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 16 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 Jolly Pubblicità 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;
-“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 Milano, 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 bikeMi SERVICE
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 20.00 kg.
ARTICLE 3 – REGISTRATION AND SUBSCRIPTION TO THE SERVICE
3.1 Registration Access to the bikeMi Service is conditional on registration, which in turn requires:
- acceptance of General Conditions, confirmed by signing the agreementand
- perusal of the Privacy Statement attached to the Agreement (options for consent regarding personal data).
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 subscription available: duration, start date and cost. At the moment of registration, the User can select one of the following types of 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;
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.
3.5 Subscription 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 for subscription to the bikeMi Service can be remitted only by credit card — Master Card, Visa or American Express — covered by a bank credit line. When signing one of the subscriptions identified in article 3.4, Users are under obligation to supply the Provider with details of the credit card used for payment of the subscription, while also authorizing the Provider to verify their solvency with the bank indicated. 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 9 below.
3.7 Access to the Service by Minors The bikeMi Service can also be accessed by minors, on the condition that the Agreement and subscription are endorsed by at least one parent/guardian, following the procedures indicated in article 3.2. In this instance the Agreement must indicate the personal details of the Minor who will be using the bikeMi Service. The User must supply details of the credit card used for payment of the subscription. 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 9 below. The User — not bound in this instance by the transfer restriction of article 7.2 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 16 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 Child Seat, it can be used, in line with the prohibition imposed under article 7.2, section 2, only to carry a child weighing no more than 20 kg whose parent or guardian the User happens to be, or whose parents or guardians may have given the User specific authorization. The transportation of the child will occur, in any event, only under the supervision and surveillance of the User. It is a mandatory requirement that the child passenger wear a helmet (fitted and fastened), and the safety belts of the child seat must also be fastened. The use of a Bicycle with Child Seat does not involve any processing, by the Provider, of personal data relating to the child passenger.
3.9 It is understood that Clear Channel 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 Clear Channel 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. With annual subscriptions, membership is renewed automatically at the end of the twelve month period for a further twelve months, at the rates currently applicable on the date of renewal, unless the User expressly wishes otherwise, in which case notice of the intent not to renew must be given at least 15 days prior to the expiry of the twelve month period in an e-mail sent to info@Bikemi.it.
4.2 Duration of weekly and daily subscriptions. The weekly and daily subscriptions expire respectively once the 24, 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 from the agreement by presenting written notice of intent no later than 20 days after Registration, by Certified Electronic Mail (PEC) or registered letter with advice 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.
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 a subscription on an annual/monthly/weekly/daily basis;
2. Minors (at least 16 years of age) whose use of the service has been approved by a parent/guardian.
3. children weighing less than 20 kg, exclusively as passengers occupying the seats of Bicycles with Child Seat, under the supervision and surveillance of a User who may be the parent or guardian of a 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 an annual subscription, the User or Minor can pick up a Bicycle by taking it from a slot, after presenting the Card to a reader positioned on the service column, or having unlocked the Bicycle utilizing the official “bikeMi” App. In the case of a daily/weekly/monthly subscription, the User or Minor can pick up a Bicycle by taking it from a slot, having unlocked it utilizing the official “bikeMi” App.
Users have the choice of picking up a Human Powered Bicycle, an Electric Pedal Assisted Bicycle or a Bicycle with 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.
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 App. If the Bicycle is not removed from the slot within this time limit, the procedure will be cancelled and the operation must be repeated, in this instance at no extra cost to the User. For each subscription purchased, the User can select a Human Powered Bicycle, an Electric Pedal Assisted Bicycle or a Bicycle with Child Seat, with the exception that the Child Seat option is not available to Minors (see 3.8).
5.4 Procedure for returning the Bicycle. The Bicycle can be returned to any Station, by docking it in a vacant slot (when correctly docked, the relative light on the rail will turn green and remain permanently alight).
The User or the Minor must make certain that the Bicycle is correctly docked, by lifting the handlebars slightly and checking that the light turns green and remains permanently alight.
The system will automatically send a message confirming that the Bicycle has been returned:
- by e-mail, to the address given by the User at the moment of purchasing the subscription. The send option can be deactivated (not recommended);
- push notification, via the official “bikeMi” App, after logging in.
Should there be no slots free at the selected Station, the User or the Minor can return the Bicycle to another Station within 15 minutes, at no extra charge.
To locate the nearest Station, in this situation, the User (or the Minor) must present the membership Card to the reader on the service column, and the necessary information will be indicated in the display.
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 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 7.5 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, as specified in article 3.4. 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 or in the official "bikeMi" App, and the subscription deactivated without any possibility of recouping the payment remitted for its purchase.
ARTICLE 6 – SUBSCRIPTIONS, RATES, POSSIBLE CHANGES TO THE GENERAL CONDITIONS
6.1 Subscriptions. The cost for each type of subscription 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.
6.2 Rates for use of the bikeMi Service. The rates for use of the service can be viewed in the relative section of the www.bikemi.it website and on the official bikeMi App. Payment for utilization of the bikeMi Service is remitted by the User in proportion to the duration of access. The charge for each half-hour of use, excluding the complimentary first half-hour in the case of Human Powered Bicycles, will be debited periodically to the credit card of the User.
The rates for use are subject to change at any given moment, 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. Pursuant to article 22 of Presidential Decree 633/72, having taken out a subscription of whichever type, Users who require an invoice for accounting purposes must present a specific request to firstname.lastname@example.org either before or at the moment of remitting payment.
6.3 Possible changes to General Conditions and subscription rates made by the Provider. The Provider, in seeking to maintain flexibility of business relations, remains at liberty to update and/or make changes to these General Conditions for access to the bikeMi Service, and to the fee for the purchase of subscriptions as indicated in article 6.1, 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 7 – OBLIGATIONS AND RESPONSIBILITIES OF THE USER
Rules to be observed by the User regarding correct utilization of Bicycles
7.1 The User undertakes to utilize the bikeMi Service and the Bicycles with the care and attention of a conscientious custodian, in accordance with current statutory regulations and with the terms of these General Conditions.
7.2 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:
7.3 The User undertakes to return the Bicycles to a Station of choice by the end of the maximum time allowance as indicated in article 5.6 above, and in any event no later than 24 hours after pick-up. Should any of the above prohibitions be violated, the Provider will be at liberty to cancel the Agreement in accordance with the terms of article 12 below, without prejudice to the application of penalties as in article 9.
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 9 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.
7.4 Without prejudice to the provisions of article 9 below, 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 info@bikeMi.it.
7.5 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
7.6 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 7.2, 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 7.2, 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 ATM Infoline on 02 48 607 607.
7.7 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 7.2, have been given the use of the Bicycle by the User or the Minor.
7.8 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.
7.9 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 8 – RESTRICTIONS ON USE OF THE SERVICE AND NON-TRANSFERABILITY
8.1 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 9 – PENALTIES
9.1 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 7.2, 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 and in the official "bikeMi" App, of which the User declares full awareness and familiarity, and moreover that they are reasonable and proportionate to the circumstances 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 8;
3.loss, theft, serious damage, or failure to return the Bicycle: in the event that action duly taken by the Provider in accordance with article 7.3 above has proved fruitless, or that action required in accordance with article 7.4 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 and in the official "bikeMi" App.
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.
9.2 Penalty for non-activation of the bikeMi Service. In the event of failure to activate a monthly, weekly or daily subscription as indicated in points 3.4. b) and 3.4. c) above, the Provider will be entitled to retain the payment remitted by the User for the purchase of the subscription, by way of penalty, as indicated in article 3.3.
9.3 Method of debiting penalties. The amounts chargeable in respect of the aforementioned penalties will be debited to the credit card of the User.
9.4 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 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
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 7.1., 7.2. and 7.3.;
- failure to return the Bicycle within the maximum time limit of 24 hours, as indicated in article 7.3.
Termination of the Agreement will not affect the applicability of penalties in accordance with article 9.
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
Any disputes arising out of the interpretation and/or performance of the present Agreement and the use of the bikeMi Service shall be submitted exclusively to the Law Courts of Milan.
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.