Terms and Conditions for bikeMi from December, 15th 2024

DEFINITIONS

Terms used in these General Terms and Conditions with a capital letter shall have the meaning hereinafter assigned to them:

-'Pedal Assisted Bicycle': a bicycle whose human propulsion action is supplemented by an electric motor activated by pedalling.

-'Human-Powered Bicycle': a bicycle moved exclusively by the driving force produced by human beings;

-'Bicycle with Child Seat': a Pedal Assisted Bicycle equipped with a child seat to transport only a child weighing up to 20 kg;

- "Bicycle" without further connotation: all types of bicycles covered by the bikeMi service, human-powered, pedal-assisted, with child seat, jointly considered;

- Consumer Code' Legislative Decree 206/2005;

- "General Terms and Conditions": these general terms and conditions for accessing and using the bikeMi Service;

- "Contract": the contract of adherence to the BikeMi Service concluded with the User, including these Terms and Conditions;

- "Minor": a minor between 14 and 18 years of age who uses the BikeMi Service, subject to acceptance of the Contract by the parent/guardian;

- "Provider": IGPDecaux S.p.A., with registered office in Assago Palazzo B10, Strada 3, Centro Direzionale Milanofiori;

-'BikeMi Service': the service implemented through a bike sharing system, by means of bike sharing, within the city of Milan;

- "bikeMi Customer Care": customer care and technical assistance service that can be reached via the channels indicated on the homepage of the bikeMi website or on the official "bikeMi" app.

- "Stations": the pick-up and drop-off stations for bicycles, both physical and virtual;

- "Physical Stations": specific areas equipped with stalls for the pick-up and drop-off of bicycles;

- "Virtual Stations": the specific areas, identified by appropriate horizontal and vertical signage, where it is possible to pick up and drop off bicycles without having to put them in the appropriate stalls, which are present in all the Physical Stations;

- "User": the person of legal age who enters into the Contract, for himself/herself or for a Minor to whom the User grants the right to use the bikeMi Service under his/her own responsibility and within the limits set out in these General Terms and Conditions. In the event that the User of the bikeMi Service is a Minor, the User is understood to be the parent, guardian or, in any case, the person exercising parental authority.

- "User": a User or Minor who actually uses the bikeMi Service.

Definitions used in the singular in these General Terms and Conditions shall have the same meaning as in the plural and vice versa.

ARTICLE 1 - SUBJECT OF THE bikeMi SERVICE

1.1 The BikeMi Service, offered in the city of Milan, is managed by the Provider in order to allow the User access to the Bicycles, for the use of the same for exclusively personal purposes and, therefore, with the express exclusion of any professional, entrepreneurial or competitive purpose.

1.2 The Service enables the User to pick up Bicycles from one of the Stations referred to in Article 2.1 below, for use in accordance with these General Terms and Conditions, with the obligation to return them within the agreed maximum period of time and the option of releasing them at a Station, even if different from the one at which they were picked up.

ARTICLE 2 - STRUCTURE AND CONTENT OF THE bikeMi SERVICE

2.1 The bikeMi Service is provided by making bicycles available to Users, as well as to Minors within the limits set out in these General Terms and Conditions, which can be picked up at the Stations, the list and location of which are made public by the Provider via the "www.bikemi.it" website and via the official "bikeMi" app.

2.2 Human-powered bicycles are capable of carrying weights (persons and inanimate objects) for a total load not exceeding 100 kg. Pedal Assisted Bicycles are capable of carrying weights (persons and inanimate objects) for a total load not exceeding 120 kg. The basket, used exclusively for transporting inanimate goods, has a maximum load limit of 10 kg.

2.3 Each child seat, placed on the Bicycle with Seat, is capable of carrying a child for a load not exceeding 20 kg.

ARTICLE 3 - REGISTRATION, TICKET AND SUBSCRIPTION

3.1 Registration. Access to the bikeMi Service is subject to specific registration, after entering all the required personal information and acceptance of these General Terms and Conditions, to be carried out through acceptance of the Contract and acknowledgement of the Privacy Policy attached to the Contract (with the right to issue the consents provided therein).

3.2 Registration procedure. Registration can be carried out by entering the "www.bikemi.it" website or via the official "bikeMi" app, clicking on the "Sign up" button and following the instructions provided by the website or app. The Contract will be deemed accepted upon completion of all registration operations.

3.3 Information on the Use and Functionality of the bikeMi Service The conditions of use of the bikeMi Service and the relevant costs are published on the "www.bikemi.it" website and on the official "bikeMi" app, on the pages dedicated to this purpose. This information is therefore deemed to be known to the User.

3.4 Types of ticket and subscription available: duration, starting date and cost. When registering, the User can choose one of the following types of ticket or subscription for the bikeMi Service, at the costs indicated on the "www.bikemi.it" website and the official "bikeMi" app:

a) annual subscription, reserved for Italian residents, for a period of 1 (one) year starting from the date on which the relevant amount is credited, following which the bikeMi service will be activated;

b) weekly subscription, lasting 7 (seven) days, equal to 168 (one hundred sixty-eight) hours, starting from the moment of the first pickup. The first pickup of the bike will result in the activation of the bikeMi service;

c) daily subscription, lasting 24 (twenty-four) hours starting from the moment of the first pickup. The first pickup of a bicycle will result in the activation of the bikeMi service;

d) a ticket valid for 1 (one) hour and 30 (thirty) minutes from the time of pickup. Bicycle pick-up will result in the activation of the bikeMi service.

3.5 Subscription and ticket. Managing access credentials. The User is required to carefully keep both the ticket and subscription, even if in digital format, and the credentials and access codes to his/her personal area of the app and/or the site.

3.6 Methods of payment. Payment for the ticket or subscription to the bikeMi Service can only be made by credit card or rechargeable prepaid card, MasterCard, Visa or American Express circuit. When signing up for one of the subscriptions or tickets referred to in Art. 3.4, the User is obliged to provide the Service Provider with the details of the credit card or rechargeable prepaid card used to pay for the subscription, and also authorises the Provider to verify the name of the owner of said payment card. By entering into the Contract, 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 User, even if it is the Minor who uses the BikeMi service.

3.7 Access to the Service by Minors. Access to the bikeMi Service is also permitted to Minors, subject to the acceptance of the Contract and the subscription or purchase of the ticket, by one of the methods indicated in Art. 3.2, by the User who is a parent or guardian, who assumes full and unconditional responsibility in accordance with the law. The User must communicate his or her credit card details for the payment of the subscription or ticket and declare that he or she is of legal age and that he or she subscribes to the bikeMi Service on behalf of the Minor, specifying his or her relationship with the same (parent or guardian). The Contract must indicate the personal data (name, surname, date of birth) of the Minor who will use the bikeMi Service. The Provider shall not process the personal data of Minors without the consent of the User (parent or guardian). The User hereby authorises the Provider to retain any sums owed by the Minor, as well as any sums owed by the Minor as a penalty pursuant to art. 6.4 below. The User, notwithstanding the prohibition of transfer pursuant to art. 8.2 below, will provide the Minor with any support to allow him/her to pick up the bicycle and use the BikeMi Service. Under no circumstances may minors under 14 years of age access the bikeMi Service and consequently use the Bicycles. In any case, minors may only use human-powered bicycles and pedal-assisted bicycles, with the express exclusion of bicycles with child seats.

Upon reaching the age of majority, the Minor may not continue to use the bikeMi Service on the basis of the Contract signed by the User who was his or her guardian or parent, under penalty of violation of the prohibition of assignment set forth in Article 8.2. below, and it will therefore be the responsibility of the Minor to sign his or her own Contract to continue using the bikeMi Service.

3.8 If the User has picked up a Bicycle with Child Seat, the User may only transport a child weighing less than 20 kg, of which the User is the parent or guardian or whose parents or guardians have granted the User the appropriate authorisation, as an exception to the prohibition stipulated in Article 8.2, no. 2. In any case, the transport of the child shall take place exclusively under the supervision and surveillance of the User. The use of a helmet (fitted and fastened) is compulsory for the minor being transported, and seat belts must be fastened. The use of the Bicycle with Child Seat does not entail any processing by the Provider of personal data relating to the minor.

3.9 It is understood that the Provider will be exempt from any form of liability in the event of use of the BikeMi Service contrary to the provisions of Articles 3.7 and 3.8 above, with particular reference also to cases of use of the service by minors who have made false and/or misleading declarations with respect to their age. The Provider reserves the right to cancel the Contract and inhibit access to the bikeMi Service in the event that a Minor has registered for the bikeMi Service by concealing his or her age with deception, and to ask the Parent/Guardian of the Minor to pay compensation for damages in the event that the same has used the identity of a person of age to access the service. The Provider also reserves the right to take action against Users for all direct and indirect damages suffered as a consequence of the use of the bikeMi Service contrary to the provisions of Articles 3.7 and 3.8 above.

ARTICLE 4 - DURATION, RENEWAL AND TERMINATION

4.1 Automatic renewal of annual subscriptions. For annual subscriptions, at the end of the aforementioned period, the subscription is understood to be automatically renewed, for the same period and at the tariff conditions in force at the time of renewal, unless the User expressly declares otherwise, which must be done before the expiry date of the subscription, by clicking on "Cancel automatic renewal", visible on the homepage of the "www.bikemi.it" website within the personal area; and in the official "bikeMi" app within the profile.

4.2 Expiry of weekly and daily subscriptions. Daily and weekly subscriptions, once 24 or 168 hours respectively have elapsed since the activation referred to in Article 3.4 above, cease to be effective and are not subject to tacit renewal. The subscription shall consequently be automatically deactivated.

4.3 User's right of withdrawal. The User acknowledges and recognises that, pursuant to Article 47, paragraph 2 of the Consumer Code, the provisions of the aforementioned Consumer Code relating to the right of withdrawal within 14 days of the purchase of the good or service, for contracts negotiated away from business premises, do not apply to the BikeMi Service, since the amount payable by the User does not exceed 50 euros. In any case, even if this value limit is exceeded, pursuant to Article 59 of the Consumer Code, the User may only withdraw from the contract before its execution has begun (with the first use of the service) and excluding cases of automatic renewal.

Only in these specific cases may the User exercise the right to withdraw from the BikeMi Service by means of written notice to this effect to be delivered to the Provider at info@bikemi.it.

ARTICLE 5 - REMOVAL, PARKING, AND RETURN OF BICYCLES AND SUBSEQUENT USE

5.1 Methods of access to the bikeMi Service. The bikeMi Service is accessible, within the limits of the number of bicycles available in each Station, 12 months out of 12, 7 days out of 7, with the possibility of pick-up and drop-off at the times indicated on the "www.bikemi.it" website and on the official "bikeMi" app, except in cases of force majeure or decisions by the competent authorities that entail a total or partial, temporary or definitive restriction on the use of one or more Stations or on cycling within the territory of the city of Milan. Access to bicycles under the bikeMi service is permitted only to:

1. holders over 18 years of age upon acceptance of the Contract and purchase of an annual/weekly/daily pass or upon purchase of a ticket;

2. minors (in any case over the age of 14) to whom the parent/guardian has authorised access to the service, which, in any case, will be limited to Human Powered Bicycles and Pedal Assisted Bicycles;

3. children weighing less than 20 kg, exclusively as passengers in the child seats of Bicycles with Child Seats, under the supervision and surveillance of the User who is the parent or guardian of the child or of the User who has received appropriate authorisation from the parents or guardians of the child authorised to be transported under the Contract.

5.2 How to pick up the Bicycle. In the event of a subscription or purchase of a ticket, the User or Minor may pick up the Bicycle from a stall after unlocking the Bicycle via the official app or after bringing the access card to the bikeMi service to the optical reader on the service column. The User can choose whether to take, where available, a Human Powered Bicycle, a Pedal Assisted Bicycle or a Bicycle with Child Seat. The Minor may, on the other hand, choose to take, where available, a Human Powered Bicycle or a Pedal Assisted Bicycle. The fare for the three types of bike is different, as specified in Article 6.2 below. The stall number from which to pick up the Bicycle will be indicated by the system. In Virtual Stations, the Bicycle, identified by the identification number on the frame, may only be picked up via the official app.

The User must pick up the Bicycle from the stall within 30 seconds of the display of the progressive stall number on the official app or Station display. For pickups from Virtual Stations or via QR code at all Stations, the 30 seconds shall start from the selection of the bike made by the User by framing the QR code of the chosen Bike via the special function of the official bikeMi Service app. If the pick-up is not made within the set time limit, the request will be cancelled and the operation will have to be repeated, at no additional cost to the User. With each subscription or ticket, the user may pick up a bicycle of their choice, provided that it is available, from among those with Human Propulsion, Pedal Assisted or with a Child Seat, except for the latter the exclusion for Minors referred to in 3.8 above.

5.3 Stopping while the Bicycle is rented - Should the User wish to interrupt the journey for a short stopover, but without interrupting the rental, he/she may proceed as described below, provided that the stopover does not occur in the vicinity of a Station.

When parking, the User must secure the Bicycle to a suitable fixed support (e.g. rack) using the special cable provided, which must be closed in the hole under the basket and the key must be removed and stored. Only in the case of use of a Pedal Assisted Bicycle, where the service and function allow it, as an alternative to the cable, it will also be possible to park the bicycle by closing the smart lock located on the rear wheel cover of the bicycle using the special button on the app, which authorises the closing of said smart lock. In both cases, the User or Minor remains responsible for the Bicycle as well as any keys to the lock, the time of use of the trip is not suspended and the costs continue to accrue; use will end only with the proper return of the bicycle at one of the available Stations. It shall be the responsibility of the User to secure the Bicycle while parked in such a way as not to create obstacles or dangers to traffic, whether pedestrian or otherwise, and to comply with the provisions of the Highway Code.

5.4 How to return the Bicycle. The Bicycle may be returned at any Station where the Bicycle allows it, at Physical Stations, by attaching it to a stall or, at Virtual Stations, by locking the smart lock on the rear of the Bicycle.

In the event of a correct docking at the Station, the corresponding diode on the bar will turn a steady green light. The user must ensure that the bicycle has been correctly docked by lifting the handlebar slightly upwards and checking that the diode turns a steady green light.

Closing the smart lock will be possible within the area indicated by the Virtual Station signage. Once the Bicycle is inside the Virtual Station, the system makes visible the release button which authorises the closing of the smart lock. The User must ensure that the smart lock has been correctly closed.

The system will automatically send confirmation of the correct and successful return in the following manner:

- communication via the official 'bikeMi' application, after login.

- e-mail, to the address registered by the User when purchasing the subscription.

5.5 Suspension of pickups immediately after returning the Bicycle. When returning the Bicycle after each use, the User may not access the bikeMi Service again for a period of 5 minutes: if an attempt is made to use it before this period, the app or the display on the service column will indicate that it is impossible to pick up any bicycle. If the User returns the Bicycle within 3 minutes of picking it up, suggesting that there is a technical problem with the Bicycle, the User may pick up a different Bicycle without waiting for the period referred to in the previous paragraph, repeating the operations referred to in Article 5.2. See in this regard the provisions of Art. 8.5.

5.6 Bicycle usage times. The maximum time limit for Bicycle use, in order to ensure the sharing of means which is an essential element of a BSS, is 2 (two) hours. If this limit is exceeded 3 (three) times, the user is automatically blocked and the subscription is deactivated without the possibility of recovering the amount paid for the subscription. In any event, should the User fail to complete the rental of the bicycle for a period exceeding the limit of 24 consecutive hours, a penalty shall be charged to the same, the amount of which is specified on the website "www.bikemi.it", in the "Penalties" section, in addition to the deactivation of the subscription without the possibility of recovering the amount paid for the purchase of the subscription.

ARTICLE 6 - PAYMENTS: SUBSCRIPTIONS, FEES, PENALTIES

6.1 BikeMi service subscriptions and tickets. The cost of each type of subscription and ticket indicated in Article 3.4 above is the cost in force at the time of purchase as published on the "www.bikemi.it" website and on the official "bikeMi" application, which can be consulted prior to registration for the bikeMi Service as described in Article 3 above.

6.2 User fees for the bikeMi service. The usage fees can be consulted in the relevant section on the website www.bikemi.it or on the official "bikeMi" app. The User is obliged to pay the bikeMi Service a fee in proportion to the duration of use.

6.3 Charging of subscriptions and fees.

BikeMi Service subscriptions and tickets. The fee for the bikeMi Service subscription or ticket will be charged immediately to the User's payment card.

Charges for use of the bikeMi Service. In the case of a subscription, the usage fee will be charged to the User's payment card each time:

• a predetermined amount is reached,
• a predetermined time elapses since use,
• when the subscription expires.

The amount and time are indicated on the 'www.bikemi.it' website, on the page dedicated to this purpose. The first 3 (three) minutes of use of Pedal Assisted Bikes and the first 30 (thirty) minutes of use of Human Powered Bikes are free of charge. In the case of a ticket, usage fees are included.

The usage fees and any periods of free use referred to in the previous paragraph are subject to change at any time, without prejudice to the right of the User who is a consumer to withdraw from the Contract in accordance with the Consumer Code, if the price of the bikeMI Service exceeds by 50% (fifty per cent) the price agreed at the time of acceptance of the Contract or, in the event of renewal, its renewal; it is therefore the User's responsibility to periodically check them on the price list published on the website "www.bikemi.it" and on the official "bikeMi" application.

Given the nature of the transaction, the certification of the consideration shall take place through the issue of a commercial document without fiscal value, pursuant to Article 22 of Presidential Decree 633/72. Users requiring the issue of an invoice instead of the aforementioned document may expressly request it from info@bikemi.it. For administrative reasons, the request shall be received at least one week prior to the relevant payment. In the event of a late request, the Provider shall not be required to issue an invoice.

6.4 Penalties imposed on the User. In the event of loss, theft, late or incorrect return or damage to the Bicycle, attributable to the User or to third parties who, in breach of Article 8.2, the User has allowed to use the Bicycle, the User - without prejudice to compensation for greater damages - shall be subject to the following penalties, the amounts of which are indicated on the website "www.bikemi.it", in the "Penalties" section, which the User declares that he/she has viewed and is familiar with, and that he/she finds them appropriate and proportionate to the cases listed.

1. Failure to notify bikeMi Customer Service of the absence of the confirmations of correct return of the Bicycle referred to in the last sentence of Article 5.4 above;
2. return of the bicycle 24 hours after pickup;
3. damage to the Bicycle, ascertained against the User even in the event of violation of the prohibitions set out in Article 8.2;
4. dropping off and parking the bicycle in a manner that does not comply with the preceding paragraphs or at a station/stall that is not in service;
5. loss, theft or serious damage of the Bicycle or failure to return the same if the fulfilment of the Provider’s obligations set forth under Articles 8.3 and/or 8.4 have been, in whole or in part, negligently performed or not performed by the User, the Provider reserves the right to charge the User a sum equal to the value of the lost, stolen or damaged item, up to a maximum amount as indicated on www.bikemi.it.

The User shall also be liable for any greater damage caused by means of/with the aid of the Bicycle to persons or property (including the Bicycle itself) as a result of his/her behaviour.

6.5 Method of charging penalties. The amounts relating to the aforementioned penalties shall be charged to the User's credit card. The User acknowledges and accepts that penalties may also be charged after the terms set out in Articles 4.1 and 4.2.

6.6 Obligation to communicate any changes to the credit card. The User undertakes to promptly notify the Provider of any changes to their credit card or to their personal data or that of the minor named in the Contract and user of the bikeMi Service.

6.7 Without prejudice to the provisions of the service's privacy policy, the User accepts and acknowledges that the deletion of his or her data, especially those relating to payment instruments, shall not take place until any debts due by the latter have been settled in full and, in any event, the deletion of the data shall not constitute, and shall not be construed as, a waiver of credit.

ARTICLE 7 - AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

7.1 Possible changes to the General Terms and Conditions and the remuneration by the Provider. The Provider, in order to maintain the flexibility of its business relations, reserves the right to update and/or change at any time these General Terms and Conditions regarding the use of the bikeMi Service, as well as the consideration for the purchase of subscriptions as per Articles 6.1 and 6.2, by giving written notice to the User. The amendments to these General Terms and Conditions will be effective, following publication on the Website, 30 days after the date of their communication to the User; the User's use of the bikeMi Service after 30 days from the notice implies the application of the new General Terms and Conditions; within this period, the User may terminate the Contract in accordance with the terms and conditions set out in Article 4.3 above.

ARTICLE 8 - USER'S OBLIGATIONS AND RESPONSIBILITIES

User commitments and prohibitions related to the proper use of bicycles

8.1 The User undertakes to:

1. use the bikeMi Service and thus the Bicycles with normal prudence and diligence and in compliance with the applicable laws and these General Terms and Conditions.

2. to return the bicycles at the appropriate stalls at the Physical Stations or at the Virtual Stations, as described in the previous paragraphs and, in any case, to remove any goods and/or personal effects that may have been carried on the bicycles by means of the appropriate spaces on the bicycles, it being understood that the Provider shall not assume any liability or responsibility for any goods belonging to the User that may have been left on the bicycles, which shall be disposed of during the first maintenance work on the bicycle, subject to the User being charged for the relevant costs.

3. ensure that the Bicycle is parked in a stable and secure manner so as not to cause obstruction or danger to other users or to the use of other Bicycles.

8.2 From the moment of pickup to the moment of return of the Bicycle, including the case of intermediate stops, the User undertakes to look after and use the Bicycle with normal prudence and diligence in such a way that it does not constitute a danger or hindrance to traffic and in such a way that road safety is in any case safeguarded. In the case of a Bicycle with Child Seat, the User undertakes to secure the child to the child seat by fastening the safety belts provided and to ensure that the child being transported has correctly fitted and fastened the helmet throughout the period of use of the Bicycle with Child Seat. The User undertakes to comply with the provisions of the Italian Highway Code and subsequent amendments and additions, its Implementing Regulations (Legislative Decree no. 285/1992, Presidential Decree no. 495/1992), as well as any public regulations governing the use of bicycles, and these General Terms and Conditions.

In particular, the User is forbidden to:

1. damage the Bicycles or otherwise use the Bicycles on surfaces or in conditions that could damage the Bicycles or engage in behaviour that creates a risk of damage to the Bicycles;
2. transport passengers or animated objects (such as, without limitation, animals of any kind) in any manner whatsoever, with the exception of Bicycles with Child Seats, within the limits set out in Article 3.8 and without prejudice to the prohibition of the pickup of Bicycles with Child Seats by Minors set out in Article 3.7;
3. transfer to third parties and/or allow third parties to use the Bicycles, even temporarily, unless the user of the Service is a Minor named in the Contract;
4. damage or endanger the User and/or third parties or the User's and/or third parties' property/animals through the use of the Bicycles;
5. leave the Bicycles unattended and/or unsecured with the lock provided, which must in any case be properly locked with the key removed and secured. It is not permitted to use other locks or otherwise behave in such a way as to create a risk of theft of the Bicycle;
6. use the Bicycles beyond the maximum period of use laid down in Article 5.6;
7. disassemble or attempt to disassemble all or part of the Bicycles;
8. change the structure or appearance of the Bicycles;
9. transport the Bicycles by private means;
10. make use of the Bicycles contrary to public order and public safety regulations or engage in conduct or actions that may damage the image or reputation of the Provider;
11. perform or have performed maintenance/repair work on the Bicycles;
12. in the case of Bicycles with Child Seat, use the child seat to transport things or animals;

13. in the case of Bicycles with Child Seats, transport children weighing more than 20 kg;

14. use the basket without securing what is deposited in it with the retention medium present or, if necessary, with others;

15. use the basket to carry any object weighing more than 10 kg
In the event of violation of the aforementioned prohibitions, the Provider shall be entitled to terminate the Contract pursuant to Article 12. below, without prejudice to the application of the penalties set forth in Article 6. above.

8.3 The User undertakes to return the Bicycle at a Station of their choice, within the maximum period of use of two hours. In the event of use exceeding 24 hours, the Provider shall be entitled to terminate the Contract pursuant to Article 12 below, subject to the payment of the penalties provided for in Article 6 above.

Upon the expiry of the 24th hour of absence of the Bicycle, the Service Provider shall request the User to return it by any means of communication: should the User fail to return the Bicycle or should the Service Provider fail to recover it, the penalties set forth in article 6 for theft/loss may apply. The User accepts the risk of (i) not finding Bicycles and/or Bicycles of the desired type at one or more Stations and (ii) not finding free stalls or spaces at the chosen Station or Virtual Station respectively and in such case having to extend the journey, in accordance with the provisions of Articles 5.3 and 5.4, to the nearest free Station or other Station with available stalls or other Virtual Station with available spaces.

8.4 Without prejudice to the provisions of Article 6 above, in the event of any loss, theft or damage to the Bicycle or loss/unusability of the support(s) used to use the service, the User undertakes to report such facts as soon as possible to the Provider by contacting bikeMi Customer Service.

In the event of loss or theft of the Bicycle, upon confirmation by the Provider, the User is also obliged to file a timely report - within 24 hours - with the competent authorities, subsequently sending a copy of the report to the Provider by e-mail to info@bikemi.it.

8.5 When picking up the Bicycle, the User is obliged to check that it is in perfect working order and in perfect condition, in its entirety and in all its components, and in the case of a Bicycle with Child Seat, the User must check the efficiency of the child restraint systems: if any anomaly is found, the User must immediately return the Bicycle. Furthermore, prior to use, the User is required to adjust the height of the seat according to his/her stature in order to operate the bike safely. The User's failure to immediately return the Bicycle, or the User's failure to communicate any anomalies and/or damage found during use, shall be deemed to be a declaration that the BikeMi taken delivery of is in perfect state of use and he/she undertakes to return it in the same condition, except for the battery charge in the BikeMi. The provisions of Article 5.5 shall apply.

Liability of the User

8.6 The User shall be exclusively liable for all direct or indirect damages caused to third parties (to persons, including children transported with the Bicycle with Child Seat and/or property and/or animals) as well as to himself/herself and/or property and/or animals owned by him/her, as a result of or as a consequence of the use of the Bicycle and/or the BikeMi Service, for events attributable to him/her or to third parties that, in violation of Article 8.2, he or she has allowed to use the Bike. If the user of the BikeMi Service is a Minor, or in the case of transporting a child in a child seat, the User shall be exclusively liable for all direct and/or indirect damages caused to third parties (to persons and/or property and/or animals) as a result of the use of the BikeMi, for events attributable to the Minor himself/herself or to the transported child, or to third parties who, in violation of Article 8.2, the Minor or the User has allowed to use the BikeMi.

The User shall also be exclusively liable for the loss, damage, theft of objects and/or animals on the Bicycle, even in the event of the use of the bikeMi Service by a Minor.

In the event of an accident and/or incident involving the User, the Minor, the child transported or the Bicycle, the User himself/herself, except in cases where he/she is objectively incapacitated, is obliged to immediately contact the Provider through the use of one of the bikeMi Customer Service channels until confirmation of notification of the event occurred.

8.7 The User undertakes to hold the Provider harmless from any administrative fines imposed during the use of the Bicycle due to breaches of the provisions of the Highway Code and/or its Enforcement Regulations, including in the case of use of the BikeMi Service by a Minor.

The User also undertakes to indemnify and hold harmless the Provider, even in the event of use of the BikeMi Service by a Minor, from any further actions/claims from third parties or Public Authorities as a result of facts attributable to the User or third parties that, in violation of Article 8.2, the User or the Minor has admitted to use the Bicycle.

8.8 The User declares that he/she knows how to ride the Bicycle, with particular reference to the specific type chosen by him/her (human-powered, pedal-assisted or with a child seat) and that he/she is in a condition that enables him/her to use the Bicycle perfectly.

8.9 In the event that the user of the Service is a Minor, the User declares, without thereby being in any way exonerated from full and unconditional liability for the acts and conduct, including omissions, of the Minor, that the Minor himself/herself:

1. is capable of riding a bicycle, whether human-powered or pedal-assisted;

2. is aware of the traffic regulations;

3. is in a condition that allows him/her to use the bicycle perfectly.

ARTICLE 9 - RESTRICTIONS ON THE USE OF THE SERVICE

9.1 Permitted scope of use of the User. The User consents to and undertakes to use the Card, the "www.bikemi.it" website and the official "bikeMi" app, on a personal basis and exclusively for the uses for which they are intended, in accordance with these General Terms and Conditions.

ARTICLE 10 - COMPLAINT

10.1 Each User has the right to submit complaints regarding issues related to the operation of the bikeMi Service by email to info@bikemi.it, or through the use of support channels such as the chat room on both the official bikeMi app and the "bikeMi" website. In view of the fact that a late report could jeopardise the full processing of the complaint and the necessary investigations, as well as delay any extraordinary maintenance work necessary to guarantee the safety and proper functioning of the bikeMi Service, if the complaint concerns malfunctions of the Bicycles or Stations found during a rental, the report must be made within 48 hours of the return of the Bicycle.

10.2 Complaints will be acknowledged by the Provider, at the latest, within 14 working days from the date the complaint is received by the Provider. The response to the complaint will be sent to the User via the bikeMi Customer Service channels.

ARTICLE 11 - ASSIGNMENT OF THE CONTRACT

11.1 The User, also for the purpose of facilitating the continuity of the Service, hereby authorizes the Provider, pursuant to Articles 1406 et seq. of the Italian Civil Code, to assign the Contract to third parties.

ARTICLE 12 - EXPRESS TERMINATION CLAUSE AND SUSPENSION OF SERVICE

12.1 Express termination clause. Without prejudice to what is provided for elsewhere in these General Terms and Conditions, as well as to the application of the law, the Provider shall be entitled to terminate the Contract, pursuant to and for the purposes of Article 1456 of the Italian Civil Code, by simple written notice to the User, in the event of the following occurrences:

- failure by the User to activate the daily or weekly subscription within 30 days of purchase, in accordance with Article 3.3;

- violation of the rules on access to the BikeMi Service by Minors referred to in Article 3.7;

- violation of the time of use referred to in Article 5.6;

- breach of the obligations and prohibitions provided for in Articles 8.1, 8.2 and 8.3;

- violation of the prohibition of restrictions on the use of the service set out in Article 9;

- violation of the prohibition of assignment of the contract in Article 11;

- use of insulting and/or offensive expressions towards the personnel employed, in whatever capacity, by the Provider, including those employed in the call centre service.

This is without prejudice, in any event, to the application of the penalties provided for in Article 6.

In the event of termination, the User, in order to use the bikeMi Service again, must sign a new Contract and a new subscription: in the event of repeated negligence/misbehaviour, the Provider reserves the right not to accept the purchase of new subscriptions.

12.2 Suspension of the bikeMi Service. In the event that the User fails to pay any of the sums charged to the User for any reason under the Contract (such as, for example, the purchase price of the subscription, the fee for the use of the Bicycles, penalties), the Provider shall be authorised to suspend the bikeMi Service until the User has paid the balance of his or her debt.

ARTICLE 13 - JURISDICTION AND APPLICABLE LAW

13.1 For any dispute that may arise in connection with the interpretation and/or execution of the Contract and the use of the BikeMi Service, the Court of Milan will have exclusive jurisdiction.
13.2 For disputes with consumers, the jurisdiction of the Court of the place where the consumer has his residence or domicile remains unaffected.

13.3 This Contract shall be governed by Italian law.