For simplicity, these technologies are succinctly referred to as “Tracking Tools” in this document, unless there is reason to differentiate.
For example, although Cookies can be used in both web and mobile browsers, it would be inappropriate to talk about Cookies in the context of mobile applications, since they are Tracking Tools that require the presence of a browser. For this reason, within this document the term Cookie is used only to refer specifically to that particular type of Tracking Tool.
Some of the purposes for which Tracking Tools are used may, in addition, require the User’s consent. If consent is given, it can be freely revoked at any time by following the instructions in this document.
This Website uses Tracking Tools operated directly by the Owner (commonly called “first-party” Tracking Tools) and Tracking Tools that enable services provided by third parties (commonly called “third-party” Tracking Tools). Unless otherwise specified within this document, such third parties have access to their respective Tracking Tools.
Duration and expiration of Cookies and other similar Tracking Tools may vary depending on what is set by the Owner or each third-party vendor. Some of them expire at the end of the User’s browsing session.
In addition to what is specified in the description of each of the categories below, Users can obtain more detailed and up-to-date information about the duration, as well as any other relevant information – such as the presence of other Tracking Tools – in the privacy policies of the respective third-party providers (via the links made available) or by contacting the Controller.
Activities strictly necessary to ensure the operation of this Web Site and the provision of the Service
Other activities involving the use of Tracking Tools.
Enhancing the Experience
This Web Site uses Tracking Tools to provide a personalized user experience, enabling better management of personal settings and interaction with external networks and platforms.
This Web Site uses Tracking Tools to measure traffic and analyze Users’ behavior with the goal of improving the Service.
Locate Settings Related to Tracking Tools
Users can, for example, find information on how to manage Cookies in some of the most popular browsers at the following addresses:
Microsoft Internet Explorer
Users can also manage certain Mobile Application Tracking Tools by disabling them through the appropriate device settings, such as mobile advertising settings or tracking-related settings in general (Users can consult their device settings to locate the relevant one).
Consequences of withholding consent
Users are free to decide whether or not to give consent. However, note that the Tracking Tools enable this Web Site to provide a better experience and enhanced functionality to Users (consistent with the purposes outlined in this document). Therefore, in the absence of the User’s consent, the Owner may not be able to provide the related functionality.
BIT MOBILITY LTD
29/2 Rossini Street
37012 Bussolengo VR – Italy
Holder’s email address: firstname.lastname@example.org
Given the objective complexity of identifying tracking technologies, Users are encouraged to contact the Owner should they wish to receive further information regarding the use of such technologies on this Web Site.
INFORMATION AND CONSENT PERSONAL DATA COLLECTION
We inform you, in accordance with Art. 13 of EU Regulation no. 679/2016 and Art. 13 of Legislative Decree. n. 196/2003 that Bit Mobility S.r.l. will proceed to the processing of the data you provide in compliance with the legislation on the protection of personal data processing. The provision of freely provided data is necessary for the purpose of:
a) to provide the free floating rental service freely chosen by you as well as to enable Bit Mobility S.r.l. to carry out statistics related to the Service offered;
b) provide, with your express consent, commercial and/or promotional information as well as send advertising material on products, services and other activities of Bit Mobility S.r.l. The processing of data for each of the above purposes will take place by paper, automated and telematic means and, in particular, by ordinary or electronic mail, telephone.
Who processes your personal data
The owner of any processing of personal data operated by our company is Bit Mobility S.r.l., legally represented by Michela Crivellente, P. IVA 04630310235, with registered office in Bussolengo (VR) – via G.Rossini, 29/2, contactable at the following email address email@example.com or by registered mail to the registered office. Your data will be processed by in-house personnel specifically authorized and designated as “Authorized Processors,” periodically trained and updated on their roles, responsibilities, tasks and processing methods, and placed under the direct control of the data controller.
Purpose and Legal Basis for Processing
The communication of personal data and its processing is optional, but a refusal determines the impossibility of using the free-floating rental service and receiving also by e-mail, of informative and/or promotional and/or marketing material. The legal basis for the processing of communicated data is express consent of an optional nature.
The purposes of the processing are as follows:
– Use of the free-floating rental service;
– enjoyment of reserved promotions/discounts and sending also by e-mail, dimaterial informative and/or promotional and/or marketing;
– profiling, which will be developed by necessarily combining human intervention with automated means, and will make it possible to know and catalog the ways of using the electric devices owned by Bit Mobility S.r.l. based on the following criteria: age, gender, average distance traveled, time slots of greatest use of the means, place of use; the results obtained will be managed by data processors employed by the company and will be functional to the choice of the number of devices to be provided in sharing, the placement of the same and to launch promotions and discounts of the services offered by Bit Mobility S.r.l, such operation will not cause legal effects that will affect the data subject nor will it significantly affect personal rights and freedoms.
– Fulfillment of national regulatory requirements. The processing of your personal data to fulfill regulatory requirements is mandatory and, therefore, your consent is not required for that reason.
It should be noted that the personal data of a minor under the age of 18 under no circumstances will be used for profiling purposes.
Source of personal data
Time and manner of storage and processing
Data will be stored in digital form for as long as necessary for the purposes for which they are processed, after which they will be permanently destroyed; the company’s server is located within the European Union and they are not disseminated. Data management is carried out in a manual and automated manner in the following ways: manual entry into the computer program and querying of the system based on established criteria (which can be changed from time to time) by company personnel; profiled data processing by authorized parties for the above purposes.
Right of Access
Pursuant to Art. 7 of Legislative Decree. n. 196/2003 and EU Regulation no. 679/2016, You have the right at any time to obtain from the Data Controller information about the processing of your data, its methods and purposes and the logic applied to it as well as:
– Confirmation of the existence of the data and communication of them and their origin;
– the identification details of the Data Controller and the Data Processors as well as the subjects or categories of subjects to whom the data may be communicated or who may become aware of them as Data Processors or appointees;
– updating, rectifying and supplementing data;
– the cancellation, transformation into anonymous form, limitation the blocking of data processed in violation of the law;
– A statement that the operations referred to in paras. 3) and 4) have been brought to the attention of those to whom the data have been communicated and disseminated, with the exception of cases in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right;
– to object: to the processing of data, even if relevant to the purpose of collection, for legitimate reasons;
– Withdrawal of consent that does not affect the lawfulness of processing based on consent already given;
– the right to lodge a complaint with the national supervisory authority: Garante per la Protezione Dati Personali, based in Piazza di Monte Citorio, no. 121, 00186 ROME and e-mail: firstname.lastname@example.org.
The Data Controller is Bit Mobility S.r.l., with registered office in Bussolengo (VR) – via G.Rossini, 29/2.
To exercise your rights under EU Regulation no. 679/2016, write to email@example.com or by registered mail to be forwarded to the above registered office; the Data Controller will respond within 5 working days. To find out the updated list of Data Processors, contact the Data Controller. Objection to processing The data subject has the right to object at any time on grounds relating to his or her particular situation to the processing of personal data concerning him or her in accordance with GDPR 679/2016, Art. 6) para. 1, letter (e) or (f) on the basis of these provisions. Where personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her carried out for such purposes including profiling insofar as it is related to such direct marketing. Opposition does not invalidate the legitimacy of the processing that took place according to the regulations in force prior to the opposition.
GENERAL TERMS AND CONDITIONS FOR THE USE OF SERVICES
1.Terms and Conditions of Service Use.
1.1 This contract defines the general terms and conditions of use of the services offered by Bit Mobility S.r.l. (or “the Company”), based in 37012 Bussolengo (VR), Via G.Rossini, 29/2, P. IVA 04630310235.
1.2 The User agrees to exhaustively read and accept all the terms and conditions of these General Terms and Conditions for the use of the services, including the disclaimer and release in favor of Bit Mobility S.r.l.
1.3 Before using the services offered by Bit Mobility S.r.l. by means of the Bit App, as part of the policy of fairness and transparency that characterizes the Company, the User is invited to carefully read these “Rules-General Terms and Conditions”, which govern the use of the services offered through the App.
1.4 “Regulations-General Terms and Conditions” also means any notes, informational notices, pop-ups, legal notices, or disclaimers posted at www.bitmobility.it or on App Bit, as well as any references through links to this page or other external links.
1.5 The User, by merely accessing the App or the Site, declares that he or she simply and unreservedly accepts these Rules-General Terms and Conditions expressed herein and, in any event, declares that he or she individually adheres to the separate Terms and Conditions indicated, where express acceptance is required.
1.6 Accessing and browsing the site or using the App and its related functions shall in all cases constitute express acceptance of these General Terms and Conditions and the consequent obligation to comply with them.
1.7 These Regulations-General Terms and Conditions expressly refer to the state and municipal regulations in force in the territory in which the circulation of the rented Electric Devices takes place, and the User is therefore obliged to comply with all the circulation and parking rules set forth in the relevant regulations (which can be consulted through the appropriate link published on the website www.bitmobility.it).
1.8 The User is encouraged to save a copy of these Rules-General Terms and Conditions for further study or future reference and the User, in the event that the User does not wish to accept these Rules-General Terms and Conditions, in whole or in part, or any other
note, link, or reference therein, is invited not to use the services offered by Bit Mobility S.r.l..
1.9 In order to ensure the security of the data and information entered by the User in the App, he/she is obliged to keep the credentials for accessing the App in a safe and non-accessible place, exonerating the Company from any fraudulent access or use by anyone.
2.Scope of services.
2.1 The services provided by Bit Mobility S.r.l. include, but are not limited to, (1) the Bit mobile application (“Bit App”) and related website, (2) Bit electric devices (“Vehicle,” “Electric Device,” “Scooter, or Bicycle”), and (3) all related equipment that may be provided, maintenance, charging of Electric Vehicles, and information provided or made available by Bit Mobility S.r.l.
2.2 The Electric Devices, the App, and the website www.bitmobility.it are the exclusive property of Bit or granted in any capacity to the same Company for its exclusive use. The User agrees not to disassemble, modify, repair, deface, cover or conceal in any way any Electrical Device and/or any part thereof. It is also not permitted to use any Device or service provided by Bit Mobility S.r.l. for advertising or commercial purposes without the written consent of the Company.
3. Rental and use of electrical devices.
3.1 The User, under his or her own responsibility, declares that he or she is the sole user of the rental service and is responsible for compliance with these Regulations – General Terms and Conditions, with the legal provisions on electric micro-mobility and in particular with the Highway Code and with the specific use stipulated in the vehicle registration certificate; the User undertakes to prevent third parties from using the rented Electric Device through the User’s personal data and credentials. Therefore, it is expressly forbidden for the User to grant third parties the use of the rented Electric Device with its credentials, as well as to allow third parties to use its credentials to rent Bit’s Electric Devices. It is understood that Bit Mobility is exempt in all cases from any liability for damage to property and persons resulting from the use of the vehicle in violation of this provision. Before starting the rental, the User is obliged to take a full look at these instructions for the use of the Vehicle, which are always schematically usable by App before starting the vehicle (scooter, scooter or bicycle) and always accessible by App in the “How It Works” section.
3.2 The use of electric scooters is expressly prohibited by the Law and these Regulations to children under 14 years of age. The User who uses the above services declares that he/she is at least 14 years old and possesses a suitable valid Driver’s License that has not been suspended, withdrawn, or revoked as of the date of registration for the service offered by Bit and the individual rentals. The User must be in possession of a Driver’s License during the entire rental period. Any suspension or withdrawal of the License will result in suspension from access to the electric scooter rental service, subject to Bit Mobility’s right to order the deletion of the User’s account.
3.3 Enrollment in the electric scooter rental service is made by means of a contract proposal formulated by the User with the complete entry of the required data in the electronic form available in the appropriate section of the App (“My Profile” – “Request Scooter Rental Enablement”), uploading of valid driver’s license and subsequent saving of data having the value of subscription and sending the form to the company. The User declares under his/her own responsibility that he/she has entered true personal data, valid driver’s license and ID. The proposal is valid for 48 hours starting from the date of submission of the form (saving data in App). The Contract for the use of the electric scooter rental service, governed by these Regulations-General Terms and Conditions, is concluded when the User receives the notice of acceptance from Bit Mobility. Within 48 hours from the date of signing and sending the electronic proposal form, Bit Mobility, after verifying that the User meets the requirements set out in Section 3.2, will communicate by App the acceptance of the contract proposal and the consequent qualification to rent electric scooters.
3.4 The electric scooter is put into operation by selecting via App the “Start Rental” button, the scooter then goes into “stand-by” mode and can be turned on by pressing the red power button located on the handlebar only after the kickstand is lowered. In the event that the Vehicle is unfit for use because it is damaged or there is not the presence of even one of the two helmets in the top box or the Vehicle’s registration papers, the User shall report the anomalies found and/or the lack of even one of the two helmets and immediately release the Vehicle unfit for use. At the end of the rental, the User, before closing the rental, must release the helmets into the helmet box provided. Failure by the User to report the anomalies found and / or the lack of even one of the two helmets will result in the User being directly charged the penalty of € 150.00 on the means of payment indicated by the same during registration.
3.5 Registration for the scooter and bicycle rental service is done by registering personal information in the appropriate section of the Bit Mobility App and uploading valid ID with subsequent creation of personal account. The User declares under his/her own responsibility that he/she has entered true biographical data and valid identity document. The use of electric scooters is expressly prohibited by the Law and these Regulations to minors under the age of 14. The User who uses the electric scooter rental service, under his or her own responsibility, declares that he or she is at least 14 years old. Violation of this provision entails the inoperability of the insurance coverage for civil liability contracted by Bit Mobility, resulting in the insurance company’s right of recourse against the driver/user of the device and/or the exerciser of parental authority/responsibility over the minor, of what the latter is required to pay in favor of third parties and/or Bit Mobility. In any case, Bit Mobility is exempt from any liability for damage to property and persons resulting from the use of the vehicle in violation of this provision. Scooters and electric bikes can also be used in “group ride” mode, which allows the User to unlock multiple scooters or bikes (up to a maximum of 8) with one account. In that case, the main account (i) will be responsible for the secondary scooters and bicycles, and the primary account holder declares under his or her own responsibility that all other users are over the age of 14; (ii) will be the only one to benefit from conventions, discounts, packages, and passes in relation to the ride of the first unlocked vehicle, while for scooters only, the second unlocked vehicle will enjoy a discount on the regular ride fare; (iii) may close the rental of the scooters unlocked with the group ride only if they are in the vicinity (max 100 meters) of the main account holder (i.e., the first one unlocked); (iv) at the close of the rental will be responsible for taking the parking verification photo for each rented vehicle; (v) will receive all notices and reports of scooter rentals unlocked with the group ride (e.g., exit operating area, inability to park, rental summary, etc.).
3.6 The electric scooter is started by pressing the acceleration control and simultaneously pushing forward with one foot. You represent that you are a competent user, are familiar with the operation of the Electrical Device, and are physically fit to use the Device. Use is prohibited for individuals with a body weight of 100 kg or more. The User agrees to adjust his or her driving behavior and braking distance to suit all conditions and variables, including weather, traffic, and road pavement condition.
3.7 the User expressly agrees to use any Electric Device rented in accordance with the provisions of the law, regulations, and/or municipal ordinances and resolutions that stipulate the manner of use, traffic limits, and parking arrangements for Electric Vehicles.
3.8 The areas in which Electric Vehicles are allowed to circulate are defined by Bit Mobility in compliance with State and Municipal regulations (which can be consulted through the appropriate link published on the website www.bitmobility.it) that the User declares to know and respect. Bit Mobility reserves the right to change (expand or restrict) the areas of service delivery without the User being able to raise disputes or exceptions and without being able to request withdrawal from active packages or subscriptions and refund of the price. The User is therefore obliged, before starting the rental, to check what specific areas of circulation are allowed in the relevant municipality, in any case, circulation in the preferential lanes reserved for cabs and/or public transportation is prohibited. The areas in which the circulation of electric scooters is allowed may not be connected to each other, therefore, for the sole purpose of allowing circulation in all permitted areas, Bit Mobility identifies by App with the color blue the entire service coverage area, which is therefore always wider than the area in which circulation is allowed under current regulations and therefore does not necessarily coincide with the latter. A User who, in order to reach an area where circulation is permitted, finds himself/herself crossing an area where circulation is prohibited, shall push by hand the scooter for which he/she has activated the rental, until he/she reaches the permitted circulation area.
3.9 Areas identified by App with the color red are “no parking areas,” the User is therefore obligated not to terminate the rental in such areas. In the areas identified by App with yellow color the electric scooter will automatically limit its speed to 6 km/h, in any case in these areas the User is obliged not to exceed this speed. The areas identified by App with the color purple are “no parking” areas where the User must observe the maximum speed of 6 km/h. Areas identified by App with the color orange are limited parking areas (allowed only in the virtual stalls identified in App and/or stalls identified on the road with appropriate signs) in which the electric scooter will automatically limit its speed to 6 km/h, in any case in these areas the User is obliged not to exceed this speed.
3.10 In case the User exits the service coverage area (delimited by App with blue color) the electric scooter will automatically limit the speed to 10 km/h, the User is obliged to re-enter the service coverage area within 5 minutes. Starting from the sixth minute of circulation outside the service area, the User will automatically be charged a penalty of 20 cents per minute in addition to the fare applied to the ride. Exceeding 5 minutes of rental outside the service coverage area or in areas where traffic is prohibited Bit Mobility reserves the right to close the rental remotely, even without prior notice and charge a penalty for the recovery of the vehicle equal to € 15. In addition, the rental of the Device cannot end (i) outside the service coverage area; (ii) In areas where circulation is prohibited; (iii) in “no parking” zones. In any case, if Devices are left in areas where traffic is prohibited, outside the service coverage area or in “no parking” zones, the Company at its sole discretion, reserves the right to charge a recovery penalty of €15. Outside the service coverage area, the electric scooter will be allowed to circulate within the rules of the Highway Code, but to end the rental, the User must re-enter the service coverage area.
3.11 Electric scooters must be parked in the stalls reserved for velocipedes, mopeds and motorcycles or on the side of the road, where not expressly prohibited, as long as they do not constitute a danger or hindrance to traffic users, pedestrians or other third parties and in any case in compliance with the relevant municipal regulations, even where more restrictive (which can be consulted through the appropriate link published on the website www.bitmobility.it). It is therefore expressly forbidden to park electric scooters between stalls reserved for parking of cars as well as on sidewalks, except in areas expressly identified by municipalities and in cases where there are virtual stalls identified in App and/or stalls identified on the street with appropriate signs. Electric bicycles may be parked only in the parking stalls reserved for velocipedes. Electric scooters must be parked only in the stalls reserved for mopeds and motorcycles and marked with horizontal stripes or special signs. In any case, electric scooters may be parked only where permitted by traffic laws. Parking is not allowed in reserved stalls such as parking spaces reserved for people with disabilities, law enforcement, loading unloading of goods or cabs. The user is aware that he/she is not allowed to park the electric vehicle in the streets subject to street cleaning, therefore, in the time frame of 36 hours prior to the cleaning operations, the user who deliberately decides to park the rented vehicle in such areas, accepts the risk of being charged the relevant administrative penalty if the vehicle has not been used by another user or has not been repositioned by the Company. As of now, the user accepts priopria responsibility and the charge of the cost of the administrative penalty in addition to the incidental costs of vehicle removal/relocation. Once the Electric Vehicle (scooter, bicycle or scooter) is parked, in order to end the rental, the User is obliged to take a suitable end-of-hire photo by App from which it can be clearly inferred how and where the rented vehicle was parked. Therefore, the end-of-hire photo will be considered valid only if it fully frames the vehicle and its surroundings (images depicting only the vehicle’s handlebars or fenders will not be considered valid, by way of example but not limited to), resulting in the Company’s right to charge the User for costs, penalties, fines, and fines as set forth in Article 3.13 no. below. 6).
3.12 Under no circumstances may Electric Vehicles be placed or parked in such a way as to prevent the Company from accessing them or otherwise in areas that constitute private property, likewise, they may not be loaded onto private or public vehicles; in the event of violation of this provision, the Company at its sole discretion reserves the right to charge a penalty for recovery and loss resulting from the inability to access the Electric Device and rent the same to other Users, amounting to €100 for each day of violation, up to a maximum of €390.
3.13 The User agrees and declares to: 1) Do not carry any person on the rented electric scooter; 2) Do not carry, while operating the Vehicle, briefcases, duffel bags, or other objects that hinder the ability to safely operate the Electrical Device; 3) Do not use any cell phone , portable music player and/or any other device that may distract from safe driving; 4) Do not operate any Electric Vehicle while under the influence of alcoholic beverages, drugs, medications, and/or any other substance that may impair safe driving ability; 5) Do not use blocking mechanisms other than those provided by Bit Mobility s.r.l.; 6) Do not park the Vehicle in a manner different from what is indicated in 3.9, 3.10, 3.11, 3.12, and in any case in a manner different from what is stipulated by applicable laws, rules and/or regulations. In the event of violation of the above provisions (items 3.9, 3.10, 3.11, 3.12) and parking regulations, the Company reserves the right to charge the User a penalty in the amount of between 2 and 5 Euros per dissimilar parking space and/or invalid end-of-hire photo and to charge the User, on the means of payment indicated by the same during registration, which he/she accepts as of now, the amount paid by way of penalty, fine and any other costs incurred for the custody and recovery of the vehicle from third parties. In the event of a violation of this article Bit Mobility S.r.l. at its sole discretion reserves the right to charge the User, who accepts as of now, a sum of up to Euro 200.00 for the handling of reminders for the payment of any administrative penalties and/or a sum of up to Euro 390 for the loss incurred by the impossibility of accessing the Electric Device and renting the same to other Users. In any case, Bit Mobility reserves the right to suspend the account for repeated misconduct when driving the vehicle (driving with a person carried, driving against the road, driving on sidewalks etc.) or when parking incorrectly or in no-parking zones.
3.14 It is expressly forbidden to use the Electric Vehicles for competitions, excursions on unpaved roads and for performing stunts of any kind (including and by way of example wheelies and jumps etc.). It is expressly forbidden to use Electric Vehicles for third parties.
3.15 It is not permitted to use the basket/rack improperly with reference to the type of contents and any visual obstruction or impediment to driving. It is recognized that the basket/rack of all Electric Devices is provided only for light objects and in no way can people or animals be transported.
3.16 The User agrees to report any accident, incident, collision, damage, personal injury in the shortest possible time in order to enable timely verification of the condition of the vehicle and to ascertain the presence of any faults and/or malfunctions. If a collision occurs that results in personal injury or property damage, or if the Electrical Device is stolen, the User is obligated to immediately notify the Company (by contacting the customer service number listed in the “contact us” section specifying the dynamics of the incident) and law enforcement. Failure by the User to report an accident and/or theft may affect insurance coverage as well as result in the User assuming liability for damages incurred by Bit Mobility as a result of the breach of said obligation.
3.17 The User agrees to return the Electrical Device in the same condition as it was rented. The User is responsible for any damage done to the rented Device. You understand and agree that you are responsible for damage caused to any Electrical Device that has been damaged. Any unintentional damage to the device will result in the direct charge to the User of a penalty of Euro 500.00, unless greater damage, on the means of payment indicated by the same during registration. The User will not be held responsible for normal wear and tear and deterioration of the Devices. The User who, on the other hand, vandalizes the Electric Device will be obligated to pay a penalty of Euro 1,500.00 for scooters, 2,000.00 for e-bikes, and 4,000.00 for vandalized electric scooters, at the sole discretion of Bit Mobility S.r.l. and subject to the greater damage suffered.
3.18 You agree and acknowledge that Electrical Devices may not always be available. They require periodic recharging of batteries to function. The User understands and agrees to the following: 1) The percentage of charge remaining will decrease as the Device is used based on time and distance traveled, and as the charge level decreases, speed and other operating capabilities may decrease (or cease altogether); 2) The charge rate of the Device at the beginning of the rental is not guaranteed and will vary for each rental; 3) The rate of charge loss while using the Device is not guaranteed and will vary depending on the Device, road conditions, weather, and/or other factors; 4) it is the User’s responsibility to check the charge level of the Device, and the decision to activate the rental of a Device that is not fully charged is at the discretion of the User, who then cannot complain to the Company about the shutdown or reduction in speed of the Device before reaching the final destination; 5) Bit Mobility Ltd. does not guarantee the distance and/or time for which you will be able to use any Device before it completely loses its charge. The Device may discharge and stop working at any time during the rental, including before you reach your destination; 6) After 30 minutes of inactivity (or “pause” mode) has elapsed, the rental will be terminated automatically and the Electric Device will shut down automatically, without the User being able to raise any objection to the Company; 7) the sharing service may experience malfunctions and/or interruptions due to the lack of signal from the GPS system and/or the vehicle’s mobile network or other factors beyond the Company’s control; 8) in order to ensure the functionality of the service, the User must activate and keep active for the duration of the rental the GPS and mobile data of the phone used to initiate the rental.
3.19 The Company may at its discretion, upon notice to the User and/or the Municipality if required by Municipal Regulations or Notice, temporarily suspend or limit the provision of rental services for reasons of safety, repair operations, maintenance, improvement of the features and functionality of the Devices, without the User being able to raise any objections or exceptions and without this resulting in the User’s withdrawal from active packages or subscriptions and the reimbursement of the corresponding price.
4.1 Relating to the electric scooter rental service: (i) The User who is between 14 and 18 years of age is obligated under the law and this contract to wear suitable protective helmet, which may be purchased on Bit’s website; (ii) It is mandatory for all Users to use a high-visibility reflective vest or suspenders from half an hour after sunset and throughout the period of darkness; (iii) in all cases, the User agrees to comply with all applicable laws and regulations (including, but not limited to, those applicable to traffic, pedestrians, parking, parking, and circulation in certain areas); (iv) without prejudice to the provisions of (i) in the event that applicable laws, regulations, and/or ordinances in the area in which the Device is in operation require the User (even if over the age of 18) to wear a helmet, the User agrees to comply with such laws and regulations at all times.
4.2 With regard to the electric scooter rental service: the User is always obliged, in accordance with the law and this contract, to wear an approved protective helmet; (ii) Bit Mobility provides no. 2 type-approved helmets (one size M and one size XL) placed inside the Vehicle; the loss of each helmet or their damage will result in the charge of the penalty of Euro 150, except for the greater damage, on the means of payment indicated by the User during registration; (iii) All users are required to turn on the headlights of the rented scooter during both daytime and evening and nighttime hours; (iv) in all cases, the User agrees to comply with all applicable laws and regulations (including, but not limited to, those applicable to traffic, pedestrians, parking, parking, and circulation in certain areas). In the event that Bit Mobility is notified of disputed traffic violations, the User expressly authorizes Bit Mobility to provide his/her residence and driver’s license data to the competent Public Authority.
4.3 The User undertakes to carry out the Safety Check of the Electric Vehicle (scooter, scooter, bicycle), all its components and accessories before starting the ride. The User is then required to check the Device for obvious damage (including but not limited to: damage to the body, wheels, abnormal vehicle noise, vehicle malfunction indication lights, etc.). In the event that the Vehicle is unfit for use because it is damaged or there is no presence of the helmets in the top box or the Vehicle’s registration papers, the User shall report the anomalies found and immediately release the Vehicle unfit for use. Therefore, the User agrees not to use the already damaged Vehicle and to contact Bit Mobility S.r.l. customer service immediately. The User agrees to verify the integrity and proper functioning of the cell phone holder device installed on the scooter and voluntarily chooses to use it by securing their smarthphone and carefully tightening the securing screw. The use of the cell phone holder accessory is merely optional and not necessary to take advantage of the rental service, Bit Mobility is therefore not liable for direct or indirect damages resulting from the use of this accessory. The User using the cell phone holder device accepts the risk of ruining the smartphone on the ground. User agrees to any denial of liability by Bit Mobility for any damage resulting from dropping the smartphone on the ground.
4.4 The User who becomes aware of any dysfunction and/or abnormality of the Vehicle or App or any other potentially hazardous condition on the Vehicle agrees not to use it or to cease using it, as soon as it is safe to do so. The User agrees to immediately report defects or abnormal or risky conditions of the Device to the Company (by contacting the Support telephone number, sending an email, or reporting by App).
4.5 If an Electrical Device is not returned within 24 consecutive hours, it may be declared lost or stolen and a complaint may be filed against the User with the local authorities. The data received telematically from the App is a definitive proof of the period of use of the Device by the User. Any disappearance or theft must be reported to the Company without delay.
4.6 The User expressly acknowledges and agrees that it may be necessary to take additional security measures or precautions not specifically set forth in these Rules-General Terms and Conditions and expressly acknowledges and agrees that the decision to take them is the sole responsibility of the User.
4.7 The User understands and agrees that roads, bike paths, and routes may become dangerous due to weather conditions, traffic, and/or other hazards beyond the control of the Company. The Company will not be responsible for any of the above conditions, without limitation. You understand that you are solely responsible for responsibly choosing a safe route in accordance with applicable laws and regulations.
4.8 Rental of Electric Devices is intended only for persons skilled and qualified to operate the Devices, subject to acceptance of all terms and conditions of this Agreement.
5. Price of services.
5.1 It is possible to use the Electric Devices by single ride payment or according to the payment plans described in the App (subscriptions and packages). The amount that will be charged is inclusive of VAT. Rates may differ from municipality to municipality and are subject to change, at the sole discretion of Bit Mobility S.r.l., subject to the relevant regulations. You must enter a valid Credit or Debit Card number and an expiration date before registering to use the rental service. The User confirms that he/she is authorized to use the Card provided even if it is in the name of a third party. Once you have registered and created an account, Electric Devices can be used by following the instructions that appear in the App. The Company will charge your credit or debit card in the amount of the fares per ride or payment plan selected, as indicated by App in the “Prices and Fares” section. The customer will be charged the rental fee during the use of the service: (i) at the stroke of each minute in the case of a per-minute rate or (ii) at the time of purchasing the selected subscription or package. At the end of the ride, the User will receive an email confirming the transaction indicating the total cost of the rental and specifying the rental data (so-called “end of rental report”).
5.2 The User may decide at any time to reload the virtual wallet “wallet” present in the App in the “My Wallet” section. For each top-up made of an amount equal to or greater than Euro 10.00 Bit Mobility will credit the User with a “Bonus” credit of variable amount depending on the amount of the top-up. Once his wallet has been recharged, the User may decide to use the paid credit for the payment of individual standard fare rides or for the purchase of subscriptions or packages (some types of packages/subscriptions may only be purchased by direct credit card transaction and not with the credit present in the “wallet”, in this regard, once the chosen package/subscription has been selected a pop-up will indicate whether or not such subscription/package can be purchased with the credit present in the “wallet”); it should be noted, however, that the “Bonus” credit can only be used to pay for standard fare rides and not for the purchase of subscriptions or packages. Recharges and related “Bonuses” are shown in the App in the “My Wallet” section.
5.3 The User expressly agrees that in case of incapacity of the provided means of payment, the rental could be terminated automatically and without notice. However, should the rental not be automatically terminated, the User hereby authorizes the Company to retry – in the days following the rental – to charge for the cost of the service left unsatisfied. The User also authorizes the Company to charge the payment medium provided (i) costs incurred by way of a fine or penalty raised by a third party against the User; (ii) Costs for custody and recovery of the vehicle from third parties (e.g., following removal/confiscation/seizure/privatization etc.); (iii) the penalties specified in these Regulations-General Terms and Conditions. In the event that the means of payment indicated by the User does not have sufficient credit to pay for the service, the Company reserves the right to charge an amount of up to 100.00 euros as a fee for processing payment reminders and recovering the debt.
5.4 Promotion codes (“Discounts”) are one-time offers and redeemable only through the App. Bit sirreserves the right to change or delete the Discounts at any time. Discounts are limited to one per User and per account and cannot be combined with other offers. Discounts cannot be combined, are not transferable and cannot be resold. Any subsidized Tariff Plans-derived from conventions/agreements with public or private entities, companies or other third parties-to which the User has access cannot be combined with the benefits and discounts applicable to subscriptions or packages, if they offer the same type of facilitation.
5.5 The discipline of the right of withdrawal provided by the Consumer Code applies. However, the User expressly acknowledges and accepts that, both in the case of payment for the single ride and in the case of joining a subscription/package and/or prepayment by recharging the virtual wallet, if the Electric Devices are used before the expiration of the 14 days provided ex lege for withdrawal, this right will be lost (and with it also the right to reimbursement of the price), according to Article 59, paragraph 1, letter a) of the Consumer Code (Legislative Decree No. 206 of September 6, 2005). If the subscription or package is cancelled before use (and within the 14-day period) you will receive a full refund of the fees paid for the subscription. To exercise the right of withdrawal, you must forward an email to firstname.lastname@example.org with a clear and express indication that you wish to withdraw from the Contract. The Company reserves the right to terminate the contract at any time, to block and/or suspend and/or arrange for the deletion of the User’s account, in case of behavior that does not comply with the Highway Code and state and municipal regulations on electric micro-mobility, as well as with the provisions of these Regulations-General Terms and Conditions or in case of partial or false statements made by the User when registering for the App and creating his/her profile by entering incomplete and/or false information or personal data.
5.6 If payment for a subscription or package is cancelled within the 14-day cooling-off period specified in the preceding section, a refund will be processed by the Company within 14 days of receiving notice of cancellation. If the User receives any promotion, Bonus credit, other discount or benefit at the time of payment, any refund will refer only to the amount actually paid. Refunds are made using the same method originally used by the User to make the purchase, unless otherwise agreed.
5.7 If, for any reason, the User fails to regularly close the ride and terminate the rental, the User shall promptly contact the service center in order to stop the rental and related payment. In the event that the User does not regularly close the rental and it is subsequently blocked by the Company as a result of detecting a stationary vehicle with an active rental, the request for reimbursement of the price for unused rental minutes must be made no later than 2 (two) hours after receipt of the message containing the end of rental report. The User agrees as of now that refunds for amounts up to 15.00 Euro will be issued only by crediting the relevant amount in the User’s virtual wallet (wallet) and net of the cost of managing the refund procedure, amounting to 3.00 Euro per transaction, and the fees related to the transaction, which differ for different means and payment systems used. Refunds for amounts over 15.00 Euro will be credited to the same means of payment used for the rental, again net of handling and transaction costs.
6.Variation of Regulations-General Conditions.
6.2 In the event of a change or update of these Regulations-General Terms and Conditions, the User will receive specific notice when accessing the App and in order to proceed with the use of the services offered by Bit Mobility S.r..l. he/she must read the contents of the new Regulations-General Terms and Conditions and accept any changes.
6.3 Any modification or update of the Regulations-General Terms and Conditions and/or the services will become effective from the moment of their publication on the Site and the App will be understood to be accepted by users who access and use the services offered by Bit Mobility S.r.l. from the moment of the publication on the Site of said modifications.
6.4 If the User does not wish to adhere to the changes made, he/she is requested not to use the services and to delete his/her account.
7.Duration of the contract.
7.1 Registration on the Site or the Bit App implies acceptance of these Rules-General Terms and Conditions and is without term.
7.2 The Company may in any case at its sole discretion order the momentary blocking or deletion of the User’s account, in the event of behavior that does not comply with the Highway Code and state and municipal regulations on micro-electricity, as well as with the provisions of these Regulations-General Terms and Conditions.
7.3 The User may at any time cancel his or her account by accessing the appropriate section of the App and may likewise request that all forms of communication and mailings be ceased by the Company through the appropriate function of the Site.
8.Limitations of liability of the Company and risks of the User.
8.1 The User assumes all responsibility and risk of any damage caused to property and/or persons, as detailed below. The User is responsible for assessing his or her own driving ability depending on the weather conditions and the state of the roadway and agrees to refrain from using the Electric Vehicle whenever such conditions make its use dangerous.
8.2 The User understands that he/she is solely responsible and assumes all liability and obligations for any use contrary to these Rules- General Terms and Conditions or applicable law (Highway Code, laws, regulations and/or ordinances), and for any consequences, demands, claims, suits, losses charge, damage, injury, cost and expense, penalty, legal fees, judgment, tax (including payments of fines and/or seizure fees levied by any local government), and reimbursement of any kind or nature whatsoever, whether foreseeable or unforeseeable, whether known or unknown, as a result of the use of the rented Device. The User releases Bit Mobility from all civil and criminal liability for all infractions and other liabilities related to the use of the Electric Vehicles due to the fact and fault of the User or third party drivers.
8.3 Bit Mobility shall not be liable for direct or indirect damages of any kind arising from the use of accessories provided by the Company, by way of example only, the cell phone holder, the basket, the top box and the helmets, when their use is optional and not necessary to take advantage of the rental service of Electric Vehicles. Without prejudice to the User’s obligation to wear a protective helmet in accordance with the provisions of the law, it is understood that the use of the Bit Mobility-owned helmet made available to the User is merely optional, and the User may use a helmet of his or her own.
8.4 You agree and agree to pay any penalty, fine, tax, penalty, seizure fine and/or other charges incurred by the Company as a result of improper parking of any Electrical Device or as a result of a violation of any law, rule, regulation and/or ordinance while using the Device. Bit Mobility S.r.l. will promptly charge the User – who accepts and agrees as of now – any amounts advanced for the payment of penalties, fines, penalties, fines; the penalties, fines, penalties, fines will be charged to the User who at the time of the infraction was found to be using the Vehicle subject to sanction or whose behavior in the use and/or release of the Vehicle resulted in the application of the sanction. The amounts charged will possibly be increased by an amount of up to Euro 200.00 due for the management of payment reminders and/or the practice of recovering the amounts advanced by Bit Mobility S.r.l. and/or an additional amount of up to Euro 390.00 in the event of detention or administrative seizure of the Device or for the loss incurred due to the inability to access the Electric Device and rent it to other Users.
8.5 The User is responsible for any damage done to the rented Device. You understand and agree that you are responsible for damage caused to any Electrical Device that has been damaged and/or vandalized. The User who vandalizes the Electric Device shall be obligated to pay a penalty of up to Euro 1,200.00 per vandalized Device, at the sole discretion of Bit Mobility S.r.l., subject to greater damages.
8.6 Bit Mobility shall not be liable for damages occurring to property owned by the User (e.g. cell phone, purse, clothing etc.) caused by the User’s negligence in the use of the rented vehicle and/or failure to perform a safety check of the vehicle and all its components and accessories before the start of the rental.
8.7 Any liability of Bit Mobility that does not result from willful misconduct or gross negligence is excluded; the Company shall be liable only if by law its liability cannot be limited or excluded.
8.8 The User in any case expressly exonerates Bit Mobility from any liability for any damages of any kind suffered by the User himself and/or by third parties in connection with the use of the services referred to in this Regoalment-General Terms and Conditions of Contract not arising from Bit Mobility’s willful misconduct or gross negligence but attributable to the User’s willful misconduct or gross negligence.
9.1 Electric devices have liability insurance coverage for the benefit of the Service Users, with limits in line with the requirements of the relevant Municipal Administrations. Active insurance coverage for electric scooter service in some municipalities is excluded for damages caused by the User with malice or gross negligence and/or for damages resulting from violation of local regulations on the movement of electric scooters. Should the damage be compensated in whole or in part by the relevant insurance company, the User shall in any case remain liable for any deductible provided for in the policy, in respect of which the User hereby authorizes Bit Mobility to charge back the means of payment indicated by the same during registration. The use of the devices in violation of Art. 3.5 determines the inoperability of the insurance coverage with the Company’s right of recourse against the User/user of the device.
9.2 Prior to the activation of the rental, the User may decide to subscribe by means of the App to an optional 12-month Road Traffic Accident policy, with a “pay per use” premium i.e. calculated only on the minutes of actual travel. The policy information set can be viewed and downloaded by App before the policy is signed.
This Contract shall be governed by the laws of Italy. The User accepts the jurisdiction of the Italian courts.
Pursuant to and in accordance with Articles 1341-1342 et seq. of the Civil Code as well as Articles 33-34-35-36 of Leg. 206/2005, The User declares that he/she has read and understood and therefore expressly approves the following articles: 3.1 prohibition of use of electric device by third parties; 3.10 penalty for circulation/recovery of the vehicle outside the service area or no parking; penalty for placing the vehicle in areas to which Bit access is precluded and/or for loading on private or public vehicles; 3.12 penalty for recovery/loss of Device due to inability to access it; 3.13 chargeback of penalties/fines, penalty for reminders to pay administrative penalties, penalty for failure to hire; 3.16 failure to report claim and its consequences; 3.17 liability for damage caused to the rented device, penalty for vandalism to the device; 3.18 suspension of rental service; 4.2 penalty for loss/damage of electric scooter helmets; 4.3 exlcusion of liability for use of cell holder; 4.6 and 4.7 User’s liability; 5.3 chargeback of penalties/fines penalty for credit recovery payment reminders; 5.5 exception to the right of withdrawal; 6 Variation of the Regulations-General Terms and Conditions; 8 Limitations of Bit liability and User’s risks; 9 chargeback of deductible per claim; 10. Applicable law.