Regulation for the use of the bicycles
This text sets out the regulation for the use of electric 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 electric 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 Italian.
- The user is responsible for the electric bicycle entrusted to him until it is returned to TOB srls, he is also responsible for any damage caused to himself, to the bicycle, to third parties and to property while using the vehicle. TOB srls cannot be asked for any form of compensation.
- 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, therefore do not sell it to third parties.
- The user must absolutely not tamper with and / or modify any mechanical part of the bicycle.
- 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.
- 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.
- During use, the user does not enjoy any form of insurance (theft and / or damage) nor is the electric 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 road by the user.
- TOB srls directly or through persons indicated by it, can carry out checks on users during the use of bicycles and can request their return if it recognizes the conditions of improper use of the vehicle.
TOB srls, may refuse the use of electric bikes to people who are drunk 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 have the obligation to pay and / or return the amount paid by the user, reserving the right to proceed to request further damages suffered or suffered.
- In case of loss of bicycle accessories or for damage TOB srls will ask the customer for the sum necessary for the original restoration of the bicycle, on the basis of what is indicated in the spare parts and time tables, published on the website www.tourismonbike.com under the item "Our vehicles" sub-items "Spare parts" and "Tempario". To define the total cost of the damage, the items in the "Spare parts" table (cost of spare parts) must be added to those in the "Timetable" table (labor cost), the total will constitute the quantifiable amount of any damage. In the event of total theft, the user must compensate Tob srls for the amount established at € 700.00 for each bicycle.
- 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 after 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.
- 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 and that he 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 case 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. 8 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 bicycle object of the theft will be returned to him in the event of the vehicle being found or recovered, provided that it has not been damaged, vandalized or tampered with, in which case only the amount equal to cost incurred for the necessary repairs carried out to efficiently restore the functioning of the electric bicycle, should it be repairable.
- The user must pay the relative payment from the moment of the start of use (if he has not made the payment by registering on the site "www.tourismonbike.com"), in addition to any charges due to the return, for damages, total or partial thefts.
- Based on what is indicated in Articles 10 and 11 of this regulation, the user undertakes without reservation, explicitly renouncing the right of recourse, TOB srls to pay the amount due within and no later than 5 (five) days starting from the date of use of the electric 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.
- For safety reasons, the use of electric bicycles is not allowed to children under the age of 12 twelve, in any case for underage users, the presence of an adult (18 eighteen years and over) will be required, who will assume the civil and legal liability of any damage caused by minors for the use of the electric bicycles entrusted to them as well as any damage caused to himself, to third parties or violations of this regulation, indemnifying Tob srls from any type of liability as of now both civil and criminal, all included, none excluded.
- In the event of a sudden breakdown and / or damage during the use of the electric bicycle, nothing can be raised against TOB srls; it remains the user's responsibility to check that the electric bicycle is in order, in every function, at the time of delivery.
- 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 if the latter is due to ordinary wear of the bicycle (accessories) and does not constitute a danger. for bicycle riding. 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.
- The user with a non-functioning bicycle or one that 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 for 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 (the renter).