unlocking of a Bicycle and / or unlocking of the retention mechanisms present in the electric charging stations associated with the Service.
“ Bicycle ”, the bicycle associated with the APP that can be consulted in the Fleet section of the APP , which can be accessed from the “ ? "Or from the" Help " icon of the APP.
“ Card RFID ” is a plastic card, graphically personalized by the Operator, with Rfid technology. This support represents an additional possible way of accessing the Device rental service.
" Payment card " means each payment card in the ownership of the User admitted by the Manager for the completion of the User registration verifiable in the Rates section of the APP , which can be accessed from the menu " ? "Or from the" Help " icon of the APP.
" Search a Vehicle " (" Fast-booking ") is the service that allows the User to search and book a Device to be rented at the moment. On the main screen of the APP, 3 buttons appear: "Search a Vehicle", "Rent a Vehicle", "Book".
Clicking “Search for a Vehicle” opens the georeferenced map. Clicking on the icon of the desired device activates the "Book" button. Clicking “Book” opens the screen indicating: (i) the distance from the Location Starting Point; (ii) the Device ID; the ID of the Retention Station; (iv) the remaining time of validity of the reservation. Once the time has elapsed, the reservation is automatically canceled and the APP returns to the main screen. Upon arriving at the Device in good time, the User clicks on the "Start Rental" button . The APP opens a summary box of the Rate and requests acceptance of the Rate and the General Terms and Conditions of the Service. With acceptance, the Device unlocks in favor of the User.
" Highway Code " the Legislative Decree n. 285/1992, updated by Law 9/11/2021 n. 156 and ss. mm. ii.
" Communication " indicates any communication from the User to the Manager through the Help menu of the APP , which can be accessed by the icon " ? "Or" Help ", or to the additional email / telephone numbers listed in the How does it work section of the APP , which can be accessed from the same menu" ? "Or from the" Help " icon of the APP.
" Framework Agreement " the lease agreement for movable property between the User and the Operator governed by the General Terms and Conditions of the Service which has as its object the provision of the Rental Service of a Device. The Framework Agreement 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 from 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 " means the identification document (identity card, passport or driving license) whose references have been provided or the copy of which has been acquired, in whole or in part, upon registration and acceptance of the Conditions General of the Service and the 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 Operating 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 blocking of a Scooter or a Mobility Scooter and / or the electro-mechanical blocking of a Bicycle and / or the blocking of the retention present in the electric charging stations associated with the Service, consequent to the correct request for the end of the Service by the User or also to the termination of the Contract by the Operator due to breach of contract by the User.
“ Device ID ” indicates the QR Code that uniquely identifies the Device. The ID of the Scooter and Mobility Scooter 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 (eg. 1, 2, 3, 4, ...) or identified with a nick name (eg. UGO 1, UGO 2, UGO 3 ...,) by means of stickers applied on the Devices themselves.
“ Kit Kids ” 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 " means the set of additional accessories that can be rented by the User through the APP or 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 the Service Request and Activation of the same, including in particular, in addition to the provisions of the Highway Code, those additional deriving from the regulations of the municipal administration of 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" means the Leasing service of a Device associated with the APP that the User will use for the duration of the Leasing Session in his own way and in compliance with the Law, as defined above, and with these General Terms and Conditions of the Service .
The User is advised that the term Rental may also be used instead of the term Location in the texts of the APP, this is necessary for mere purposes of using 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 a Start of Lease (even if the button of the APP indicates "Start of Rental") the User requests to activate a rental of furniture and then receive the Device in possession in order to be able to use it during the leasing session, thus assuming all the risks inherent in the use of the Device itself.
“ Map ” indicates the display from the Smartphone of the geo-referenced position in real time of the Devices available for the location.
" Payment method ", the payment method accepted by the Manager.
“ Scooter ”, mainly electric propulsion scooter associated with the APP subject to specific restrictions on the use of the Highway Code or even municipal regulations that the User is required to know.
“ Mobility Scooter ”, a four-wheeled electric sanitary device associated with the APP subject to specific restrictions on the use of the Highway Code, being equated to a pedestrian with admissible use within the limits of admissible behavior for a pedestrian.
“ Rent a Vehicle ” (“Instant-booking”) is the service that allows the User to immediately start a rental session when at a Device. On the main screen of the APP, 3 buttons appear: "Search 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 Rate and requests acceptance of the Rate and General Terms and Conditions of the Service. With acceptance, the Device unlocks in favor of the User.
" Parking Area " indicates the area in which the User is entitled to conclude the Leasing Session in accordance 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 case of full service of stations:
In the hypothesis of free-flow service:
the User performs the same actions referred to in point (ii) above.
The incorrect positioning of the Device within the Parking Area makes it impossible to close the Lease Session, with consequent continuation of the pricing of the Service. The User is required to verify the correct conclusion of the Leasing Session in the APP:
" Pause " indicates the period of time during which the User makes a stop during the Rental Session. The Pause begins : for the Bicycle, by closing the locking mechanism of the rear wheel; for the Scooter or Mobility Scooter by pressing the "lock" button in the APP. The Pause ends : for all Devices, Bicycle, Mobility scooter, Scooter by pressing the "Unlock" button in the APP. During the Break, the Lease Session remains active with application of the Tariff, unless otherwise indicated in the Tariffs section of the APP , which can be accessed from the menu “ ? "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 penalties applicable as a special discipline if appropriately communicated in the Rates / Fleet / ComeFunziona section of the APP, for which the User is required to pay 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 rules of the Service specified in the Rates / Fleet / How it works section of the APP , which is accessed from the menu “ ? "Or from the" Help " icon of the APP. The penalties do not exclude the compensation of 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.
" Tariff Plan " indicates the summary document of the pricing methods of the Service published in the Tariffs section of the APP , which can be accessed from the same menu " ? "Or from the" Help " icon of the APP.
" 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 a Vehicle", "Rent a Vehicle", "Book".
Clicking “Book” opens the screen indicating the places of the Service where you can book the Device. By selecting the Place (eg Piazza Libertà) the screen allows you to select the type of Device (eg E-Bike, E-MTB, scooter, mobility scooter) and then “Choose the Dates” .
It is also possible to make a multi-day booking. Once completed, the APP summarizes the booking data: Location Starting Point from which to pick up the Device, Device type, Location Start Date, Location End Date, Reservation Cost. If the data are correct by clicking "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 Lease Start day until 24.00 on the Lease End day. At 00.01 on the rental start day, the APP will inform the user about the assigned Device ID. When the User is at the Device, just click 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, on which the tariff credits pre-purchased by the User through the Payment Card are credited and from which the credits consumed are deducted .
“ QRcode ” is a two-dimensional barcode composed of black modules arranged within a white square pattern. The Qrcode is used to store and return to the User information relating to the rental service, eg. the Device ID, eg. access to the Landing Page of the Service.
" Parking Rules " (hereinafter "Park Policy") represent the rules to which the user is obliged to observe whenever he parks the Device during a Break or at the end of the Lease session. The Operator can adopt different Park Policies for each fleet of Devices, indicating them in the Fleet section of the App , which can be accessed from the “ ? "Or from the" Help " icon of the APP.
" Service " means the Leasing service as defined above.
" Customer Service " indicates the assistance to the User with the methods specified in the "?" or from the "Help" icon of the APP.
" Lease Session " indicates the time lapse between the Start of the Lease and the End of the Lease.
" Smartphone " means the smartphone, or even a tablet, necessary for the User to access the App.
" Charging station " is the automated vending machine associated with the APP for self-service rental and electric charging of certain Devices.
" Tariff " means the consideration due to the Operator by the User for the possession of the Device in the Lease Session. Payment for the service is required for mobile web payments by charging the Payment Card. The Tariff can be per consumption, daily, the payment can be prepaid in scale or progressive, according to the Service Tariff Plan published in the "Rates" section of the APP which is accessed from the "?" or from the "Help" icon of the APP.
" Plate " indicates any alpha-numeric code attributed to the single Device.
" User " means the natural person authorized to use the Service
2.1 The Service has as its object the leasing to the User of a Device to be used in compliance with the Law and the General Terms and Conditions of the Framework Agreement against payment of the Service Fee.
2.2 Access to the Service is subject to the User's registration to the App by means of a compatible IOS / Android Smartphone and an active data connection.
2.3 Upon registering on the App, the User expressly declares to unconditionally adhere to these General Terms and Conditions of the Framework Agreement and to undertake to comply with them promptly.
2.4 The registration to the Service does not imply any obligation for the User to activate a leasing session nor does it give the User the right to request the provision of the Service to the Manager which no guarantee assumes 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 / Complaints / Claims are shown in the "How does it work" section of the APP , which can be accessed from the " ? "Or from the" Help " icon of the APP.
2.6 The Rate Plan, the Hourly Plan, the Service Payment Cards are listed in the "Rates" section of the APP , which can be accessed from the " ? "Or from the" Help " icon of the APP.
2.7 The Location Start Points and End Location Points, the type of Devices, the Operational Area of the Service are listed in the “Fleet” section of the APP , which can be accessed from the “ ? "Or from the" Help " icon of the APP.
2.8 The Operator 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. Thus, any 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 of the Rates in force at the time of the request.
3.1. To register for the Service, the age of majority is always required.
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 understood and fully accepting their content.
3.4 The User expressly acknowledges that, once the registration has been hesitated, no further expression of consent or declaration of acceptance could be requested from 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 for access to the Service.
3.5 The Operator reserves the right to request the User to provide proof of his identity and to suspend the User's registration in the event that the data provided does not appear to be consistent.
3.6 The Operator reserves the right, however, to verify at any time the veracity of the documentation provided by the User during registration, also by accessing documents with the competent administrative authorities, reserving the right to suspend the Account or cancel it in any case of falsehood, 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 will be debited via mobile web payment.
In relation to each Fleet, the Operator reserves the right to admit only certain types of Payment Cards (e.g. credit cards, bank-only debit cards) 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 data of the Payment Card provided by the User are 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 about their management and safety.
3.8 The right to refuse the registration of an Account or to suspend or deactivate an Account is left to the sole discretion of the Manager.
4.1 Each User may register only one Account.
4.2 The Account is personal and not transferable to third parties. The Leased Device may be entrusted by the User to the minor child who is at least 14 years old and provided that the aforementioned minor is authorized to drive the Device by the law in force at the time of the Lease Initiation. The Account Holder User, 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 Lease Session.
4.3 The email address and password making up the User Account must not be shared with other subjects and stored 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 an unauthorized use of the Account by third parties, because the Manager can provide for the deactivation of the Account and the assignment of a new Account.
4.5 The User is responsible for all activities related and / or connected and / or consequent to the Service that take place on his / her Account, also as a consequence of an unauthorized use of the same.
4.6 The Operator reserves the right to provide the User's data to the public security 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 at a Device.
On the main screen of the APP, 3 buttons appear: "Search 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 Rate and requests acceptance of the Rate and General Terms and Conditions of the Service. With acceptance, the Device unlocks in favor of the User.
5.3 " Search a Vehicle " (" Fast-booking ") is the service that allows the User to search and book a Device to be rented at the moment.
On the main screen of the APP, 3 buttons appear: "Search 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.
Clicking on the icon of the desired device activates the "Book" button.
Clicking “Book” opens the screen indicating: (i) the distance from the Location Starting Point; (ii) the Device ID; the ID of the Retention Station; (iv) the remaining time of validity of the reservation. Once the time has elapsed, the reservation is automatically canceled and the APP returns to the main screen.
Upon arriving at the Device in good time, the User clicks on the "Start Rental" button .
The APP opens a summary box of the Rate and requests acceptance of the Rate and the General Terms and Conditions of the Service. With acceptance, the Device unlocks 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 a Vehicle", "Rent a Vehicle", "Book".
Clicking “Book” opens the screen indicating the places of the Service where you can book the Device.
By selecting the Place (eg Piazza Libertà) the screen allows you to select the type of Device (eg E-Bike, E-MTB, scooter, mobility scooter) and then “Choose the Dates” .
It is also possible to make a multi-day booking.
Once completed, the APP summarizes the booking data: Location Starting Point from which to pick up the Device, Device type, Location Start Date, Location End Date, Reservation Cost.
If the data are correct by clicking "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 Lease Start day until 24.00 on the Lease End day. At 00.01 on the rental start day, the APP will inform the user about the assigned Device ID. When the User is at the Device, just click 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 on the App for the Scooter or Mobility Scooter and / or by closing the locking mechanism of the rear wheel for the Bicycle.
The User expressly undertakes to park the Device only in the permitted places and in compliance with the law, with municipal regulations, with the regulations of managers of public or private areas.
During the Break, the Lease Session remains active with application of the Tariff, unless otherwise indicated in the Tariffs section of the APP , which can be accessed from the menu “ ? "Or from the" Help " icon of the APP.
The Pause ends for all Devices, Bicycles, Mobility scooters, Scooters by pressing the "Unlock" button in the APP.
5.6 To correctly conclude the Leasing Session:
The incorrect positioning of the Device within the Parking Area makes it impossible to close the Lease Session, with consequent continuation of the pricing of the Service. The User is required to verify the correct conclusion of the Leasing 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 contract for the rental of movable property and with possible payment of the Service in cash or by debit / credit card.
5.8 In some Operational Areas and / or on the occasion of particular events, the rental of movable property may concern not only the Devices but also accessories (Kit Kids - Kit Accessories). The rental of the latter will be regulated by specific regulations, through an automated cabinet (Locker) or even at 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 APP "Help" icon.
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 may be conducted only by Users of legal age, except for access to the service by Enabled Minors as defined in the above article 4.11, who have reached the age of fourteen provided that in compliance with all 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 time the Lease is initiated until the correct conclusion of the Lease Session, including the time periods in which the Device is in a Paused condition. Any administrative sanction 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 Leasing Session and also for any damage caused to himself and to things or animals owned by him in consequence of the use he makes of the Device during the Leasing Session.
6.5 The User declares from now on, expressly obligating himself, to hold harmless and indemnified by the Manager and also the company (s) and / or Entities holding the property and / or management rights in 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 User's conduct during the Lease Session.
6.6 The User undertakes to immediately notify the Operator of any eventual loss occurring during the Leasing Session, meaning any event that may entail 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 "?" or the "Help" icon of the APP. Failure to report the accident entails the right of the Manager and also of the Public Administration and / or of the companies and / or entities that own the property and / or management rights in the areas affected by the Service to proceed against the User for the compensation for any damage that may result from the aforementioned lack of information, by way of example only, damage to image, damage from loss or reduction of industrial / commercial chances, etc.
6.7 The theft or loss of any RFID Card to access the Rental Service - must be immediately reported by the User to the Claims Service Manager indicated in the "?" or the "Help" icon of the APP. The complaint is intended to relieve the User of costs and any responsibility for the use of the Service by third parties. The issue of a new RFID Card has a cost to the User of € 5.00 plus any shipping costs. By accepting these General Terms and Conditions of the Service, the User expressly authorizes the Operator to apply the aforementioned penalty and to pay it by charging the Payment Card communicated when registering the User Account.
6.8 The User acknowledges that the Service may be subject to limitations of use with Start and End of Lease times and therefore undertakes the obligation to return the Device to the End of Lease Points within the Service Hours indicated in the "Rates" section of the APP accessed from the "?" or the "Help" icon of the APP. Failure to return the Device by the End of Lease time determines the automatic application of the penalties listed in the same "Rates" section of the APP. By accepting these General Conditions of the Service, the User expressly authorizes the Manager to apply the Penalties and to pay them by charging the Payment Card communicated when registering the User Account.
6.9 The User undertakes to carry out any behavior that the good father of a family would adopt to avoid the theft of the Device. The User assumes an 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 place where the Device is parked if, during the Pause function, the alarm should sound. sound of the anti-theft or even if it should receive a push notification of the anti-theft alarm on the smartphone. The User therefore undertakes to keep his / her smartphone active appropriately in order to immediately detect the aforementioned alarms and to implement any behavior imposed by custody and ordinary diligence. The User expressly acknowledges that a behavior contrary to the aforementioned obligations may result in the User's liability, including compensation, in the event that the Device is stolen.
6.10 The User undertakes to immediately report the theft of the Device by reporting it to the Claims Service indicated in the epigraph and to the Public Security Authority, with transmission to the Manager of the related report.
6.11 The User is always responsible for the failure to return 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 lump sum penalty of € 2000.00. for the Mobility Scooter and the Bicycle and € 800.00 for the Scooter. The User therefore undertakes to immediately communicate the aforementioned event to the Claims Service and also to the Public Safety Authority, with transmission to the Manager of the related report. By accepting these General Conditions of the Service, the User expressly authorizes the Manager to apply the penalty and pay it by charging the Payment Card communicated when registering the User Account.
6.12 The lack of a correct End of the Lease of the Device in the 24 (twenty-four) hours following the Start of the Lease and the concurrent lack of a communication to the Customer Service or to the Complaints Service or to the Claims Service, unless the omissive fact does not derive from causes of force majeure or other impediment certified by a public authority, are equivalent to the loss or loss of the Device pursuant to the above article 6.9.
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, a Scooter or a Mobility Scooter and that, therefore, even if the Manager had also considered to voluntarily activate certain coverage insurance for civil liability towards third parties, in no case the coverage itself 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 possession of the User.
6.14 Any 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 it, unless the communication of an accident is not possible due to fact not attributable to the User, for example loss of knowledge. The User is in any case obliged to remain in the place of the event / accident as long as he does not receive adequate instructions from the Customer Service, Complaints Service, Claims Service and in no case may he abandon the Device, unless he has to leave the place of the accident. for reasons of urgent medical attention.
7.1 The Operator undertakes to keep the Devices safe and in a good state of maintenance.
7.2 The User acknowledges, renouncing 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 malfunctioning of the connection to the User's Internet network. and / or the Manager; interruptions due to natural disasters (eg earthquakes or floods) or causes of force majeure (eg strikes, lockouts) or other causes not dependent on the Operator or due to the fact of the third party (eg vandalism).
7.3 The Operator is liable only for direct damages deriving to the User and / or possibly to third parties or to things that are a direct consequence of a construction defect or even of malfunctioning of the components of the Devices within the limits in which the damage, if consequent to the malfunction, has been intentionally caused or caused by the Operator's negligence, with the express exclusion therefore of any malfunction resulting from tampering with the components of the Devices.
7.4 The Manager will digitally record any report and / or complaint, including from third parties with respect to the User; it will deepen and verify the content by carrying out appropriate research and then will resolve the case by providing appropriate feedback and adopting the necessary measures to correct - if necessary - any procedures and / or actions.
8.1 The Rates applied to the Lease 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 said “Rates” section of the APP and to have accepted the indicated rate plan.
8.3 The Operator reserves the right to change the tariff plan of the Service without prior notice. The Operator, at the time of each rental request, however, expressly requests the User to accept the Service Rate and also the General Terms and Conditions of the Service.
8.4 The tariff plan in force at the time of booking the rental session of the Device is always applied to bookings on a certain date.
8.5 The Rates may also be published on the Landing Page dedicated to the Service or on other information supports. In case of discrepancy, the Rate published in the "Rates" section of the APP always prevails, which can be accessed from the "?" 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, made by the User upon registration of the Account, has as its object exclusively the payment of the "Rate" of the Service and the possible payment of Penalties if provided for in these Terms and Conditions General of the Service.
8.8 Any disputes by the User regarding the correctness of the amounts charged must be notified by registered letter with return receipt within 30 days from the debit of the disputed amount.
8.9 In the case of a Prepaid Rate, the User's credit is non-refundable, transferable, transferable, and donable; It does not expire and can be used exclusively for the payment of the rental sessions.
9.1 The User can withdraw from the contractual relationship with the Manager at any time, by notifying it by requesting the 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 for non-fulfillment by the User, without prejudice to the right to compensation for any damage to the Device, and / or to the Operator's infrastructures, 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 damage resulting from the User's behavior, in any case damages the image of the Manager, disturbs the performance of the Service, affects the contractual relationship with third parties such as municipal administrations, managers of public or private areas, contracting authorities.
9.4 The Operator is not required to individually communicate the suspension and / or termination of the Service, as the unavailability of the Devices can be detected by the APP itself.
9.5 The Manager is attentive to the needs of the User and makes every effort to ensure that the same derives maximum satisfaction from the use of the Service. If, after the appropriate checks, anomalies are found in the service attributable to the Operator or to third parties delegated by the latter, the User is entitled to an indemnity of € 2.00 (including VAT) in any case of absolute unavailability of the regularly booked service in favor of the 'User in addition to the reimbursement of any rate paid in advance at the time of booking (with the sole exclusion of partial or total reimbursement of any subscriptions). The Manager undertakes to respond to the request within 7 working days of its transmission, crediting the compensation to the Portfolio to be used in the sharing service. Compensation is excluded if the disservice is caused by disservices caused by third parties (vandalism, etc.) or occurred due to force majeure even in the case of particular circulatory conditions, or due to lack of coverage of the data / telephone network signal not attributable to the Manager. Any communication of complaint will be sent to the email address of the Manager 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 public authorities for legal reasons or in any case their use in the context of any ascertainment necessary to verify any liability in the conduct of the '' User during the Lease Session in order to prevent or manage a dispute in any location.
10.3 The geolocation is also necessary in order to sensitize the User to a prudent and safe driving. The driving behavior data and geolocation data may therefore also be processed in order to evaluate the driving behavior of the individual User and compliance with the service regulations. The data acquired in real time are also used to inhibit use in some areas (Geofencing).
11.1 The Framework Agreement concluded with the acceptance of these General Terms and Conditions of the Service is governed by Italian law
11.2 For any dispute arising from the Framework Agreement, 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 domicile elected by the User in the territory of the Italian Republic. In all other cases, the Court of Milan will have exclusive jurisdiction.