I AGREEMENT CONDITIONS AND RULES
The customer/user expressly intimates that he/she has inspected and tested the electric bicycle with pedal assist system and deems it to be in excellent general condition and perfectly functional in all of its parts, as stated in the separate form documenting the inspection of the vehicle and signed by the rental company.
To rent a bicycle with pedal assist system, the user must first provide Urban Bikery srl with a valid identity document and conclude the agreement.
Use of the bicycle is predicated on the physical fitness and technical skill of the intended user. Consequently, the user, by renting the bicycle, expressly intimates – personally and, where appropriate, on behalf of his/her minor child – that he/she – and, where appropriate, his/her minor child – enjoys/enjoy adequate good health and physical condition and has/have the appropriate technical skill, without any reservations thereto.
The user intimates that he/she is aware of the risk and hazards associated with the use of an e-bike in travelling on the various types of roads that may be encountered, including unpaved and stone surfaces, steep grades and uneven terrain (forest roads and single trails), and accepts all dangers inherent in this activity, whether manifest or not evident, including injuries, which are among the risks associated with the use of electric and non-electric bicycles. The user further intimates that he/she is aware of the dangers posed by traffic and meteorological conditions associated with the use of the e-bike.
The undersigned user also expressly accepts that any personal injury, death or loss of personal property that may result from proper or improper use of the rented e-bike are and do fall within his/her full personal responsibility, without prejudice to the possibility of taking action against third parties unconnected with this relationship. The undersigned user also hereby agrees, on his/her own account and on behalf of his/her assignees in any capacity, such as heirs, executors, administrators or representatives in the event of his/her incapacitation or death, to waive irrevocably and secure Urban Bikery Srl against all liability claims that may result from injuries, death or damages ensuing from the use of the rented electric bicycle.
The assumption of the risks set out in clauses 2 and 3 extends to and for any minor children listed on this form, and the user/contracting party assumes all related liability on their behalf.
The bicycle is to be used solely as a means of transport and is to be treated with care, good sense and diligence, so as to prevent damage to it or its accessories. The bicycle may not be used for commercial purposes or ceded to third parties for their use.
The user is responsible for the electric bicycle until it is returned to the rental company. The user is also responsible for damages caused to the bicycle, third parties and property during the use of the vehicle. No form of compensation may be sought from the rental company. The user is required to abide by the Traffic Code. Urban Bikery srl cannot be held liable for improper use of the vehicle or failure to comply with the Traffic Code.
The rental company may perform inspections of users during the use of the bicycles and demand that they be returned if it determines that a vehicle is being used improperly. The rental company may refuse to rent to persons in a state of inebriation or under the effect of narcotic substances, and for other reasons, at its absolute discretion.
In the event of the loss of keys or bicycle accessories or damage to the vehicle, Urban Bikery srl shall demand from the customer the sum necessary to restore the vehicle to its original condition, according to the above price list and the estimate to be obtained by the rental company. In the event of theft of the bicycle, the user shall pay the rental company the fixed compensation of €2,000.00, inclusive of the loss of the asset, where used.
The bicycle must be returned according to the schedule indicated, to the same place from which it was rented. The bicycle shall only be considered returned if it is delivered directly to the rental company. Parking the electric bicycle outside the rental location while it is closed shall not be considered to constitute returning the bicycle. Failure to return the bicycle without prior notice or otherwise without justification in exceptional circumstances shall be considered as theft and thus reported to the police.
The user may request that Urban Bikery Srl collect the bicycle from another location, for various reasons. The cost of this service is stated in price list no. 2. The rental company is not required to provide this service and failure to provide it therefore shall not be deemed non-fulfilment. It is in the interest of the company to collect the bicycle and only temporary contingencies may make it impossible to provide the service.
The user may make the payments specified in this agreement from the commencement of the rental until he/she closes out the rental agreement. Payments may be made in cash or by credit card, debit card or PayPal. The user shall also pay any charges for damages to the e-bike and/or its accessories or total or partial theft, which Urban Bikery Srl is expressly authorised to collect by debiting the credit card used to pay for the rental.
In the event of the theft of the electric bicycle, the user shall provide a copy of the complaint filed with the competent authorities and pay the amount equal to the value of the stolen bicycle (see Art. 9 and price list no. 3), which shall be returned to him/her if the vehicle is found or recovered, less the sum necessary to repair the bicycle, if it is found damaged after being stolen.
The provisions of the Italian Civil Code shall apply to all aspects of the relationship between the parties not expressly provided for in this agreement. The Court of Siena shall have jurisdiction over any disputes between the parties.
Pursuant to Articles 38 and 47 of Italian Presidential Decree no. 445 of 28.12.2000, and being aware of the criminal and other consequences for untruthful declarations as set out in Articles 75 and 76 of that same Italian Presidential Decree, I hereby CONFIRM that I have read the rental price lists, services and compensation for damages set out above. I DECLARE that I have thoroughly and completely reviewed all of the contents of this agreement, without any exceptions, and that I have specifically read all the terms and conditions of this document, which I accept unconditionally and without reservation, including those, for example, concerning the consequences for the renter in the event of injury to himself/herself during the use of the bicycle, damage to the rented bicycle, to third parties and to property and the exemption from liability extended to
the operator/rental company.
NOTICE PURSUANT TO ARTICLES 7, 13 ET SEQ. OF ITALIAN LEGISLATIVE DECREE NO. 196 OF 30.6.2003
The above information shall be used by this organisation in accordance with the provisions of Italian Legislative Decree No. 196/03, which governs the protection of individuals and other subjects in respect of personal data processing and for purposes closely related to the pertinent activities. Personal data is processed using manual and electronic instruments in such a way as to ensure the security and confidentiality thereof..