Bicycle Rental Terms and Conditions - Agape Bici Bicycle Rental Terms and Conditions – Agape Bici

Bicycle Rental Terms and Conditions

Pursuant to and for the effects of Articles 38 and 47 of the DPR 28.12.2000 no. 445 and aware of the consequences, including criminal penalties, provided for in the event of false declarations by Articles 75 and 76 of the same DPR, the customer declares to have:

  1. Understood that the owner of the bicycles and all of the provided equipment is Associazione Sportiva Dilettantistica Agape Bici, the owner of the bicycle and all of the accessories provided, based in Catania, Via Valle 8 – VAT number 06099210871.  The term customer refers to the customer listed on the first page of this contract agreement.
  2. Understood that the term bicycle in this agreement means the bicycles listed in this contract agreement, whether they are standard bicycles propelled only by the customer or pedal-assisted bicycles that are additionally powered by electric motors.  Additionally, the term accessories refers to all of the accessories also refers to the accessories listed in this agreement.
  3. Reviewed the rental price list, services, damage compensation, and the current regulations for the provision of this bicycle rental service which constitutes, in all respects, a legal user contract.
  4. Understood and accepted all of the contractual conditions and regulations with particular reference to the consequences incumbent on the customer in the event of damages caused during the use of the vehicle, whether they cause damage to themselves, to the rented bicycle, or to third parties, whether they be people or property.
  5. Given exemption of any and all liability to Agape Bici, pursuant to Article 1341, paragraph 2 of the Civil Code, approved in writing at the time of signing this contract.
  6. Rented the bicycles listed in this contract for themselves or on behalf of third parties and minors, for whom they assume all responsibilities.

The rental and use of the bicycle presuppose the customer’s complete and unconditional knowledge and acceptance of each of the regulations listed below along with the rental rates,  and opening and closing times of Agape Bici.

Regulations

  1. To rent a bicycle, the user must present a valid identity document at the rental location and formalize the contract. The rental is reserved for adults aged 18 or older. In the case that a minor will use the rented bicycle, the adult who rents the bicycle both gives authorization to the minor and must provide ongoing in-person supervision.
  2. Upon delivery of the bicycle, a credit card authorization in the amount of 200 euro per bicycle must be provided by the customer, which will be fully refunded if there are no damages to the bicycle at the end of the rental.
  3. The use of the rented bicycle presupposes an adequate level of physical fitness and technical skill of the customer and each person who will utilize the bicycle. Therefore, by renting the bicycle, the customer declares to have adequate capacity and appropriate competence in riding or guiding the bicycle without any reservations.
  4. The bicycle is to be used exclusively as a means of transport and must be treated with care, common sense, and diligence to avoid damage to the bicycle and its accessories. The bicycle may not be used in the course of any illegal activities or in any other illegal way, nor for any other purposes not provided for by the contract.  The customer may not make the bicycle available to any third parties. The bicycle must specifically not be used in any races or competitions of any kind. It is also expressly forbidden to carry people on the luggage rack or in any other location other than the single seat mounted on the bicycle.
  5. The customer is responsible for the bicycle from delivery until its return to Agape Bici.  The customer is also responsible for all damages caused to themselves, the bicycle, third parties, and any other property during the use of the bicycle. In the event of damages during the bicycle rental period, the customer may not request any form of compensation from Agape Bici. By signing this document, the customer declares to release and exempt Agape Bici from any responsibility and from all related actions, causes, and any kind of judicial or arbitration proceedings. The customer also formally agrees to directly compensate Agape Bici for any damages to the bicycles or equipment provided by Agape Bici.
  6. The customer must check the condition of the bicycle, including any obvious damages or defects before departure from the rental location. The brakes, lights, and air pressure in the tires must be specifically checked. If the result of this check is inadequate or negative, the bicycle will not be considered fit for circulation and cannot be used. For each pedal-assist bicycle, the battery charge level must also be checked. Agape Bici cannot guarantee that the battery charge is sufficient for the planned trip. Any detected defects must be reported to Agape Bici prior to departure from the rental location. The customer is responsible for damages not reported before departure from the rental location.
  7. The customer agrees to comply with the traffic regulations and any other municipal regulations during the use of the bicycle, and to release Agape Bici from any administrative violations that occur during the rental service for infractions under D. Lgs 30 April 1992 no. 285 – New Highway Code and subsequent amendments and integrations.
  8. Agape Bici may check upon the customer throughout the use of the bicycles and request their return if improper use of the bicycle is detected. Agape Bici may refuse to rent to persons who are suspected to be in a state of drunkenness or under the influence of drugs (pursuant to articles 186-187 of the Highway Code) or for any other reason at the sole discretion of Agape Bici.
  9. In case of loss of keys, bicycle accessories, or damage, the owner will request from the user the sum necessary for the original restoration of the bicycle based on the price list and the supplier’s estimate.  In the case of total theft of the bicycle, the user must compensate the owner for the amount established at 3000.00 euros plus VAT for each pedal-assist bicycle and 1600.00 euros plus VAT for each standard bicycle stolen.
  10. Rental is not allowed for more than ten consecutive days.  Those who wish to rent the bicycle for more than this period must present themselves at the Agape Bici rental location before the seventh day expires and complete a new rental contract.
  11. The bicycles must be returned to the same location where they were rented at the agreed time listed in this contract. For returns outside of business hours, an extraordinary hourly rate of 10 euro per person will be applied for each hour or fraction of an hour of late return. If the bicycles cannot be returned within closing hours, the customer must notify Agape Bici by phone or message at +39 333 812 0875. The bicycles are considered returned only if returned directly to the Agape Bici rental location.  Parking or leaving the bicycle outside the rental location during closing hours does not constitute a return. Failure to return the bicycle without prior notification or not justified by exceptional cases will be considered theft and reported to the judicial authority.
  12. The customer may request Agape Bici to collect the bicycle, the cost of which is indicated in the price list.  Agape Bici is not obliged to collect the bicycle, and the lack of collection on Agape Bici’s part is not a cause of default of this agreement by Agape Bici.
  13. The customer must pay for the entire bicycle rental period from the start until they present themselves for the closure of the rental contract, in addition to any charges for damages, total or partial theft.
  14. In case of theft, the customer must present Agape Bici with a copy of the report made to the competent authorities and pay the amount equal to the value of the stolen bicycle, which will be refunded in case of recovery of the stolen bicycle. Any damage, repairs, or parts removed from the bicycle will be deducted from this amount.
  15. Any payment or fee related to the bicycle rental, such as ferry tickets, toll area access fees, parking tickets, etc., must be paid by the customer. Any and all repair costs are also the customer’s responsibility.
  16. Agape Bici may have provided the customer a mobile phone holder mounted to the bicycle. However, the customer understands that any use the mobile phone holder is done at their own volition and their own risk and the customer will exempt Agape Bici from any liability for damage to the customer’s mobile phone in the event that the phone falls from the bicycle or from the mobile phone holder.
  17. For matters not cited in these regulations, the relationship between the contracting parties is governed by the Civil Code. Italian law applies to the interpretation and application of the contractual relationship.
  18. For any dispute arising between the parties, the competent court is Catania.

Pursuant to Articles 1341 and 1342 of the Civil Code, the user declares to have understood the contractual conditions and expressly accepts the following clauses: Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18.

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