bikeMi Service Agreement: General conditions of access and use
For the purposes of this agreement, the following definitions shall apply, singular or plural:
-“Electric Pedal Assisted Bicycle”: a bicycle propelled by human effort, assisted by the power of an electric motor activated via the pedalling action;
-“Human-Powered Bicycle”: a bicycle propelled exclusively by the motive force generated through human effort;
-“Bicycle with Child Seat”: an Electric Pedal Assisted Bicycle equipped with a small seat designed exclusively to carry a child of maximum body weight 20 kg;
-“Bicycle/Bicycles” without further definition: all types of bicycles, whether human-powered only, pedal assisted, with or without child seat, considered overall;
-“General Conditions”: the General Conditions regulating access to and use of the bikeMi Service;
-“Agreement”: the agreement made with Users, regulating subscription to the bikeMi Service, including the General Conditions;
-“Minor”: an adolescent between 14 and 18 years of age, permitted to use the bikeMi Service once a parent/guardian has signed the Agreement on his/her behalf;
- “Provider”: Clear Channel Italia S.p.A., with registered office at Viale Regina Margherita 42, Rome;
-“BikeMi Service”: the bicycle-sharing service offered under the present agreement;
-“Stations”: the stations where the Bicycles are docked;
“Virtual Stations”: areas where the Bicycles are docked, identified by specific horizontal and vertical signage.
-“User”: the person of legal age who signs the Agreement, even though the person who actually makes use of the bikeMi Service may be a minor.
ARTICLE 1 – OBJECT OF THE bikeMi SERVICE
1.1 The operation of the bikeMi Service, offered in the city of Milan, is assigned to the Provider so that Bicycles can be made available to Users, and to Minors, within the terms of the General Conditions.
1.2 The Service allows the User — and Minors, within the limits imposed by the General Conditions — to pick up a Bicycle at one of the stations referred to in article 2.1 below, for use under the terms of these General Conditions, while under obligation to return it no later than the agreed maximum time limit, whether at the Station where it was picked up or at a different Station.
ARTICLE 2 – STRUCTURE AND CONTENT OF THE SERVICE bikeMi
2.1 The bikeMi Service is organized in such a way that Users — and Minors, within the limits imposed by the General Conditions — can pick up Bicycles at the aforementioned Stations, of which a list and details of locations are published by the Provider on the website www.bikemi.it and in the official “bikeMi” App.
2.2 Each Human Powered Bicycle is able to carry an overall weight (persons and property) of no more than 100 kg. Each Electric Pedal Assisted Bicycle is able to carry an overall weight (persons and property) of no more than 120 kg. The basket has a maximum load capacity of 12 kg.
2.3 Each Bicycle with Child Seat is fitted with a dedicated seat able to carry a child weighing no more than 20 kg.
ARTICLE 3 - REGISTRATION, TICKET AND SUBSCRIPTION
3.1 Registration Access to the bikeMi Service is subject to specific registration, requiring the input of all the personal information requested and acceptance of the General Conditions, to be carried out by signing the Agreement and reviewing the Privacy Disclosure attached to the Agreement (with the right to issue the consents provided for therein).
3.2 Registration procedure Registration can be accomplished by connecting to the www.bikemi.it website or by way of the official “bikeMi " App, clicking the “Register” button. The Agreement is deemed valid once all steps of the registration procedure ("Registration" hereinafter) have been completed.
3.3 Information regarding utilization and functionality of the bikeMi Service. The manner in which the bikeMi Service is utilized and the relative costs, are made known by publication on the dedicated pages of the www.bikemi.it website and the official “bikeMi” App. It is therefore assumed that this information will be known to the User.
3.4 Types of tickets and subscription available: duration, start and price. Upon registration, the User can choose one of the following types of ticket or subscription to the bikeMi Service, at the prices published on the www.bikemi.it website and via the official “bikeMi” App:
a) annual subscription, available only to persons domiciled in Italy, valid for 1 (one) year from the date of Registration as required under article 3.2 above. When the annual subscription is paid, the bikeMi service will be activated.
b) weekly subscription, valid for 7 (seven) days, or 168 (one hundred and sixty-eight) hours, from the moment of the first pick-up. The bikeMi Service will be activated when a Bicycle is picked up for the first time;
c) daily subscription, valid 24 (twenty-four) hours from the moment of the first pick-up. The bikeMi Service will be activated when a Bicycle is picked up for the first time.
d) ticket with a validity of 1 (one) hour and 30 (thirty) minutes from when it is picked up. The bikeMi Service will be activated when the Bicycle is picked up.
3.5 Subscription and ticket. Management of access credentials. The User will immediately be sent an sms text message containing the code giving access to the relative service area; thereafter, using the official “bikeMi” App, this code allows the Bicycle to be picked up from and returned to a Station as described in article 5.3 below.
3.6 Methods of payment Payment of the ticket and or subscription to the bikeMi Service can only be carried out by credit card or reloadable prepaid card, MasterCard, Visa or American Express circuits. When signing up for one of the subscriptions or buying a ticket pursuant to article 3.4, Users are under obligation to supply the Provider with details of the credit card or reloadable prepaid card used for payment of the subscription, while also authorizing the Provider to verify the name of the owner of said payment card. By entering into the Agreement, the User authorizes the Provider to debit any amounts or sums payable or owed by the User in respect of penalties applicable under article 6 below. The identity of the payment card owner will have to be the same as the account holder of the subscription if the person is an adult.
3.7 Access to the Service by Minors. Minors can also access the bikeMi Service subject to signing of the Agreement to subscribe or purchase of a ticket by the User who is a parent or guardian in one of the ways described in article 3.2. In that case, the Agreement must indicate the personal details (name, surname, date of birth) of the Minor who will be using the bikeMi Service. The User must supply details of his/her credit card used for payment of the subscription or of the ticket. By entering into the Agreement, the User authorizes the Provider to debit any amounts or sums payable or owed by the Minor in respect of penalties applicable under article 6.4 below. The User — not bound in this instance by the transfer restriction of article 8.2 below — will provide the Minor with the help needed in order to pick up the Bicycle and utilize the bikeMi Service. Under no circumstances can minors under 14 years of age access the bikeMi Service and utilize the Bicycles. Minors, in any event, are allowed to use only Human Powered Bicycles or Electric Pedal Assisted Bicycles, and expressly forbidden from using Bicycles with Child Seat.
3.8 If the User has picked up a Bicycle with a Child Seat, he/she can only carry, notwithstanding the prohibition imposed under article 8.2, no. 2, a child weighing no more than 20 kg whose parent or guardian is the User himself/herself or whose parents or guardians have given the User specific authorization. In any case, minors can only be carried as passengers under the supervision and monitoring of the User. Child passengers must wear helmets (fitted and fastened), and the safety belts of the child seat must also be fastened. The use of a Bicycle with a Child Seat does not involve any processing, by the Provider, of personal data relating to the child passenger.
3.9 It is understood that the Provider shall remain free of all liability in the event of the bikeMi Service being used with disregard for the provisions of articles 3.7 and 3.8 above, and in particular where the service is accessed by minors who may have made inaccurate and/or untruthful statements as concerning their age. The right is reserved by the Provider to take action against Users for any damages, direct and indirect, suffered as a result of the bikeMi Service being used inconsistently with the provisions of articles 3.7 and 3.8 above.
ARTICLE 4 – DURATION, RENEWAL AND WITHDRAWAL
4.1 Automatic renewal of annual subscriptions. For annual subscriptions, membership is renewed automatically at the end of said period, for the same period and at the rates applicable on the date of renewal, unless the User manifestly expresses otherwise, which must be done before the subscription expires, by clicking on “Cancel the automatic renewal“ which can be seen on the homepage of the website www.bikemi.it in the personal area; and in the profile on the official “bikeMi” App.
4.2 Duration of weekly and daily subscriptions. The daily subscription and the weekly subscription expire respectively once the 24 hour or 168 hour period has elapsed, and are not tacitly renewed. In this situation, the subscription will be deactivated automatically.
4.3 Right of withdrawal by the User. Users can exercise their right to withdraw by submitting a request within 14 days from the purchase of the subscription by Certified Electronic Mail (PEC) or registered letter with notice of receipt. Following withdrawal, the sum paid by the User to purchase the subscription will be reimbursed at no cost to the User, utilizing the same method of payment that was selected originally by the User to remit the subscription fee. The provisions of this paragraph shall not apply if the subscription is automatically renewed.
ARTICLE 5 – PICK-UP AND RETURN OF BICYCLES — SUBSEQUENT USE
5.1 Procedures for accessing the bikeMi Service. The bikeMi Service can be accessed, as long as Bicycles are available at each Station, 12 months of the year, 7 days per week, with Users able to pick up and return during the hours indicated on the www.bikemi.it website and in the official “bikeMi” App, except in the event of restrictions, total or partial, temporary or permanent, affecting the use of one or more Stations or the freedom to ride within the city limits of Milan, imposed by force majeure or decisions of the competent authorities. Access to the Bicycles provided by the bikeMi Service is available only to:
1. Adults of 18 years and over who have taken out an annual/weekly/daily subscription or following the purchase of a ticket;
2. Minors (in any case 14 years and over) for whom the parent/guardian has authorised access to the service;
3. children weighing less than 20 kg, exclusively as passengers occupying the seats of Bicycles with Child Seats, under the supervision and monitoring of a User who is the parent or guardian of the Minor, or a User who has been duly authorized by the parents or guardians of a child eligible to ride as a passenger under the conditions of the Agreement.
5.2 Procedure for use of the Bicycle. In the case of subscription or purchase of a ticket, the User or the Minor can pick up the Bicycle by taking it from a slot, after unlocking the Bicycle using the official App or placing the Card near the optical reader on the service column. The User can choose whether to select a Human Powered Bicycle, an Electric Pedal Assisted Bicycle or a Bicycle with a Child Seat. Minors on the other hand can select only a Human Powered Bicycle or an Electric Pedal Assisted Bicycle. The three types of bicycle are offered at different rates, as specified in article 6.2 below. The number of the slot from which to take the Bicycle will be indicated by the system. At the Virtual Stations, Bicycles - with identification through the identification number on the frame - can only be picked up using the official App.
5.3 Procedure for picking up the Bicycle - The User or Minor must take the Bicycle from the slot no later than 30 seconds after the identification number of the slot appears on the display of the docking Station or in the window of the official App. When picking up at Virtual Stations, the 30 seconds will start from theselectionof the identification number of the bicycle on the official App. If the Bicycle is not picked up within this time limit, the request will be cancelled and the operation must be repeated at no extra cost to the User. For each subscription or ticket purchased, the User can select a Human Powered Bicycle, an Electric Pedal Assisted Bicycle or a Bicycle with Child Seat, however the Child Seat option is not available to Minors (see 3.8).
5.4 Procedure for returning the Bicycle. The Bicycle may be returned at any Station, including Virtual, where permitted by the Bicycle, by docking to a slot or locking the smart lock at the back of the bike.
If it is docked properly in a slot at a station, the relative light on the rail will turn green and remain permanently alight. The User or Minor must make certain that the Bicycle has been properly docked, by lifting the handlebars slightly and checking to ensure that the light turns green and remains permanently alight.
The smart lock can only be locked in the area indicated by the signage at the Virtual Station. Once the Bicycle is in the virtual station, the system will make the specific release button visible which will authorise the manual locking of the smart lock. The User or the Minor must ensure that the smart lock has been locked properly, slightly moving the lever to check that it is locked.
The system will automatically send a message confirming that the Bicycle has been returned:
- communication through the official “bikeMi” App, subject to logging in.
- by e-mail, to the address given by the User at the moment of purchasing the subscription.
5.5 Suspension of further pick-up immediately after a Bicycle is returned. When a Bicycle is returned to a Station after a single period of use, the User or the Minor cannot access the bikeMi Service again until 5 minutes have elapsed: if an attempt is made to utilize the Service before the five minutes have passed, the App or the display on the service column will warn that access is denied. Should the User or the Minor return the Bicycle within 3 minutes after pick-up, suggesting that there is a technical problem with the machine, another bicycle can be taken by repeating the procedure of article 5.2, without waiting for the aforementioned five-minute period to elapse. See also the provisions of article 8.5 in this regard.
5.6 Times for which the Bicycle can be used. The maximum time limit on use of the Bicycle — calculated to ensure that the facilities constituting the essential element of the bike sharing scheme remain accessible to all — is 2 (two) hours. In the event of this limit being exceeded 3 (three) times, further access will be denied automatically to the offending User, whose subscription will be deactivated without any possibility of recouping the payment remitted for its purchase. Should it happen moreover that a Bicycle is retained by the User or the Minor for a continuous duration exceeding 24 hours, a penalty will be imposed, the amount of which being as specified on the www.bikemi.it website, and the subscription deactivated without any possibility of recouping the payment remitted for its purchase.
ARTICLE 6 – PAYMENTS: SUBSCRIPTIONS, RATES, PENALTIES
6.1 Subscriptions to the bikeMi service and tickets. The cost for each type of subscription and ticket indicated in article 3.4 above is the cost applicable at the time of subscribing, as published on the www.bikemi.it website and in the official “bikeMi" App, which can be consulted before taking out a subscription to the bikeMi Service as described in article 3 above.
6.2 Rates for use of the bikeMi Service. The rates for use can be found in the specific section on the www.bikemi.it website. The User will have to pay the bikeMi Service the amount due in accordance with the duration of use.
6.3 Payments. Payment for a ticket or the subscription will be immediately charged to the User’s payment card.
If a subscription is taken out, the rate will be charged to the payment card of the User each time that:
a predetermined amount has been reached,
a predetermined time of use has passed,
the subscription expires.
The amount and the time are indicated on the specific page of the website www.bikemi.it. The first 3 (three) minutes of use of the Electric Pedal Assisted Bicycles and the first 30 (thirty) minutes of use of the Human Powered Bicycles are free. Use rates are included in the price of the ticket.
The use rates and any periods of free use as described in the previous paragraph can be changed at any time; accordingly, the User should make a point of checking them periodically by consulting the list of charges published on the website www.bikemi.it and on the official “bikeMi” App.
Given the nature of the transaction, the price will be confirmed by issuing a payment receipt without fiscal value, in accordance with article 22 of Presidential Decree 633/72. Any Users who need an invoice instead of the payment receipt can expressly send a requst to email@example.com. For administrative reasons the request must be received at least a week before the payment. If the request is made too late, the Provider will not have to issue the invoice.
6.4 Penalties chargeable to the User. In the event of the Bicycle being lost, stolen, returned late or damaged and the cause is attributable to the User or to third parties who, in violation of article 8.2, have been given the use of the Bicycle by the User, the Provider will apply penalties — while reserving the right to seek further damages — in line with the amounts indicated on the www.bikemi.it website, of which the User declares full awareness and familiarity. The User also declares that he/she finds them consistent and proportional to the cases listed.
1.return of the Bicycle later than 24 hours after pick-up;
2.damage to the Bicycle for which the User is verifiably responsible, whether directly or by default in violation of article 9;
3. release and parking of the Bicycle in a way that does not comply with the previous paragraphs;
4. loss, theft, serious damage, or failure to return the Bicycle: in the event that action duly taken by the Provider in accordance with article 8.3 above has proved fruitless, or that action required in accordance with article 8.4 above has not been taken by the User, the Provider shall be at liberty to charge the User a sum equivalent to the value of the lost, stolen or damaged property, up to a maximum amount as indicated on the www.bikemi.it website
The User will also be liable for any additional damages caused by/with the aid of the Bicycle to persons or property (including the Bicycle itself), and deriving from the User’s own conduct.
6.5 Method of debiting penalties. The amounts chargeable in respect of the aforementioned penalties will be debited to the credit card of the User. The User agrees and accepts that the penalties may be charged even after the terms referred to in the articles 4.1 and 4.2
6.6 Obligation to communicate changes in credit card details. The User undertakes to inform the Provider promptly of any changes to his or her credit card details or personal details, or the personal details of the Minor named in the Agreement as the user of the bikeMi Service.
ARTICLE 7 – POSSIBLE CHANGES TO GENERAL CONDITIONS
7.1 Possible changes to General Conditions and subscription rates made by the Provider. The Provider, in seeking to maintain flexibility of business relations, reserves the right to update and/or make changes to these General Conditions relating to the use of the bikeMi Service at any time, and the price to purchase subscriptions as indicated in articles 6.1 and 6.2, giving prior written notice to the User. Any changes to the present General Conditions of the Agreement will be published on the web site and become effective once 30 days have elapsed following notification of the User; utilization of the bikeMi Service by the User once 30 days have elapsed following the notification will imply acceptance and application of the new General Conditions; conversely, the User remains at liberty within the 30-day period to withdraw from the Agreement as indicated in article 4.3 above.
ARTICLE 8 – RESTRICTIONS AND RESPONSIBILITIES OF THE USER
Rules to be observed by the User regarding correct utilization of Bicycles
8.1 The User undertakes to:
1. use the bikeMi Service and therefore the Bicycles with the care and attention of a reasonably prudent person in accordance with current statutory regulations and these General Conditions.
2. deliver back the Bicycles to their specific slots or at the specific Virtual Stations as described above.
4. ensure that the Bicycle is parked in a stable, safe way, so as not to cause an obstacle or danger for other users or for the use of the other Bicycles.
8.2 From the moment of picking up the Bicycle until the moment of returning it to the Station, both when riding and during any intermediate stops, the User undertakes to utilize the Bicycles with the care and attention of a conscientious custodian, in such way as to cause no danger or hindrance to traffic, and always paying maximum heed to road safety. In the case of the Bicycle with Child Seat, the User undertakes to secure the child in the seat, fastening the seat belts provided and checking also that a helmet is worn by the child, correctly fitted and fastened, for the entire duration of the period that the Bicycle with Child Seat remains in use. The User undertakes to observe the rules of the Highway Code and subsequent amendments and additions, as well as the Regulation under which they are enforced (Legislative Decree n° 285/1992, Presidential Decree n° 495/1992), likewise any other public by-laws governing the use of bicycles, and these General Conditions.
In particular, the User must not:
1. damage the Bicycles or in any event use the Bicycles on surfaces or in conditions that could damage them, or adopt or assume any behaviour or approach that could lead to a risk of damaging the Bicycles;
2. carry passengers in any way, except in the case of Bicycles with Child Seats as permitted within the limits indicated in article 3.9;
3. transfer and/or allow the use of Bicycles to or by third parties, even temporarily, except in the case that the user of the Service named in the Agreement is a Minor;
4. cause damage to or endanger him/herself and/or third parties, or property/animals belonging to him/herself and/or to third parties, through the use of the Bicycles;
5. leave the Bicycles unattended and/or without the protection of the padlock provided, which must be properly closed and with the key removed and guarded. It is not allowed to use other padlocks, or in any event adopt or assume any approach or attitude that could lead to a risk of the Bicycles being stolen;
6. utilize the Bicycles beyond the maximum time limit indicated in article 5.6;
7. dismantle or attempt to dismantle the Bicycles entirely or in part;
8. modify the structure or appearance of the Bicycles;
9. transport the Bicycles using a private vehicle;
10. make use of the Bicycles in a manner contrary to public order and safety in public places, or adopt or assume any approach or attitude or commit any action liable to damage the image or the reputation of the Provider;
11. perform or instruct others to perform maintenance/repair operations on the Bicycles;
12. in the case of Bicycles with Child Seat, utilize the seat for the purpose of carrying objects or animals;
13. in the case of Bicycles with Child Seat, carry children of body weight more than 20 kg;
14. utilize the basket without securing the contents placed therein by means of the retaining device provided or with other additional devices if necessary;
15. use the basket to carry any item heavier than 12 kg
Should any of the above prohibitions be violated, the Provider will have the right to terminate the Agreement in accordance with the terms of article 12 below, without prejudice to the application of penalties as in article 9 below.
8.3 The User undertakes to return the Bicycle to a Station of choice within the maximum period of use of two hours. If the Bicycle is used for more than 24 hours, the Provider will have the right to terminate the Agreement in accordance with the terms of article 12 below, without prejudice to the application of penalties as in article 6 above.
At the end of the 24th hour a given Bicycle has been absent, the Provider will take steps to contact the User and request that it be returned, sending a communication to this effect by whatever medium: should the User fail to return the Bicycle despite being asked, or in any event, should the Provider fail to recover the Bicycle, the penalties envisaged under article 6 for theft or loss may be applied.
Users tacitly accept the risk of being unable to find empty slots at the Station of choice and consequently having to prolong their ride to the nearest empty Station, or in effect to any other Station with empty slots, in accordance with the provisions of article 5.4.
8.4 Without prejudice to the provisions of article 6 above, in the event of the Bicycle being mislaid, stolen or damaged, or the support media utilized for the purpose of accessing the service being lost or rendered ineffective, the User undertakes to inform the Provider as soon as possible, contacting the bikeMi Infoline on 02 48 607 607.
In the event of the Bicycle being lost or stolen, the User must report the occurrence to the Competent Authorities without delay — or at least within 24 hours — and thereafter forward a copy of the relative statement to the Provider by e-mail to firstname.lastname@example.org.
8.5 At the moment of picking up the Bicycle, Users must adjust the height of the saddle to suit their stature and check that the machine is fully operational and in perfect condition, both generally and in terms of the component parts; in the case of a Bicycle with Child Seat, moreover, the User must check the efficiency of the child restraint systems, and if any abnormality is observed, return the Bicycle immediately. Failure on the part of the User to return the Bicycle immediately, or failure to return the machine when abnormalities are observed during use, or failure to report any abnormalities and/or damage observed when utilizing the bikeMi Service, is equivalent to confirming that the Bicycle picked up from the Station has been found in perfect condition and that it will be returned in this same condition, except for the charge level of the battery in the case of an Electric Pedal Assisted Cycle. Reference is made to article 5.5 in this connection.
Responsibilities of the User
8.6 Users will be solely responsible for any damages caused directly or indirectly to third parties (to persons, including children carried on a Bicycle with Child Seat, and/or property and/or animals), also to themselves and/or to property and/or animals belonging to them, deriving from or occasioned by the use of the Bicycle and/or the bikeMi Service, as the result of conduct attributable to the selfsame User or to third parties who, in violation of article 8.2, have been given the use of the Bicycle by the User. Where the User of the bikeMi Service is a Minor, or when carrying a child in the child seat, the User will be solely responsible for any damages caused directly and/or indirectly to third parties (to persons and/or property and/or animals), deriving from or occasioned by the use of the Bicycle, as the result of conduct attributable to the selfsame Minor or to the child being carried or to third parties who, in violation of article 8.2, have been given the use of the Bicycle by the Minor. The User also assumes sole responsibility in the event of property and/or animals carried on the Bicycle being lost, damaged or stolen, even when the person making use of the bikeMi Service is a Minor.
In the event of injury and/or accident involving a User, a Minor, a child being carried, or the Bicycle itself, the User must inform the Provider immediately by calling the BikeMi Infoline on 02 48 607 607
8.7 The User undertakes to hold the Provider harmless in respect of any administrative fines levied during utilization of the Bicycle for offences against the rules of the Highway Code and/or the relative Enforcing Regulation, even when the person making use of the bikeMi Service is a Minor. The User also undertakes to hold the Provider harmless, even when the person making use of the bikeMi Service is a Minor, in respect of any further action/claim brought by third parties or by Public Authorities as the result of conduct attributable to the User or to third parties who, in violation of article 8.2, have been given the use of the Bicycle by the User or the Minor.
8.8 The User confirms that he or she is a proficient cyclist, with regard in particular to the particular type of machine selected (Human Powered, Electric Pedal Assisted or with Child Seat) and physically and mentally fit to use the Bicycle properly.
8.9 Where the person making use of the Service may be a Minor, the User declares that the Minor is:
1.proficient at riding the Bicycle, whether Human Powered or Electric Pedal Assisted;
2.thoroughly familiar with road traffic rules;
3.physically and mentally fit to use the Bicycle properly.
ARTICLE 9 – RESTRICTIONS ON USE OF THE SERVICE AND NON-TRANSFERABILITY
9.1 Scope of utilization allowed to the User. The User agrees and undertakes to utilize the Card, the www.bikemi.it website and the official “bikeMi” App exclusively for the purposes they are intended to serve.
ARTICLE 10 – COMPLAINTS
10.1 Every User has the right to lodge a complaint with regard to questions concerning the operation of the bikeMi Service, submitted by way of Certified Electronic Mail (PEC) to email@example.com, or regular e-mail to firstname.lastname@example.org, within 48 hours of returning the Bicycle.
10.2 Complaints will be acknowledged by the Provider, within 14 days at the latest, following the date on which the complaint is received by the Provider. Answers to complaints will be sent to the User by e-mail.
ARTICLE 11 – DISPOSAL OF THE AGREEMENT
11.1 Pursuant to articles 1406 et seq of the Italian Civil Code, the User recognizes — not least in the interests of ensuring continuity of the Service — that the Provider remains free to dispose of the Agreement to third parties.
ARTICLE 12 – EXPRESS TERMINATION CLAUSE AND SUSPENSION OF THE SERVICE
12.1 Express termination clause. The Provider will be entitled to terminate the Agreement, pursuant to article 1456 of the Italian Civil Code, simply by informing the User in writing, in any of the following circumstances:
- failure on the part of the User to activate a daily or weekly subscription within 30 days following purchase, in accordance with article 3.3. above;
- violation by the User of any obligation specified in articles 8.1, 8.2. and 8.3.;
- failure to return the Bicycle within the maximum time limit of 24 hours, as indicated in article 8.3.
Termination of the Agreement will not affect the applicability of penalties in accordance with article 6.
In the event of the Agreement being terminated, the User must seek a new Agreement and purchase a new subscription if intending to use the bikeMi Service again, the Provider being at liberty to refuse any request for new subscriptions should the User continue to display negligent/improper conduct.
12.2 Suspension of the bikeMi Service. In the event of the User failing to remit payment for sums owed in whatever manner under the terms of the present Agreement (for example, fee for the purchase of a subscription, charges for use of the Bicycle, penalties), the Provider will be justified in suspending the bikeMi Service until such time as the User has cleared any outstanding debts on his or her account.
ARTICLE 13 – JURISDICTION AND APPLICABLE LAW
13.1 The Court of Milan shall have jurisdiction over any disputes arising out of the interpretation and/or performance of the Agreement and use of the bikeMi Service.
In the case of disputes with consumers, jurisdiction can also be exercised by the Law Courts in the place where the consumer resides or is domiciled.
The present Agreement is regulated by Italian law.