Regulation for the use of the bicycles

This text sets out the regulations for the use of bicycles, through which the conditions and procedures for using them are regulated. With this regulation, the User or Customer is informed about the conditions, responsibilities, methods and procedures to be implemented and respected for the use of the bicycles owned by TOB srls, rented by the same, which may be indicated below as " Bicycles ”or“ Vehicle / s ”.In the event of disputes due to linguistic or any other type of interpretation, the language that will have legal and therefore prevailing value will be the Italian one.

1. The user is responsible for the bicycle entrusted to him until it is returned to TOB srls, and is also responsible for any damage caused to himself, to the bicycle, to third parties and to property during use of the vehicle. TOB srls cannot be asked for any form of compensation.
   
   
2. The user must check the functionality of the bicycle at the time of collection and use it personally if it is deemed suitable for use, so do not pass it on to third parties.
   
   
3. The user must absolutely not tamper with and / or modify any mechanical part of the bicycle.
   
   
4. In the case of a tour, the user must diligently and scrupulously follow the instructions on the use of electric bikes that will be given by the guide / companion during the tour.
   
   
5. The user must keep and use the bicycle diligently and return it in the same condition in which it was collected. It is strictly forbidden to go up and down sidewalks by bicycle.
   
   
6. During use, except as indicated in the following art. 7, the user does not have any form of insurance (theft and / or damage) nor is the bicycle covered by liability insurance.
   The user is therefore required to ride the bicycle in full compliance with the rules of the highway code. TOB srls, declines any form of responsibility in case of improper use of the vehicle or failure to comply with the rules of the highway code by the user.
   
   
7. During the purchase of the product, or before the departure of the tour/bike rent, the customer can take out third party liability insurance, the conditions and information file of which are indicated and available for consultation on the website www.tourismonbike.com. By subscribing and / or paying the liability insurance policy, the customer declares to have read the information previously cited on the site, to have understood them and to accept them all without reservation.
   
   
8. TOB srls directly or through persons indicated by it, may carry out checks on users during the use of bicycles and may request their return if it recognizes the conditions of improper use of the vehicle. TOB srls, may refuse the use of bicycles to people who present themselves in a state of drunkenness or under the influence of drugs (pursuant to articles 186/187 of the highway code) and for other reasons at the sole discretion of TOB srls itself .In case, upon the occurrence of the above events, TOB srls will not be obliged to pay and / or return the amount paid by the user, reserving the right to proceed to request further damages suffered or suffered.

9. In case of loss of the bicycle accessories or for damage TOB srls will ask the customer for the sum necessary for the original restoration of the bicycle. In the event of total theft, the user will have to compensate Tob srls for the established amount of € 700.00 for each electric bicycle and € 180.00 for each muscle bicycle, excluding VAT.
   
   
10. The bicycle must be returned, at the end of use, in the same place where it was picked up. The bicycle is considered returned, with the countersigning of the return form; the parking of the electric bicycle outside the pick-up point cannot be considered as redelivery. Failure to return the bicycle, within a maximum of 3 hours beyond the time established for the return, will be considered as a crime of theft and therefore reported to the judicial authorities, subject to payment of the hours exceeding the agreed return time, at € 5.00 for every 20 minutes of delay or part thereof.
    
    
11. While traveling, the bicycle must absolutely not be left unattended, even temporarily.
    The user is aware and accepts that the bicycle is not insured against theft and damage.
    Furthermore, if the user has not previously subscribed and paid for third party liability insurance, as indicated in Art. 7 of this regulation, does not enjoy any insurance coverage for civil liability for damage caused to third parties and / or to himself.
    The user will have the foresight to implement all the necessary precautions to ensure safety during periods of rest. In the event of theft, the user will respond directly and will pay TOB srls, owner of the same, the full amount of the bicycle as indicated in art. 9 of this regulation. The user / user must also submit to TOB srls a copy of the report made to the competent bodies no later than 24 hours after the theft. The amount equal to the value of the stolen bicycle will be returned to him in the event of the vehicle being found or recovered, as long as it has not been damaged, vandalized or tampered with, in which case only the amount equal to the cost incurred for the necessary repairs carried out to efficiently restore the functioning of the bicycle, should it be repairable.
    
    
12. The user must pay the relative payment from the moment of the start of use (if he has not made the payment through the site "www.tourismonbike.com"), in addition to any charges due to the return, for damage, total theft or partial.
    
    
13. On the basis of what is indicated in Articles 9, 10 and 11 of this regulation, the user undertakes without reservation, explicitly renouncing the right of recourse, to the payment to TOB srls, of the amount due no later than 5 ( five) days from the date of use of the bicycle. In case of non-compliance with the above, or failure to pay the amount due, TOB srls will proceed by legal means to see its due payments fulfilled.
    
    
14. For safety reasons, the use of electric bicycles is not allowed for children under the age of 12 twelve. For underage users, the presence of an adult (18 eighteen years and over) will be required, who will assume civil and legal responsibility for any damage caused by minors for the use of the bicycles entrusted to them as well as for any damage caused to himself, to third parties or violations of this regulation. The transport of children by bicycle is allowed, in compliance with the rules laid down by the highway code. To this end, Tob srls will make available to the renter (for a fee), suitable equipment (Article 68 paragraph 5 of the Italian Civil Code), or special seats that can be installed on the bicycle, and a protective helmet for children, both approved in accordance with the law. Even in this case, the person who drives the bicycle (renter) is responsible for any type of civil and criminal liability regarding the occurrence of situations that may cause damage to the child being transported, such as, purely by way of example, accidental falls. , injuries, temporary or permanent physical damage, or anything else deriving from the transport of the minor, including making sure that the seat is properly anchored to the bike. In all the aforementioned cases, the user / hirer indemnifies Tob srls from any type of liability, both civil and criminal, all included, none excluded.
    
    
15. In the event of a sudden breakdown and / or damage while using the bicycle, nothing can be raised against TOB srls; it remains the user's responsibility to check that the bicycle is in order, in every function, at the time of its delivery.
    
    
16. The user (renter) and the person in charge of the facility (renter) assigned to the service at the time of delivery of the bicycle will check the state of functionality of the same and accessories. By taking delivery of the bicycle or the accessories, the user recognizes it as mechanically efficient or is informed of any admissible and minor fault in the event that the latter is due to ordinary consumption of the bicycle (or accessories) and does not constitute a danger for riding a bicycle. The user is required to notify the renter of any failure of the bicycle and accessories if he notices it immediately after taking delivery and, however, before leaving the renter's office.
    
    
17. The user with a non-functioning bicycle or one who has suffered damage during the journey can change his vehicle with another one that is functional, (only and exclusively if there are still vehicles available at the starting stall), by promptly contacting the facility where has used the service. In this regard, he must immediately inform the renter of the reasons that caused the damage to the bicycle. The rental agreement provides for the possible replacement of the bicycle or accessories, as previously highlighted, subject to availability, with one of the vehicles available to the renter at that time, even if different in technical characteristics. In the event that the renter does not have a replacement bicycle (accessories), he is not required to reimburse the user (the renter). The renter takes into account the rules indicated in this point in the event that the returned bicycle or the accessories have not been damaged due to the negligent behavior of the user (of the renter).