GENERAL CONDITIONS OF ACCESS AND USE OF THESERVICE BIKE SHARING "nEw Bicimia"
(hereinafter, the "General Conditions")

Access to theservice bike sharing "nEw Bicimia"(the "Service") is subject, upon completion of the relevant activation procedure, upon acceptance of the following General Conditions.

By accepting the General Conditions, the user declares:

1. to have reached the age of majority;
2. to undertake to comply with the requirements for use of the Service listed below:
   1. he public bicycle must be used exclusively within the territory of the Municipality of Brescia;
   2. it is forbidden to transport the same by any means;
   3. the public bicycle must be collected and returned to one of the distribution points in the municipal area and returned in the same conditions in which it was collected;
   4. check the functionality of the bicycle at the time of collection and use it only if it is deemed suitable for use;
   5. at the end of each use, the public bicycle must be stored and connected to the appropriate column in order to allow its subsequent use by other users of the Service;
   6. if the rack is complete at the time of repositioning, the public bicycle must be taken to one of the free docking columns displayed on the app;
   7. it is forbidden to abandon the bicycle or the use of anti-theft cables other than those integrated into the frame of the bicycle itself; the integrated anti-theft system is to be used only for intermediate stops with respect to the movement in progress; it is understood that, even during the stops, the economic transaction will in any case remain active until the bicycle is returned according to the method indicated in point 2.5 above;
   8. the Service, active 24 hours a day, allows the use of the bicycle for a maximum of 8 consecutive hours, at the end of which the bicycle, not returned in the manner provided for in the previous point 2.5, will be considered not returned and this will be followed by reporting to competent authorities;
   9. there is no limit to the number of daily withdrawals of the public bicycle, provided that they take place in compliance with the times and provisions set out in these General Conditions;
3. to unconditionally assume the following obligations:
   1. request the release of the bicycle in their own name and be in possession of only one account in theapp provided by Brescia Mobilità SpA (here in after, “Brescia Mobilità” and / or the “Manager of the service”);
   2. to guard the public bicycle diligently;
   3. do not give the guide or the custody of the bicycle to other people: otherwise, any consequences harmful will be fully and solely attributed to the account holder;
   4. compensate for damages attributable to the careless use of the mechanical system of the service and / or of the various parts of the public bicycle, including public equipment;
   5. to drive and use the public bicycle in compliance with road traffic regulations and in compliance with the general principles of prudence, diligence and respect for the rights of others;
   6. not to claim any ownership rights on the bicycle in use;
   7. raise and release Brescia Mobilità unconditionally from any and all damage, including non-pecuniary damage, suffered by third parties (people, things or animals) during and in any case when using the public bicycle;
   8. report to Brescia Mobilità any damage to the vehicle suffered during and / or on the occasion of its use;
   9. pay Brescia Mobilità the amount necessary for the total restoration of the public bicycle damaged or destroyed by accident and / or breakage;
   10. not to tamper with any mechanical part of the public bicycle;
   11. not to use the public bicycle for cargo and / or transport and / or delivery of goods;
4. to be aware of the economic conditions of the Service indicated in the "Rates" section of theapp and to approve them unconditionally. It is also specified that:
   1. the use of theis allowedaccount until the credit expires, with a maximum overdraft equal to € 0.50 (zero / 50); in the event that the overdraft exceeds this amount, the account will be blocked;
   2. in the event of a account blocked, it is necessary to contact theservice customer care Brescia Mobilitàin order to verify the possibility of reactivating your account;
   3. the rates may be updated periodically and brought to the attention of the user by publishing them in the appropriate section "Rates" of the app; the new economic conditions will be automatically applied to the user, without the need to modify these General Conditions, and will be deemed to be known by the same at the time of publication;
5. to be aware and accept that in the event of non-compliance with the obligations set out in the General Conditions, the user is required to pay Brescia Mobilità the following amounts as a penalty, without prejudice to compensation for any greater damage caused , as well as to fulfill, without reservations, the following obligations:
   1. promptly notify the competent Authorities (Traffic Police, Carabinieri, Police Headquarters, Postal Police) of any fraudulent use of theircredentialsapp. If the user wishes to obtain a new account, he must show a copy of the report;
   2. in the event of theft of the public bicycle occurring following its hospitalization outside the special column, or improper or ineffective coupling of the bicycle to the column, the user undertakes to promptly report the theft to the competent Authorities (Traffic Police , Carabinieri, Questura) and to deliver a copy of the report to Brescia Mobilità and, in any case, to pay Brescia Mobilità the amount of Euro 1,200.00 (one thousand two hundred / 00) as a penalty. In the event that the bicycle is found in a good state of conservation within thirty days from the date of the theft, the user will be entitled to a refund of Euro 1,000.00 (one thousand / 00);
   3. in case of damage to the coupling / release system of the bicycle and / or the column caused by the user, the user must pay an amount as a penalty and partial reimbursement of the expenses to be incurred for the repair, which will be assessed by the Brescia Mobilità technical department;
   4. the request for payment of the penalties referred to in points 5.3 and 5.4 above, for findings made by Brescia Mobilità not immediately contestable by the transgressor, will be communicated in writing and / or by telephone to the transgressor;
   5. in the event of non-compliance with the request referred to in paragraph 5.5 above, the Service Manager reserves the right to temporarily or permanently block the use of the account;
6. to be aware that the personal information provided when registering for the Service for the completion of the activation procedure must correspond to the truth and refer exclusively to the user who owns theaccount;
7. to be perfectly aware of the fact that, by accepting the General Conditions, the user also accepts, without any reservation, all the rules governing the Service, as well as the provisions and clauses contained therein;
8. to be aware and expressly accept that Brescia Mobilità is not liable for:
   1. damages and prejudices of any kind suffered by the user of the public bicycle as a result of or as a consequence of such use, as well as caused to third parties (people, things or animals), following the use of the public bicycle;
   2. loss, destruction, theft or robbery of objects and / or animals on board the public bicycle used;
9. to be perfectly aware of the fact that, by accepting these General Conditions, the user raises and indemnifies Brescia Mobilità from any consequence and / or sanction regarding administrative violations committed, raised or ascribed to the user himself during, due to and in any case on the occasion of the use of the public bicycle for infringement of the rules referred to in Legislative Decree 30 April 1992, n. 285, and subsequent amendments ("New Highway Code"), as well as the decree of the President of the Republic of 16 December 1992, n. 495, and subsequent amendments ("Regulations for the execution and implementation of the new highway code"), or any other provision of law, regulation, obligation and prohibition deriving from administrative measures;
10. to be aware and accept that:
    1. for any dispute that may arise regarding the validity, execution or interpretation of the General Conditions, the Court of Brescia is exclusively competent;
    2. for hypotheses not expressly provided for and governed by the General Conditions, the rules of the Civil Code or other provisions of the law in force and regulating the matter are applied.