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 Manager
Emoby srl (hereinafter the Manager ) with registered office at via San Gregorio, 55 20124 Milan (MI), VAT number: IT07897941212
with application of the General Terms and Conditions specified below to users registered with a personal account on the mobile application:
“Sannicandro in Bici” (hereinafter the “APP ”) provided by the Manager via the Google Play Store, Apple App Store or downloadable from the Manager'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 age can request registration on the APP subject to the truthful compilation of the personal data, the prior express acceptance of these General Terms and Conditions of the Service, the Privacy Policy and the further consents required, as well as the communication of an admitted Payment Card at the service. The 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. By completing 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 through which he can request the Manager to use the Devices by activating the desired Rental Sessions in his favor. .
What is the Service Time Plan? any hourly restrictions on use and/or date-time return obligations are specified in the "Service Times" item 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 Pricing Plan? the tariff plan for 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 collection points and the points authorized for the return of the Devices are specified in the items "Lease Start Points" and "Lease End 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 Rental Session takes place, i.e. the area within whose perimeter the use of the Devices is permitted, coincides with the area included between the Rental Start Point and an authorized Rental End 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 forward 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 to the contact details specified in the "How It Works" section of the APP , which can be accessed from the “ ? ” or from the “ Help ” icon of the APP.
What are the limitations of 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 circulation on the road and/or in limited traffic areas and/or in pedestrian areas in the specific Operational Area, or those resulting from specific regulations applied in public or private areas, knowable according to the rules of common diligence. The Manager reserves the right to apply in some contexts a digital perimeter to certain areas of use, in which case the APP during the Rental Session will send an audio/textual/graphic warning of the digital perimeter to the User with an invitation to adapt their conduct driving.
What is the Device Rental Agreement? is a rental contract for movable property which for each Rental Session is finalized with the request by the User - via his/her Account - to receive the Device 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 Rental Agreement? at any time by requesting the removal of the Account in the “?” menu. or from the “Help” icon of the APP.
“ MANAGER ” is the Service Manager marginalized in the epigraph.
“ Account ” is the active user account of each User from the moment of correct registration on the APP. The User ID coincides with the email address indicated by the User upon registration.
“ APP ” indicates 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 the property of 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.
“ 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 Rental Start Point and an authorized Rental End Point of the Service, 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 route taking into account: (i) the electrical autonomy of the Device indicated on 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 circulation on the road and/or in limited traffic areas and/or in pedestrian areas in the specific Operational Area, or specific regulations adopted in public or private areas, knowable according to the rules of common diligence. The Manager reserves the right to possibly apply in some contexts 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/textual/graphic warning of the perimeter during the Rental Session digital to the User with an invitation to adapt their driving behavior. Violation of the Law and/or violation of the digital perimeter of the Operational Area by the User, who does not adapt his conduct to the warning of exceeding the limit reported by the APP, gives rise to the Manager's right to terminate this contract and to apply the penalties provided for in these General Terms and Conditions of the Service.
“ Start of the Rental ” of the Device indicates the activation of the Device Rental Service 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 unlocking 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 leasing service.
“ Payment card ” indicates each payment card owned by the User admitted by the Manager for the completion of the User's registration which can be verified 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 rent at the moment. On the main screen of the APP, 3 buttons appear: “Search for a Vehicle”, “Rent a Vehicle”, “Book”.
By clicking “Search for a Vehicle” the georeferenced map opens. Clicking on the icon of the desired device activates the "Book" button. By clicking “Book” the screen opens indicating: (i) the distance from the Rental Start Point; (ii) the Device ID; the ID of the retention station; (iv) the remaining validity time of the booking. Once the time has expired, the reservation is automatically canceled 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 the General Terms and Conditions of the Service. With acceptance, the Device is unlocked in favor of the User.
“ Highway Code ” Legislative Decree no. 285/1992, updated by Law 9/11/2021 n. 156 et seq. mm. ii.
“ Communication ” indicates any communication from the User to the Manager via the Help menu of the APP , which can be accessed from the “ ? ” 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 contract ” is the movable property rental contract between the User and the Manager regulated by the General Terms and Conditions of the Service which has as its object the provision of the Device rental Service. The Framework Contract ends with acceptance of the General Terms and Conditions of the Service and completion of 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 further relevant and ancillary services.
“ Device(s) or also Vehicle(s) indicates a scooter, a mobility scooter, a bicycle associated with the APP.
“ Identity document ” indicates the identification document (identity card, passport or driving license) whose references will have been provided or whose copy will have been acquired, totally or partially, upon registration and acceptance of the Conditions General of the 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 Rental ” means the final moment of provision of the Device Rental Service to the User through the electronic locking of a Scooter or a Mobility Scooter and/or the electro-mechanical locking of a Bicycle and/or the locking of the locking mechanisms retention present in the electric charging stations associated with the Service, following the correct request for the end of the Service by the User or even the termination of the Contract by the Manager due to contractual breach by the User.
“ Device ID ” indicates the QR Code that uniquely identifies the Device. The ID of the Scooter and the Mobility Scooter is the QR Code present respectively on the handlebars or in a visible and accessible point of the Mobility Scooter, the ID of the bicycle is displayed on the rear wheel locking mechanism, possibly also on the front part 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 via the APP or the assistance of a Courtesy or Info Point operator.
“ Law ” indicates any legislative and/or regulatory provision applicable to the Service at the time of Request for the Service and Activation of the same, in particular including, in addition to the provisions of the Highway Code, those further deriving from the regulation of the municipal administration of discipline and governance of the the use of the Device in the Operational Area that the User is required to know by applying common diligence.
“Lease” indicates the Rental service of a Device associated with the APP that the User will use for the duration of the Rental Session in its own manner and in compliance with the Law, as defined above, and these General Terms and Conditions of the Service .
The User is advised that instead of the term Rental in the texts of the APP the term Rental may also be used, this is necessary for the mere purpose of resorting to common language. It is well understood that with the acceptance of these General Conditions and Terms of the Service and upon each request to Start Rental (even if the APP button indicates "Start Rental") the User requests to activate a rental of furniture and therefore receive the Device in order to be able to use it during the rental session, thus assuming all the risks inherent to 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 permitted by the Manager.
“ Scooter ”, a predominantly electric propulsion scooter associated with the APP subject to specific restrictions on use of the Highway Code or even municipal regulations that the User is required to know.
“ Mobility Scooter ”, a four-wheeled electric health 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 behavior 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”.
By clicking "Rent a Vehicle" the SCAN opens to view the QRCODE associated with the Device. Once the QRCODE has been acquired, the User clicks on the "Start Rental" button . The APP opens a Tariff summary box 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 accordance with the Park Policy.
“Park Policy” indicates the rules that the User must comply with to correctly conclude the Rental Session.
In the case of a complete station service:
In the case of Free Flow Service:
the User carries out 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 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 period during which the User pauses during the Rental Session. The Pause begins : for the bicycle, 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 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 ” indicates the general penalties provided for in the General Terms and Conditions of the Service, and any additional penalties applicable as special regulations if appropriately communicated in the Tariffs/Fleet/How It Works section of the APP, the payment of which the User is required to pay. added to the payment of the fee 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 regulations of the Service explained in the Tariffs/Fleet/How It Works section of the APP, which can be accessed from the “ ? ” or from the “ Help ” icon of the APP. The Penalties do not exclude the 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 the 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.
“ Reservation ” (“longterm-booking”) is the service that allows the User to book a rental session on a certain date (e.g. 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 indicating the places of the Service where you can book the Device. By selecting the Location (e.g. Piazza Libertà) the screen allows you to select the type of Device (e.g. E-Bike, E-MTB, scooter, mobility scooter) and then "Choose the Dates" .
It is also possible to make a multi-day booking. Once the compilation is completed, the APP summarizes the booking data: Rental Start Point at which to collect the Device, type of Device, Rental Start Date, Rental End Date, Booking Cost. If the data is 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 day of Rental Start until 12.00 on the day of Rental End. At 00.01 on the day of the Rental Start, the APP will inform the user about the ID of the assigned Device. When the User is at the Device, simply click the "Start Rental" button and the Device will be unlocked for the User.
“ Virtual wallet ”, also called “wallet”, is the User's virtual account, linked to the Account, to which the fare credits pre-purchased by the User using 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-shaped pattern. The QR code is used to store and return to the User information relating to the rental service, e.g. the Device ID, e.g. access to the Landing Page of the Service.
“ Parking Rules ” (hereinafter “Park Policy”) represent the rules that the user is required to comply with every time he parks the Device during a Break or at the end of the Rental session. The Manager can adopt different Park Policies for each fleet of Devices by indicating this in the Fleet section of the App , which can be accessed from the " ? ” or from the “ Help ” icon of the APP.
“ Service ” means the Rental service as defined above.
“ Customer Service ” indicates assistance to the User in the manner specified in the “?” menu. or from the “Help” icon of the APP.
“ Tenancy Session ” means the time period between the Start of the Tenancy and the End of the Tenancy.
“ Smartphone ” indicates the smartphone, or even a tablet, needed by the User to access the App.
“ Charging station ” is the automated distributor associated with the APP for self-service rental and electric charging of certain devices.
“ Fee ” indicates the fee due to the Manager by the User for holding the Device in the Rental Session. Payment for the service is required via mobile web payment with debit on the payment card. The Tariff can be based on consumption, daily, payment can be prepaid in installments or progressively, according to the Tariff Plan of the Service published in the “ Tariffs” section of the APP which can be accessed from the “?” menu. or from the “Help” icon of the APP.
“ Plate ” indicates any alpha-numeric code attributed to the individual Device.
“ User ” means the natural person authorized to use the Service
2.1 The Service has as its object the rental to the User of a Device to be used in compliance with the Law and the General Terms and Conditions of the Framework Contract against the payment of the Service Fee.
2.2 Access to the Service is subject to the User registering with the App using a compatible version IOS/Android Smartphone and an active data connection.
2.3 When registering on the App, the User expressly declares to unconditionally adhere to these General Terms and Conditions of the Framework Contract and to undertake to promptly comply with them.
2.4 Registration for the Service does not imply any obligation for the User to activate a rental session nor does it give the User the right to request the provision of the Service to the Manager who 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 Assistance/Complaints/Claims requests/communications are shown 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 Time 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 Rental Start Points and Rental End Points, the type of Devices, the Operational Area of the Service 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, any new request to Start the Rental 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 in which the Service is performed.
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 its contents.
3.4 The User expressly acknowledges that, once registration has been completed, no further expression of consent or declaration of acceptance may be requested from him/her 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 request the User to provide proof of his identity and to suspend the User's registration if the data provided does not appear to be consistent.
3.6 The Manager reserves, however, the right to verify at any time the veracity 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 in any case of mendacity, with reporting of the incident if 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 using mobile web payment methods.
In relation to each Fleet, the Manager reserves the right to admit only certain types of Payment Card (e.g. credit cards, bank-only debit cards) and to exclude others (e.g. pre-paid cards) or from certain circuits. The Payment Cards accepted for each Fleet can be consulted in the “Tariffs” 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 Manager but to the provider of mobile web payment services, indicated under 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 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 Device subject to the Lease may be entrusted by the User to his 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 Start of the Lease. The User who owns the Account, parent of the minor, assumes full and unconditional responsibility for any damage, for whatever reason or title, the minor may 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 parties and stored adequately 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 deactivate the Account and assign a new Account.
4.5 The User is responsible for all activities relating to and/or connected and/or consequent to the Service that occur on their Account, including 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 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 he is at a Device.
On the main screen of the APP, 3 buttons appear: “Search for a Vehicle”, “Rent a Vehicle”, “Book”.
By clicking "Rent a Vehicle" the SCAN opens to view the QRCODE associated with the Device. Once the QRCODE has been acquired, the User clicks on the "Start Rental" button .
The APP opens a Tariff summary box 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 book a Device to rent at the moment.
On the main screen of the APP, 3 buttons appear: “Search for a Vehicle”, “Rent a Vehicle”, “Book”.
By clicking "Search for a Vehicle" the georeferenced map opens which shows the Devices with an indication of their respective battery charge level.
Clicking on the icon of the desired device activates the "Book" button.
By clicking “Book” the screen opens indicating: (i) the distance from the Rental Start Point; (ii) the Device ID; the ID of the retention station; (iv) the remaining validity time of the booking. Once the time has expired, the reservation is automatically canceled 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 the General Terms and Conditions of the Service. With acceptance, the Device is unlocked in favor of the User.
5.4 “ Reservation ” (“longterm-booking”) is the service that allows the User to book a rental session on a certain date (e.g. 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 indicating the places of the Service where you can book the Device.
By selecting the Location (e.g. Piazza Libertà) the screen allows you to select the type of Device (e.g. E-Bike, E-MTB, scooter, mobility scooter) and then "Choose the Dates" .
It is also possible to make a multi-day booking.
Once the compilation is completed, the APP summarizes the booking data: Rental Start Point at which to collect the Device, type of Device, Rental Start Date, Rental End Date, Booking Cost.
If the data is 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 day of Rental Start until 12.00 on the day of Rental End. At 00.01 on the day of the Rental Start, the APP will inform the user about the ID of the assigned Device. When the User is at the Device, simply click the "Start Rental" button and the Device will be unlocked for the User.
5.5 The User can Pause the Rental Session simply by clicking the “Lock” button on the App for the Scooter or Mobility Scooter and/or by closing the rear wheel lock mechanism for the Bicycle.
The User expressly undertakes to park the Device only in permitted places and in compliance with the Law, municipal regulations, and the regulations of managers of public or private areas.
During the Break, 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, Scooter by pressing the "Unlock" infographic button in the APP.
5.6 To correctly conclude the Rental Session:
The 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 certain 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 charged to your credit/debit 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 (Kids Kit - Accessories Kit). The rental of the latter will be regulated by specific regulations, via an automated locker (Locker) or even at a Courtesy/Info Point with the assistance of an operator. The rental rates for the aforementioned Kits will be published in the Rates section of the APP, which can be accessed from the “?” menu. 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 for by the Manager.
6.1 By accepting these General Terms and Conditions of the Service, the User expressly undertakes:
6.2 The Devices covered by the Service can only be operated by Users of legal age, except for access to the service by Authorized Minors as defined in article 4.11 above, 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 obliged 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 moment of the Start of the Rental until the correct conclusion of the Rental Session, including the time periods in which the Device is in Pause condition. Any administrative sanction resulting from the Use of the Device imposed by the competent authorities will be borne entirely by the User, including any additional costs and/or charges.
6.4 The User is exclusively responsible for all direct and indirect damages caused to third parties (people, things and animals) during the Rental Session and also for any damage caused to himself and to things or animals owned by him in consequence of your use of the Device during the Rental Session.
6.5 The User hereby declares, and expressly undertakes to do so, to indemnify and hold harmless the Manager and also the company(s) and/or entities holding ownership and/or management rights in the areas affected by the Service from any liability , action, reason and/or claim of third parties as a consequence of facts attributable to the User's conduct during the Rental Session.
6.6 The User undertakes to immediately notify the Manager of any accident occurring during the Rental Session, meaning any event that may lead to a third party claim 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 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 company(s) and/or entities holding ownership 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 the 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 Manager at the Claims Service indicated in the “? ” menu . or the “Help” icon of the APP. The purpose of the complaint is to relieve the User from costs and any liability for the use of the Service by third parties. The issuing of a new RFID Card has a cost borne by the User of €5.00 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 at the time of Registration of the User Account.
6.8 The User acknowledges that the Service may be subject to limitations of use with Start and End of Rental times and therefore assumes the obligation to return the Device to the End of Rental Points within the Service Time indicated in the "Rates" section of the APP which can be accessed from the “?” menu . or the “Help” icon of the APP. Failure to return the Device by the End of Rental time will result in the automatic application of the penalties reported in the same "Rates" section of the APP. By accepting these General Conditions of Service, the User expressly authorizes the Manager to apply the Penalties and pay them by debiting the Payment Card communicated at the time of Registration of the User Account.
6.9 The User undertakes to implement every behavior that a good father of a family would adopt to avoid the theft of the Device. The User assumes the express obligation to always lock the padlock 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 sounds alarm sound or even if you receive an anti-theft alarm push notification on your smartphone. The User therefore undertakes to keep his smartphone appropriately active in order to immediately detect the aforementioned alarms and to implement any behavior required by custody and ordinary diligence. The User expressly acknowledges that behavior contrary to the aforementioned obligations may result in the User being liable for compensation in the event of theft of the Device.
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 of the relevant report to the Manager.
6.11 The User is always responsible for failure to return the Device, for any case of loss or loss of the Device, if other than negligent theft and therefore agrees to compensate the Manager for the loss or loss of the Device with a flat-rate penalty of €2000.00 for the Mobility Scooter and for 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 Security Authority, with transmission of the relevant report to the Manager. By accepting these General Conditions of Service, the User expressly authorizes the Manager to apply the penalty and pay it by debiting the Payment Card communicated at the time of Registration of 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 the Complaints Service or 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 damages caused by the driver of a Bicycle, a Scooter or a Mobility Scooter and that, therefore, even if the Manager had considered voluntarily activating certain coverage insurance for civil liability towards third parties, in no case would the same coverage exclude the compensation liability of the User and in no case could it be extended to cover damages suffered by the User, or by things in the possession of the User.
6.14 Each communication/report obligation 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 due to 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 the Customer Service, Complaints Service, Claims Service and in no case will he be able to abandon the Device, unless he has to leave the site of the accident for reasons of urgent medical treatment.
7.1 The Manager undertakes to keep the Devices in a safe state and in a good state of maintenance.
7.2 The User acknowledges, renouncing to raise any exception and/or dispute, that a Rental Session Request may not be activated by the Manager for reasons beyond his 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 (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 act of a third party (e.g. act of vandalism).
7.3 The Manager is responsible only for direct damages arising to the User and/or possibly to third parties or to things which are a direct consequence of a manufacturing defect or even malfunctioning of the components of the Devices to the extent that the damage, if consequent to the malfunction, whether caused intentionally or 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 those of third parties with respect to the User; will investigate and verify the content by carrying out specific research and will then 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 Rental Session are exclusively those published in the "Rates" section of the APP which can be accessed from the "?" menu. 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 "Tariffs" section of the APP and to have accepted the indicated tariff plan.
8.3 The Manager reserves the right to change the price plan of the Service without notice. However, at the time of each rental request, the Manager expressly requests the User to accept the Service Price and also the General Terms and Conditions of the Service.
8.4 For reservations with a certain date, the price plan in force at the time of booking the Device rental session always applies.
8.5 The Rates may also be published on the Landing Page dedicated to the Service or on other information media. In case of 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 Every amount indicated in the "Rates" section of the App always includes VAT.
8.7 The authorization to pay by Payment Card, given by the User when registering the Account, has as its sole purpose 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 and non-donable; it does not expire 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 communicating this via the request to deactivate the Account in the “ ? ” 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 non-compliance 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 recognizes that the violation of the General Terms and Conditions of the Service, in addition to the damages 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 Manager is not required to communicate individually 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 User's needs and works to ensure that he/she derives maximum satisfaction from using the Service. If, after appropriate checks, anomalies are found in the service attributable to the Manager or third parties delegated by the Manager, the User is entitled to compensation of €2.00 (VAT included) in any case of absolute unavailability of the service regularly booked in favor of the 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 respond to 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 disruption is caused by disruptions caused by third parties (acts of vandalism, etc.) or occurred due to causes of force majeure even in the case 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 with the Service is 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 the 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 assessment 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 raise the User's awareness of prudent and safe driving. The driving behavior data and geolocation data may therefore also be processed for the purpose of evaluating 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 domicile elected by the User will have exclusive jurisdiction. User in the territory of the Italian Republic. In all other cases the Court of Milan will have exclusive jurisdiction.