Terms and Conditions of Rental

1. INTRODUCTION AND SCOPE

1.1. Introduction and ownership of the domain name.
1.1.1. Spots S.r.l., with registered office in 33100 Udine, Via Luigi Moretti 2, Tax Code and VAT 03015220308, (“Spots“) is a company that deals, mainly, with the rental, directly or via Bicycle Spots (as defined below), of Bicycles and Accessories (as defined below) through the use of the Platform (as defined below) available on the website www.bikespot.it (the “Website“) and/or the “BikeSpot” application, available for smartphones and tablets, developed by Spots (the “App“) or at a Bicycle Spot, where the Bicycles and/or Accessories are picked up.
1.1.2. The Website, the App and the Platform are owned by Spots, which is also the owner of the corresponding domain.

1.2. Scope of the General Rental Conditions.
1.2.1. These general rental conditions (the “General Rental Conditions“) apply exclusively to all rental agreements, concerning Bicycles and Accessories, entered into between the Renter and the Contracting Party (as defined below) via the Platform or at a Bicycle Spot (the “Rental Agreement“), with the consequent exclusion from the relevant scope of application of any agreements entered into between the Registered User and/or the Customer (as defined below) and:

i. the Bicycle Spot, apart from the Platform, and concerning bicycles and accessories that are not present and not offered for rental on the Platform, even if they are owned by and/or available to the Bicycle Spot;
ii. parties other than the Renters, even if reached through any links or banners on the Website or in the App.

1.2.2. The General Rental Conditions may be modified at any time by Spots. Any modification and/or new conditions will be in force from the moment of their publication on the Website and the The General Rental Conditions in force on the date of the Order (as defined below) shall apply to each Rental Agreement.
1.2.3. Any terms and conditions different from these General Rental Conditions shall never be binding for the Renter unless expressly accepted in writing by the same. These General Rental Conditions shall always prevail over any general and/or particular conditions of the Contracting Party, which shall never be considered as accepted even in case of partial performance of the services by the Renter.
1.2.4. The booking of bicycles and/or accessories constitutes acceptance of these General Rental Conditions, pursuant to Article 1327 of the Civil Code.

1.3. Definitions.
1.3.1. In addition to the foregoing definitions and those contained in the following articles, for the purposes of these General Rental Conditions, the terms and expressions listed below, when appearing with a capital letter, shall have the meaning assigned to them in this paragraph (terms expressed in the singular shall also be understood in the plural, and vice versa, where the context so requires):

(a) “Accessories”: means sports and leisure clothing and sports equipment in general, with particular reference, but not exclusively, to the cycling sector that the Renters offer for rental on the Platform;
(b) “Account”: means the area of the Platform reserved for each Registered User, accessible using the Access Credentials;
(c) “Competent Authority“: means any body, authority, department, inspectorate, minister, ministry, public administration or public body, whether of a local, regional, national or supranational nature, having jurisdiction in or for Italy in relation to the matters dealt with from time to time in these General Rental Conditions;
(d) “Bicycles“: means bicycles owned by the Renter and offered for rental by the Renter on the Platform;
(e) “Bicycle Spot“: means the rental point where Customers can, inter alia, (i) collect the Bicycles and/or Accessories booked on the Platform; (ii) register on the Platform; (iii) book the rental and sign the Rental Agreement, as well as collect the rented Bicycles and/or Accessories; (iv) return the Bicycles and/or Accessories at the end of the rental period;
(f) “Premium Bicycle Spot“: means the Bicycle Spot at which the Customer can use the Premium Services; the qualification “Premium” is expressly indicated on the Platform in the information relating to the corresponding Bicycle Spot;
(g) “Customer”: means any person over 18 years of age, not necessarily the Contracting Party, who, having accepted, even implicitly, these General Rental Conditions, is authorised and entitled to use a Bicycle and Accessories pursuant to a validly concluded Rental Agreement;
(h) “Gift Card Code“: the codes contained in Gift Cards that can be purchased by Registered Users and then used by Registered Users exclusively for the rental of Bicycles and/or Accessories;
(i) “General Terms and Conditions of Use“: the general terms and conditions of use of the Platform available online via the link provided in the footer of the Website and in the “General Terms and Conditions of Use” section of the App;
(j) “Access Credentials“: the e-mail address and password required to access the Account, once the registration process provided for and governed by the General Conditions of Use has been completed;
(k) “Customer’s e-mail“: means the e-mail address of the Customer indicated in the Order;
(l) “Contracting Party’s e-mail”: means the e-mail address of the Contracting Party indicated in the Order;
(m) “Renter”: means, alternatively, Spots or the Spots’ Partners;
(n) “Applicable Regulation“: means any law, rule, directive or other source of Italian or European Union law, including regional and local laws and regulations, the measures issued by any Competent Authority (including Section III, Title III, Chapter I, of the Consumer Code, Legislative Decree No. 206/2005 and subsequent amendments and additions) and any other technical regulation which are applicable, at the time and on the basis of the relevant subject matter, to the General Rental Conditions, the Rental Agreement, the Contracting Party, the Customers, the Underage Users and the Renter as well as the international regulations which are applicable, from time to time and depending on the subject matter, to the Contracting Party and/or the Customer and/or the Underage Users;
(o) “Spots’ Partners”: means a professional, i.e. any natural or legal person, as identified in the Product Sheet and the Order Confirmation, who owns or otherwise manages, as part of its business activity, a Bicycle Spot;
(p) “Platform”: means the cloud platform, on the Website and in the App, through which the Contracting Party (i) can rent Bicycles and/or Accessories and (ii) must report any faults on the Bicycle;
(q) “Premium Services”: means, cumulatively, (i) the maintenance service provided at Premium Bicycle Spots, which consists in the Bicycle Spot Premium carrying out adjustment and maintenance operations on the Bicycles (including but not limited to: adjustment of the saddle/handlebar position, gearbox, brakes, shock absorbers, spokes, pedals and repair of punctures) and (ii) the battery charging service for electric Bicycles;
(r) “Contracting Party”: means the Registered User who signs a Rental Agreement, for him/herself and/or for other Customers and/or for Underage Users;
(s) “Registered User“: any person who is 18 (eighteen) years of age or older and who, having completed the registration procedure on the Platform, is in possession of and uses his/her Access Credentials to browse and operate the Platform;
(t) “Underage User“: means any person under the age of 18 (eighteen) years who, by virtue of the reservation and signing of the Rental Agreement by the Contracting Party, is entitled to use the Bicycle and Accessories.

1.4. Rental requirements.

1.4.1. The booking of Bicycles and/or Accessories requires prior registration on the Platform, which can be done on the Site or the App (with application of the General Conditions of Use of the Platform) or at a Bicycle Spot.
1.4.2. In order to verify the existence of the minimum age required by the Applicable Regulation, the Renter has the right to request the fiscal code and/or an identification document from the Registered User and, if it is found that the Registered User is less than 18 (eighteen) years old, to refuse the booking or, if the booking has already been made for any reason, to cancel it, with refund of any amount already paid, according to the terms and conditions indicated in relation to the specific Payment Method used.
1.4.3. The Renter reserves the right to refuse or cancel any Orders from or on behalf of a party (i) with whom the Renter is in litigation; (ii) who has previously breached these General Rental Conditions and/or the General Conditions of Use; (iii) who has been involved in fraud of any kind; (iv) who has provided false, incomplete or otherwise inaccurate identification information, or who has failed to promptly send the Renter any documents requested by the Renter.
1.4.4. The use of the Bicycles by Underage Users is subject to the supervision of the Contracting Party and/or a Customer. To this end, and without prejudice to the liability referred to in Article 2048 of the Civil Code, the Contracting Party, by signing the Rental Agreement:

i. represents and warrants that the Underage User (a) meets the minimum physical and age requirements for the use of the Bicycle as set out in the Bicycle Product Sheet, (b) has the appropriate physical and intellectual capacity to ride and manage the selected Bicycle and (c) is aware of and understands the contents of these General Rental Conditions and the Applicable Regulations;
ii. assumes full responsibility for any damage, either direct and/or indirect, caused to persons and/or property and/or animals, as a result and/or as a consequence of the use of the Bicycle and/or Accessories by the Underage User;
iii. assumes full and exclusive responsibility for any loss, damage and/or theft of the Bicycle and Accessories placed at the disposal of the Underage User.

1.4.5. The Contracting Party guarantees that the personal details, as well as the information relating to any Customers other than the Contracting Party and Underage Users, is complete and true, and agrees to hold the Renter harmless and indemnified from any claim, damage, obligation to pay compensation and/or fine arising from, or in any way related to, the violation by the Contracting Party of the rules on booking directly through the Platform or at the Bicycle Spot.

2. GENERAL RENTAL CONDITIONS

2.1. How to book.
2.1.1. Bicycles and/or Accessories can be booked in the following ways:

i. through the Website or App by the Registered User and shall be deemed to be completed when the Order Confirmation is sent to the Contracting Party’s Email and the Customer’s Email and the Customer accepts the General Rental Conditions and confirms the Order;
ii. by visiting a Bicycle Spot; in this case, the Rental Agreement shall be deemed to be executed at the time of the signing of the Rental Agreement by the Contracting Party, subject to full and complete indication of the details of any other Customers and Underage Users and the written acceptance by the Customers of the General Rental

2.2. Information relevant to the conclusion of the Rental Agreement.

2.2.1. The Renter hereby informs the Contracting Party that:

  1. in order to complete the booking, the Contracting Party shall (a) select the Bicycle Spot chosen for the collection of the Bicycles and/or Accessories and the Bicycle Spot for the return of the same, (b) identify the days for which the rental has been booked, (c) complete an electronic order (“Order”), and (d) transmit it to the Renter, electronically, following the instructions that appear from time to time on the Platform;
  2. prior to the conclusion of the Order, the Contracting Party must examine (a) the characteristics of the Bicycles and/or Accessories selected as illustrated in the relevant Product Sheets, (b) the days for which the rental has been booked, (c) the Rental Fee, (d) the Payment Method; (e) the deadline for collecting and returning the Bicycles and Accessories; (f) the information relating to the exercise of the right of withdrawal (the “Pre-Contractual Information“);
  3. at the time of booking, the Contracting Party may also opt to take out (a) a special insurance policy, upon payment of an additional amount over and above the Rental Fee, which shall enable the Contracting Party to exercise the right to cancel at any time prior to the date and time selected for collection of the Bicycles and/or Accessories and to be entitled to a refund of the full amount already paid to the Renter and (b) the agreement referred to in Clause 12.13;
  4. after reviewing the Pre-Contractual Information and the sheet summarising the data relating to the Bicycles and/or Accessories selected by the Contracting Party (the “Summary Sheet“), the Contracting Party may click on the “Complete Order” button and proceed with payment in accordance with the Payment Method;
  5. the confirmation of the reservation is subject to the payment of the Rental Fee;
  6. the Contracting Party may at any time become aware of the information relating to the identity of the Renter in the Product Sheet;
  7. once the payment of the Rental Fee has been received, the Renter shall send to the e- mail address of the Contracting Party and the e-mail address of the Customer the confirmation of the Order (“Order Confirmation“) which shall contain all the data relating to the booking;
  8. by sending the Order Confirmation and, in any case, by booking the Bicycle and/or Accessories, by means of the appropriate procedure, the Contracting Party and the Customer declare that they have read and accept these General Rental Conditions;
  9. the Order will be kept in the Platform’s database for the time necessary for the execution of the Order and, in any case, within the terms provided for and granted by the Applicable Regulation; the Contracting Party may also consult his/her Order by accessing the “My Orders” section in his/her Account.

2.3. Availability of Bicycles and Accessories.

2.3.1. The Bicycles and Accessories offered for rental on the Platform are those illustrated, by category, on the Platform. The Contracting Party, therefore, by means of the booking procedure, selects and books a category of Bicycles and/or Accessories and not a specific Bicycle and/or Accessory, as the relevant images are merely examples and illustrative of the characteristics of the relevant category.
2.3.2. The availability of Bicycles and Accessories is continuously monitored and updated, but it is to be considered purely indicative as (i) Bicycles and/or Accessories may be booked by other parties during the booking process and/or (ii) there may be a technical anomaly such that Bicycles and/or Accessories appear to be available but they are not for some reason. It is understood, in this case, that no liability can be claimed by the Registered User or the Contracting Party against the Renter.
2.3.3. In the event that the Bicycles and/or Accessories are no longer available, the Contracting Party and the Customer shall be notified immediately by email and may rectify the Order or cancel it and request a refund of any Rental Fee already paid.

2.4. Information on Bicycles and Accessories.

2.4.1. Each Bicycle and/or Accessory is accompanied by an information sheet illustrating its main features (“Product Sheet“), such as, inter alia, technical characteristics, usage requirements, recommended use, daily rental rate.

2.5.  The Rental Fee.  

2.5.1.  The fee payable to the Renter for the booking of Bicycles and/or Accessories (“Rental Fee“) which will appear on the Summary Sheet is determined on the basis of (i) the category and type of Bicycles and/or Accessories selected, (ii) the daily rates per category and type of Bicycles and Accessories in effect on the date of booking and (iii) the number of days for which the rental is booked.
2.5.2. All Rental Fees are quoted in Euro and include VAT (Value Added Tax) where due.
2.5.3. Spots may, at its sole discretion, offer promotional codes (“Promo Codes“) valid for a fixed period of time which, unless otherwise stated, shall be 30 (thirty) days. Promo Codes can only be used for booking Bicycles and/or Accessories on the Platform. Only 1 (one) Promo Code may be used per booking of Bicycles and/or Accessories of the Contracting Party on the Platform.

2.6. Payment Method. Security Deposit.

2.6.1. The Rental Fee will be indicated once the chosen Bicycles and/or Accessories have been selected and will be quantified directly by the Platform. Before making the payment, the Contracting Party may enter a Promo Code and/or a Gift Card Code (each of which must be valid and not already used or expired) and, in this case, the Rental Fee will be reduced by the equivalent value of the Promo Code and/or Gift Card Code entered.
2.6.2. The payment of the Rental Fee must be made at the end of the Bicycle booking, according to one of the methods indicated on the Platform or by the Bicycle Spot (the “Payment Method“), chosen by the Contracting Party, who declares to be legitimately authorised to use the chosen Payment Method.
2.6.3. The payment of the Rental Fee shall be executed and managed by a third party authorised to provide payment services (the “Payment Service Provider“); therefore, the Renter assumes no responsibility and/or warranty as to the proper execution of such payment transactions. For the foregoing reason, the Renter shall not be in possession of, and shall not retain, the payment data entered by the Contracting Party.
2.6.4. Furthermore, at the time of booking, the Contracting Party may be required to provide, as a security deposit, if requested at the time of order, an amount equal to Euro 500,00 (five hundred/00) for each Bicycle and Euro 20,00 (twenty/00) for each Accessory (the “Security Deposit”); such amount will be virtually paid by pre-authorization of charge on the credit card or prepaid card indicated at the time of booking. The Security Deposit will only be charged if, at the end of the term of the Rental Agreement, the Bicycle and/or Accessory (i) are not returned for any reason whatsoever or (ii) are returned damaged. Each Contracting Party shall be entitled to guarantee the simultaneous rental of a maximum of 1 (one) Bicycle and 1 (one) Accessory.
2.6.5. The Payment Methods are subject to authorisation and validity checks by the Payment Service Provider; in the event of rejection of the Payment Method used, the Rental Fee shall be deemed not to have been paid and the Order shall therefore not be confirmed.
2.6.6. A regular tax invoice will always be issued, after entering the relevant data.

2.7. How to modify an order.

2.7.1. The Contracting Party may request to modify the Order following the sending of the Order Confirmation, only if it relates to the category or size of the Bicycles and/or Accessories already booked and, in any case, no later than {} after the sending of the Order Confirmation. {}
2.7.2. All changes in category and/or size of the Bicycles and/or Accessories booked are the sole responsibility of the Renter. The relevant requests must be forwarded to Customer Service, which will check the possibility of changing the category and/or size of the Bicycles and/or Accessories booked, according to availability. Once the Order has been modified, the Contracting Party must pay the difference in the Rental Fee that may be due in order for the Order modification to become final; if the higher Rental Fee due is not paid, the Order modification shall be considered null. Any difference in the Rental Fee between the Bicycles and/or Accessories initially booked and those subsequently modified shall be settled by means of a specific online procedure.

2.8. Provision and return of booked Bicycles and/or Accessories.

2.8.1. Bicycles and/or Accessories booked must be collected from the Bicycle Spot specified in the Order Confirmation on the date and at the time specified therein. The collection is subject to the presentation of the Order Confirmation and the presentation of a valid identification document for each Customer and Underage User. At least one identification document will be retained by Bicycle Spot until the Bicycles and Accessories are returned.
2.8.2. Bicycle Spots undertake to keep the booked Bicycles and/or Accessories reserved until one hour after the time scheduled for their collection. After this time they will make them available again for rental by third parties on the Platform. Failure to collect the Bicycles and/or Accessories within the terms set forth in this paragraph shall constitute grounds for the legal termination of the Rental Agreement, effective for all Customers and Underage Users. In such event, the Renter shall be entitled to terminate the Rental Agreement and retain the Rental Fee already paid by the Contracting Party as compensation for damages, without prejudice to the right to claim for any greater damages.
2.8.3. Upon collection of the Bicycles from the Bicycle Spot, the Customer shall be provided with information regarding the proper use of each rented Bicycle and/or Accessory and shall also be given (i) a “«Fast» inflate and repair” foam can or, alternatively, a tyre repair and inflation kit; (ii) in the case of electric Bicycles and the duration of the rental period of 2 (two) days or more, the battery charger for charging the Bicycles, (iii) a hand pump for inflating the wheels of the Bicycles, (iv) a lock for securing the Bicycles, (v) a backpack, (vi) a helmet.
2.8.4. Any type of adjustment of the Bikes, requested by the Contracting Party and/or the Customer at the time of collection of the Bikes, shall only be carried out if the Bicycle Spot selected at the time of booking also provides the Premium Service. It is understood that Bicycle adjustment and minor maintenance services are free of charge for the Customer, while any repair service (including fixing of punctures) is against payment.
2.8.5. The Bicycles and Accessories must be returned no later than the day and time indicated in the Order Confirmation, at the Bicycle Spot indicated therein. In the event that the return of the Bicycles and/or the Accessories takes place after the time indicated in the Order Confirmation, the Contracting Party shall pay the Renter a fine of Euro 35,00 (thirty-five/00) for each hour of delay. The Renter shall have the right to deduct the amount accrued as fine from the Security Deposit, if any.
2.8.6. In the event that the Bicycles and/or Accessories are not returned within 24 (twenty-four) hours following the time of the last Rental Day, notwithstanding any other action (including criminal prosecution), the Renter shall be entitled to immediately forfeit, without notice, the amount of the Security Deposit, without prejudice to any greater damages which shall not be subject to any limitation.

2.9. Duration of Rental Agreement.

2.9.1. The Rental Agreement shall be effective upon the issue of the Order Confirmation and shall terminate on the occurrence of the first of the following events: (i) failure to collect the Bicycles and/or Accessories; (ii) termination by either the Contracting Party or the Customer; (iii) return of the Bicycles and/or Accessories at the end of the rental period; (iv) the occurrence of any other cause for termination of the Rental Agreement in accordance with the General Rental Conditions or Applicable Regulation.

2.10. Right of withdrawal.

2.10.1. The Contracting Party and each Customer may terminate the Rental Agreement at any time, provided that:

  1. if cancellation is made at least 2 (two) days before the date and time specified in the Order Confirmation for collection of the Bicycles and/or Accessories, they shall be entitled to a refund of 95% (ninety-five percent) of the amounts paid;
  2. if the cancellation is made within 48 (forty-eight) hours prior to the day and time specified in the Order Confirmation for the collection of the Bicycles and/or Accessories, they shall not be entitled to any refund of the amounts paid;
  3. if they have taken out the insurance referred to in paragraph 2.2.1.iii.(a), they shall always be entitled to a full refund of the amounts paid

2.10.2. To exercise the right of withdrawal, the Contracting Party or the Customer may: (i) use the withdrawal form available online via the link provided in the footer of the Website (“Standard Withdrawal Form“); (ii) submit any other explicit statement of your decision to withdraw from the Rental Agreement (“Withdrawal Statement“); (iii) submit your request to exercise your right of withdrawal via the “My Orders” section of the Account. The Standard Withdrawal Form or the Withdrawal Statement can be sent to the following email address: info@bikespot.it.

2.10.3. Acceptance of the Bicycles and/or Accessories by the Customer shall be deemed to be a waiver of the right of withdrawal.

2.11. Transfer of Rental Agreement.

2.11.1 Unless the Renter agrees in writing in advance, the Rental Agreement and/or the performance thereof and/or the rights arising therefrom shall not be transferable by the Contracting Party and the Customer, whether in whole or in part.
2.11.2 The consent of the Renter to the transfer of the Rental Agreement, if any, shall not release the Contracting Party and the Customer from their obligations and/or liabilities to the Renter.

2.12. Obligations and responsibilities of the Contracting Party and/or Customer.

2.12.1. The Customer, by signing the Rental Agreement or otherwise accepting these General Rental Conditions, represents and warrants that he/she is physically and intellectually fit to ride and manage the Bicycle and consequently assumes responsibility for any damage, direct and/or indirect, caused to persons and/or property and/or animals, as a result of and/or as a consequence of the use of the Bicycle and/or Accessories.
2.12.2. The Customer and the Underage User, when using the Bicycle and Accessories, must comply with the Information, the Applicable Road Safety Regulations and, in general, the rules of ordinary prudence and care.
2.12.3. The Contracting Party undertakes to verify the accuracy of the data and information contained in the Order Confirmation and to promptly notify the Renter of any corrections/modifications to be made.
2.12.4. By signing the Rental Agreement or otherwise accepting these General Rental Conditions, the Customer acknowledges that he/she is aware that the Bicycles may be fitted with GPS satellite anti-theft devices.
2.12.5. The Customer is obliged to use the Bicycle solely as a means of transport for tourist purposes and, consequently, he/she may not use the Bicycle: (i) for participation in sporting events or for carrying out commercial activities; (ii) for transporting dangerous substances, illegal goods, persons or goods against payment; (iii) under the influence of alcohol, sedatives, sleeping pills or other substances that may affect your riding ability.
2.12.6. The Contracting Party must promptly notify Customer Service of any delays in collecting the Bicycles and/or Accessories booked.
2.12.7. When collecting the Bicycles and/or Accessories, each Customer shall check that they are in working order and do not have any faults or obvious defects which, if any, must be reported immediately. Any defects and/or faults that are not promptly reported by the Customer shall be the responsibility of the customer, unless the Renter has fraudulently concealed them.
2.12.8. In the event that, during the rental period, the Bicycle and/or Accessories should present anomalies and/or faults or defects not recognisable at the time of delivery or which have occurred since the time of delivery, the Customer must promptly contact the Bicycle Spot from which he/she collected the Bicycles, with whom he/she will agree, on a case by case basis, the solution to be adopted, which may also be subject to additional payment.
2.12.9. Should the Contracting Party and/or Customer, during the course of the rental period, contact a Bicycle Spot Premium to rectify any faults and/or malfunctions on the Bicycles, a fee may be charged for the work carried out on their behalf.
2.12.10. The Customer may not, either directly or through any third party other than the Bicycle Spot Premium, make any intervention and/or modification and/or improvement to the Bicycles and/or Accessories without the written consent of the Renter, nor may the Customer install any accessories of any kind. For certain Bicycles, as specifically indicated on the Platform / in the Rental Agreement, it may be provided that any maintenance work, even during the rental period, may be carried out exclusively at the Bicycle Spot from which the Bicycles were collected and that, consequently, it is not possible for the Contracting Party and/or the Customer to request that an intermediate Bicycle Spot Premium carry out maintenance and/or adjustment work on the Bicycles.
2.12.11. The Customer is solely responsible, including during any stops, for the safekeeping of the rented Bicycles and/or Accessories from the time they are collected until they are returned and shall therefore be liable for any damage, theft, loss of the Bicycles and/or Accessories, for whatever reason and/or cause.
2.12.12. The Customer shall use the lock provided at the time of delivery of the Bicycle to lock the Bicycle and shall take all appropriate and necessary measures for the safekeeping of the Bicycle. In the event of theft and/or loss of the lock provided by the Renter, the Customer must promptly contact the Bicycle Spot where the Bicycle was picked up and immediately obtain a new lock.
2.12.13. The Contracting Party may enter into a special agreement, for him/herself and for each Customer, at the time of rental, paying the amount indicated at the time of booking, by virtue of which the Contracting Party and, where applicable, the Customer shall not be liable in the event of theft of the Bicycles and/or Accessories, without prejudice to their obligation to report the theft to the competent authorities. It is however understood that the Contracting Party and each Customer, also in the interest of Underage Users, shall be entitled to take out independently, for the entire duration of the Rental Agreement, an insurance policy covering the following risk categories: (i) cancellation of the reservation; (ii) theft; (iii) accident / death; (iv) damage to third parties (persons or property, including Bicycles and Accessories). The foregoing insurance policies, which are strongly recommended by the Renter, shall not affect the liability of the Contracting Party or the Customer to the Renter for any damages whatsoever caused to the Renter.
2.12.14. The Customer undertakes to return the Bicycles and/or Accessories in the state in which they were at the time of collection, except for deterioration due to normal wear and tear or a non- apparent defect which alone has caused the deterioration of the Bicycles and/or Accessories, it being understood that any relevant burden of proof shall be borne by the Customer.
2.12.15. Upon return of the Bicycles and/or Accessories to the Bicycle Spot, the condition of the Bicycles and/or Accessories shall be checked with the Renter. Should the Bicycles and/or Accessories show faults and/or malfunctions attributable to the Customer, the Renter shall charge the Contracting Party, forfeiting without notice the amount of the Security Deposit and, should this not be sufficient, requesting compensation for greater damages from the Contracting Party or the Customer, the amount necessary for the repair and/or replacement of the damaged components of the Bicycles and/or Accessories according to the following price list:

  • tyre puncture: Euro 12.00 (twelve/00)
  • wheel spoke breakage: Euro 15.00 (fifteen/00)
  • broken pedals: Euro 00 (thirty/00)
  • tyre rupture (cover to be replaced): Euro 00 (thirty-five/00)
  • broken saddle: Euro 40.00 (forty/00)
  • battery key loss: Euro 00 (forty/00)
  • chain breakage: Euro 45.00 (forty-five/00)
  • front derailleur breakage: Euro 00 (ninety/00)
  • handlebar breakage: Euro 00 (one hundred/00)
  • rear derailleur breakage: Euro 00 (one hundred and twenty/00)
  • non-repairable wheel breakage: Euro 00 (two hundred/00)
  • broken fork: Euro 00 (three hundred/00)
  • broken/damaged/unaligned rear derailleur dropout or chain: Euro 30,00 (thirty/00)
  • breakage/loss:
  1. helmet: Euro 30,00 (thirty/00);
  2. backpack: Euro 15,00 (fifteen/00);
  3. pump: Euro 15,00 (fifteen/00);
  4. “«Fast» inflate and repair” foam can / tyre repair and inflation kit: Euro 15,00 (fifteen/00);
  5. bicycle head unit: Euro 180,00 (one hundred eighty/00)

In the event that the Bicycles and/or Accessories are not repairable or are not returned, the Renter shall be liable for the replacement of the Bicycles and/or Accessories.
Repairs shall be carried out solely by the Renter, and the Contracting Party and/or Customer shall not be entitled to take any action to have the Bicycles and/or Accessories repaired.

2.12.16. In the event that the Bicycle and/or Accessories are stolen and/or the Bicycle and Accessories are damaged in a road traffic collision reported by the Competent Authorities, the Customer shall (i) immediately contact the Bicycle Spot where he/she picked up the Bicycle and/or Accessories, (ii) file a complaint with the Competent Authorities, (iii) send to Customer Service a copy of the report submitted to the Competent Authorities within 24 (twenty-four) hours from the filing of the complaint and (iv) within 5 (five) days from the date of the theft and/or accident pay as security an amount equal to the list price of the Bicycle and Accessories subject to theft, taking into account the wear and tear of the Bicycle and Accessories up to the time of delivery of the latter to the Customer. In the event of theft, the amount paid by you and/or the Customer will be refunded if the Bicycle and/or Accessories are found and are in good condition and fit for

2.12.17. Without prejudice to the obligations of the persons identified in Article 2048 of the Civil Code, the Contracting Party and/or the Customer shall be obliged to ensure that the obligations and prohibitions provided for in this Article 2.12, where applicable, are complied with by the Underage Users, and shall otherwise be held liable for any failure to comply with them.

2.13. Limitations and exclusions of liability of the Renter.

2.13.1. The Renter may, at its sole discretion, refuse to rent the Bicycles and/or Accessories to Customers and/or Underage Users in an alleged state of drunkenness and/or under the influence of drugs and/or for any reason deemed valid in which the unreliability of the Customer and/or Underage Users is unquestionable.

2.13.2. It is expressly understood that the Renter shall not be liable for:

i. the lack of possession by the Contracting Party or the Customer of:

  1. requirements needed to book Bicycles and/or Accessories;
  2. documents required to book Bicycles and/or Accessories;

ii. the total or partial non-fulfilment of the Renter’s obligations under these General Rental Conditions and/or the provisions of the Applicable Regulation, if such non-fulfilment is due to causes/events beyond the control of the Renter, such as, but not limited to –:

  1. the failure of the Customer and/or Underage Users to comply with the Information and/or Applicable Road Safety Regulation and/or general rules of prudence and care;
  2. the improper use of the Bicycles and/or Accessories by the Customer and/or Underage Users;
  3. the entry of inaccurate, incomplete, incorrect or outdated information and data for the booking of Bicycles and/or Accessories;
  4. the selection by the Contracting Party of Bicycles and/or Accessories that are not suitable for the Customer’s and/or Underage User’s level of fitness and/or age and/or height;
  5. the failure of the Customer to comply with the timeframe and procedures set out in the General Rental Conditions for the exercise of the right of withdrawal by the Contracting Party and/or the Customer;
  6. the non-performance of the rental of the Bicycles and/or Accessories due to causes not attributable to the Renter;
  7. causes of force majeure (including but not limited to earthquakes, floods, ) and/or situation beyond the control of the Renter and/or the Contracting Party and/or the Customer which invoke such situations and the consequences of which could not have been avoided by taking all reasonable measures.

3. FINAL PROVISIONS

3.1. Customer Service & Complaints. 

3.1.1. You may request information, send communications, ask for assistance regarding the Bicycles and/or Accessories, the Premium Services and these General Rental Conditions, or make complaints, by contacting the service department of the Renter (“Customer Service“) as follows:

i. where the Renter is Spots:

  1. by e-mail to the following address: info@bikespot.it ;
  2. by mail, by registered mail to: Spots r.l., Via Luigi Moretti 2, 33100 – Udine;
  3. by certified electronic mail, to the address spot@pec.evolwe.it;

ii. if the Renter is a Spots’ Partner, by e-mail and/or by registered mail and/or by certified e-mail to the address indicated in the Product Sheet and in the Order

The Renter shall have 5 (five) working days from receipt of the complaints to provide a reply.
3.1.2. The Renter’s tolerance of any conduct of the Contracting Party and/or the Customer and/or the Underage Users which does not comply with one or more of the provisions of these General Rental Conditions or the Applicable Regulation, does not imply any waiver of its rights at any time and in any place.

3.2. Privacy and processing of personal data.

3.2.1. The data provided by the Contracting Party and/or the Customer to the Renter shall be processed in accordance with the Applicable Regulation on Privacy and Processing of Personal Data.

3.2.2. The Contracting Party and the Customer may obtain further information on the processing of personal data by accessing the Renter’s privacy policy, which is available on the Website and in the App.

3.3. Applicable Law and competent court.

3.3.1. These General Rental Conditions are entirely governed by and shall be construed in accordance with the Italian law.
3.3.2. This is without prejudice to the application to Customers who qualify as consumers within the meaning of the Applicable Regulation, who do not have their habitual residence in Italy, of any more favourable and mandatory provisions laid down by the law of the country in which they have their habitual residence, in particular in relation to the time limit for exercising the right of withdrawal and the legal guarantee of conformity.
3.3.3. We remind you that in the case of consumer Customers, for any dispute relating to the application, execution and interpretation of these General Rental Conditions, the competent court shall be the court of the place where the Customers reside or have elected domicile or, in any case, the court identified by the regulations applicable to consumer Customers and under the law of the country in which they have their habitual residence.
3.3.4. In the event of a dispute, the Customer residing in a member state of the European Union other than Italy may also have access to the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed Euro 2.000,00 (two thousand/00), excluding interest, fees and expenses. The text of the Regulation is available on the website https://eur-lex.europa.eu/.
3.3.5. Pursuant to Article 141-sexies, paragraph 3 of the Legislative Decree No. 206 dated 6 September 2005 (Consumer Code), the Renter hereby informs the Customer who qualifies as a consumer as defined in Article 3, paragraph 1, letter a) of the Consumer Code that, in the event that the Customer has made a complaint directly to the Renter, but as a result of which the dispute cannot be resolved, the Renter shall provide the Customer with the information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a Rental Agreement concluded on the basis of these General Rental Conditions (so- called ADR bodies, as referred to in Article 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute. The Renter also informs the Customer who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code, Legislative Decree No. 205 dated 6 September 2006, that a European platform has been established for the on-line resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/ . In any case, the consumer Customer shall have the right to bring an action before the competent ordinary judge in the event of a dispute arising from these General Rental Conditions, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where applicable, of promoting an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code.
3.3.6. For any dispute that may arise regarding the validity, interpretation, effectiveness, execution or dissolution of these General Rental Conditions, between Spots and a Contracting Party and/or Customer who is not a consumer, the Court of Belluno shall have exclusive jurisdiction over such dispute.

Approval of vexatious clauses

1.4.4.ii, 1.4.4.iii, 1.4.5, 2.3.2, 2.6.3, 2.11.2, 2.12.1, 2.12.7, 2.12.11, 2.12.16 (including but not limited to the limitations of the Renter’s liability set forth therein);
1.2.2, 1.4.3, 2.6.4, 2.6.5, 2.7.2, 2.8.2, 2.8.5, 2.8.6, 2.12.15, 2.12.16, 2.13.1, 2.13.2 (limitations on the ability of the Contracting Party and/or the Customer to raise objections with particular regard, but not limited to, the cases described therein);
2.10.1 (right of withdrawal);
2.11.1 (transfer of the Rental Agreement);
3.3.6 (exemptions to the competence of the judicial authority).