1.1. Purpose of the Service

2.2. Audio guides
The Service offers each Member the possibility of using an Audio guide integrated with the smartphone or tablet’s GPS. The Audio guide is updated during the Member’s movements and supplies him/her with important historical, cultural and naturalistic information on the surrounding environment.

2.3. Possible malfunctions of the Audio guide
The Operator is not liable for any malfunctions which may occur when using the Audio guide when, for example and not limited to, these depend on a slow mobile data network, failed network coverage of the Member and/or User’s telephone operator, malfunctions regarding the smartphone or tablet used and, in any case, when they are due to causes not attributable to the Service.

How much does it cost to use the Ride Me service?
The final cost of the service depends on the duration of the rental and the number of bicycles rented. The rate is daily only and the calculation of the amount due starts when you unlock the bike and ends at 12:00 p.m. of each day of use.

3.1. Service access
Service membership is open only to individuals aged 18 years or older.
Access to the Service is conditioned on a specific membership, subject to:

• acceptance of the present General Conditions, to be made through the acknowledgement and acceptance of the present agreement (hereinafter referred to as the “Agreement”) and
• acceptance of the Privacy Policy attached to the Agreement (with the right to provide or refuse the required consent).

3.2. Membership procedure

• It is possible to subscribe through the official “Ride Me” application for smartphone and tablet, which can be downloaded from the AppStore or GooglePlay.
• Once the “Ride Me” app has been downloaded, the Member must complete the registration and create an account with the required details, included the authorisation to automatic Service fee payment and auto penalty payment.
• Registration will be complete only upon receipt of the confirmation message/e-mail that will be sent to the Member at the end of the registration procedure.

3.3. Information on Service use

• The present agreement is stipulated exclusively between the Operator and the Member for what concerns the download and use of the “Ride Me” app, Service fee payment and auto penalty payment.
• Following the stipulation of the Agreement, the Member will have the right to pick-up a maximum of two (2) bicycles at the same time.
• The Member can grant the use of the bicycles rented with his/her account to third parties (hereinafter “User” or “Users”) in compliance with the present Agreement.
• The Member lending the bicycles rented with his/her account to other Users is fully liable for the payment of the Service fee and penalties. The Member undertakes and agrees to indemnify and hold harmless the Operator against any damages, legal and/or out-of-court actions arising out of or in connection with a misuse of the bicycles by himself/herself or the User.
• The Member is liable for every bicycle rented with his/her account and, in addition, for ensuring that every User complies with the instructions and provisions given in the present Agreement. The Member will also guarantee that the Users are aware and informed on all the applicable rules, regulations, codes and local, state and regional laws that regulate the safe and legal use of bicycles.
• The Member declares to be aware of the fact that the Audio guide included in the Service is combined to an only account and, therefore, it can only be used by the smartphone or tablet of the Member who signed up for the account that is charged with the corresponding rental fee.

3.4. Payment terms

The payment of the Service can be settled exclusively through the PayPal circuit or with credit card, on the Master Card, Visa or American Express circuit, with line of credit. Upon registration, the Member must provide the Operator with all credit card details for the rental payment, and also authorise the Operator to check bank solvency of the Member.
The Member authorises, with immediate effect, the Operator to retain any amounts due as rental fee or penalty as provided by following Art. 6.

3.5. How to access the Service
The Service is accessible within the limit of the number of bicycles available at every Station, exception made for force majeure or decisions made by competent authorities to totally or partially, temporarily or permanently limit the use of one or more Stations or cycling circulation on the territory interested by the “Ride Me” service.

3.6. Restrictions on Service use
The Member acknowledges and agrees that the Operator may modify the position of the Stations, thus has the right to manage the Service at his/her sole discretion. Any changes will be notified in the app.

3.7. Possible changes to the General Conditions
In order to maintain the flexibility of its commercial relationships, the Operator reserves the right to update and/or amend at any time, the present General Conditions regarding the use of the Service, prior to written notification to the Member sent to the e-mail address provided upon registration. Amendments to the present General Conditions will have effect upon the Member and will be intended as implicitly accepted should the same not withdraw from the Agreement within 15 days from receipt of the notification of the update and/or amendment of the present General Conditions. The procedure for withdrawing from the Agreement will be described in the e-mail sent to the Member.

5.1. Member and User’s bans and commitments related to correct bicycle use
The Member undertakes to use the Service with due care and diligence according to the reasonable person standard, and in compliance with applicable laws, rules and regulations and the present General Conditions.
From bicycle pick-up to return, included any possible intermediate stops, the Member undertakes to safeguard and use the bicycle with due care and diligence, according to the reasonable person standard, so as to not cause any danger or impediment for the circulation and so that in any case road safety is ensured.
The Member undertakes to respect the norms of the Road Code and following amendments and integrations, the relevant Implementing Regulation (Legislative decree no. 285/1992, Italian Presidential decree no. 495/1992), any public regulation governing bicycle circulation and the present General Conditions.
The Member guarantees that any User will use the Service with his/her same diligence, in compliance with the applicable legislation and present General Conditions.
In particular, the Member and User are prohibited from:

1. Damaging the bicycle or however using it on surfaces or under conditions which may damage it
or engage in conducts which may carry the risk of damaging the bicycle
2. Transporting any passenger in any way
3. Leaving the bicycle unattended and/or unlocked with the lock provided or however engaging in conducts which may carry the risk of bicycle theft
4. Dismounting or attempting to dismount the bicycle, in whole or in part
5. Modifying the structure or aspect of the bicycle
6. Transporting the bicycle with private means
7. Using the bicycle in a way which is contrary to public order and norms on public safety or engaging in conducts which may damage the image or reputation of the Service

In particular, the Member and User undertake to:

1. Carefully inspect the bicycle to be used before unlocking it, to make sure that it is in good working conditions.
2. Try the bicycle components before using it. These include: brakes, tires, gears, pedals, frame and seat.
3. Promptly inform the Operator, through the specific section of the app, about any defect, malfunction or necessary repair to be performed on the bicycle.
4. Promptly inform the Operator, through the specific section of the app, about any accidents involving personal injuries which occurred while using the Service.
5. Promptly inform the Operator, through the specific section of the app, about the theft of the bicycle.
6. Use the Service with maximum care and diligence, and in compliance with applicable laws, rules and regulations.
7. Not use the service in case of physical or mental conditions impeding a safe use of the bicycle.
8. Not use the bicycle under the effect of alcohol, drugs or any other substance which may compromise the capacity to safely ride it.
9. Not use the bicycle while transporting any object which may prevent its safe use.
10. Not transport other people on the bicycle.
11. Not use the bicycle to race, jump, perform acrobatics and ride off road.
12. Return the bicycle by neatly parking it in one of the docks at a Station as indicated in the app.
13. Return the bicycle within the maximum rental period as per Art. 4.5.

In case of violation to the commitments and bans as indicated above, the Operator will have the right to terminate the present Agreement pursuant to following Art. 8, exception always made for the application of penalties as set in following Art. 6.
In case of damage of one or more bicycle components, the Member will compensate the Operator with an amount equal to the value of the damage according to provisions set in Art. 6, exception made for the right to sue for larger damages suffered.
The Member authorises, with immediate effect, the Operator to charge any amounts due as rental fee or penalty as provided by following Art. 6.

5.2. Small ordinary maintenance services
The Member and User may perform small ordinary maintenance services on the bicycle, such as, for example: rise and lower the seat, inflate the tires and put on the chain if it falls off. The Member will be liable for any damages to the bicycle and/or injuries to him/herself and/or third parties which may occur during the ordinary maintenance services.
The Member authorises, with immediate effect, the Operator to charge the amounts due as penalty as provided by following Art. 6

5.3. Assumptions of risk
The Member and User declare that they are able to ride a bicycle and that they are in conditions which allow them to perfectly use the same.
The Member and User acknowledge and explicitly agree that the bicycle rental and use are at their own risk. The Member and User understand that cycling can be a dangerous activity which may involve risks for them and others, and are fully aware of the damages and harms such as injuries, partial or total invalidity, paralysis and death, which may arise out of the use of the Service. The Member and User are solely liable for obtaining and using a helmet and protective equipment, which are not included in the Service.
The Operator is liable for the management, daily maintenance and repair of the bicycles but this does not mean that he/she must guarantee that all bicycles available are totally absent of defects. For this reason, before use and for the entire rental period, the Member and User must check that the components are intact and, in case of malfunctions, must report them to the Operator through the specific section of the app.

5.4. Assumptions of liability
The Member will be exclusively liable for direct and/or indirect damages caused to third parties (to people and/or things and/or animals), to him/herself, things and/or his/her animals or those of third parties, by effect of or as a consequence of the use of the bicycle and/or Service, for facts which may be attributed to the Member or User.
The Member will also be exclusively liable for the loss, damaging and/or theft of things and/or animals present on the bicycle.
The Member authorises, with immediate effect, the Operator to charge the amounts due as penalty as provided by following Art. 6.

5.5. Bicycle use by underaged cyclists
If the User is an underaged cyclist, the Member will declare that the minor is able to ride, knows the road circulation rules and is in a condition to perfectly use the bicycle.
If the User of the Service is a minor, the Member will be exclusively liable for any direct and/or indirect damages that the User may cause to him/herself or to third parties (to people and/or things and/or animals), by effect of or as a consequence of the use of the bicycle, for facts which may be attributed to the same minor.
If the User of the Service is a minor, the Member will also be exclusively liable for the loss, damaging and/or theft of things and/or animals on the bicycle.
The Member authorises, with immediate effect, the Operator to charge the amounts due as penalty as provided by following Art. 6.

5.6. Liability for administrative penalties
The Member, even in the case the Service is used by an underaged cyclist, undertakes to indemnify and hold harmless the Operator against any possible administrative money penalties inflicted during the use of the bicycle for violations by the Member or User to the provisions of the Road Code and/ or relevant Implementing Regulations.
The Member, even when the Service is used by an underaged cyclist, undertakes to indemnify and hold harmless the Operator against any further action/claim from third parties or Public Authorities as a consequent to the facts which may be attributed to the Member or User.
The Member authorises, with immediate effect, the Operator to charge the amounts due as administrative penalties.

5.7. Bicycle theft
In case of theft, the Member must timely report to the competent Bodies (Police or Carabinieri) and immediately inform the Operator by calling the telephone number given in the app. A copy of the report must be sent via e-mail to the Operator within 48 hours from the same report to the address: info@rideme.it.
The User will have to pay the Operator an amount equal to the value of the single component up to a maximum of € 500.00 for the entire bicycle, exception made for the right to sue for larger damages suffered according to Art. 6 and without prejudice to the Operator’s property right pursuant to Art. 9.
The Member authorises, with immediate effect, the Operator to charge the amounts due as penalty as provided by following Art. 6.

5.8. Accidents during rental
In case of accidents involving personal injuries when the bicycle is used, the Member must immediately inform the Operator by calling the telephone number given in the app.
When using the bicycle should an accident impede the Member or User from using the bicycle and should such accident not be a consequent of the violation of instructions given under Art. 5, paragraph 1, such as, for example but not limited to, the accidental puncture of a tire, the accidental breakage of the brakes, the accidental breakage of the chain or the breakage of a component which is fundamental for the safe use of the bicycle, the Member must immediately inform the Operator by calling the telephone number given in the app.
Customer service, prior to the sending of a telephone notification to the Operator through the telephone number given in the app, will, on the basis of the circumstances reported by the Member and prior to checking the same, ascertain whether the rental period should be immediately terminated and the amounts calculated following the notification of the accident refunded.

5.9. Customer service
Customer service operates exclusively with electronic means.
The price of the Service and rental does not include any type of direct customer service at the accident site.
In the event of accidents given as example in Art. 5, paragraph 8, the Member and User must return, as per procedure given in Art. 4, paragraph 2, the bicycles, with their personal means, to the Stations as per Art. 2, paragraph 1.

6.1. List of penalties
In case of loss, theft, late return or damaging of the bicycle, even if not attributable to the Member or User, the Member – exception made for the right to sue for larger damages suffered – will be charged the following penalties, that he/she agrees are consistent and proportionate with the cases listed below, exception made, in any case, for the Operator’s right to terminate the agreement pursuant to Art. 8.

1. In case of bicycle return after 12.00 a.m. of the 15th day following the day of pick-up, the Member will be charged a penalty of Euros 30.00 per day for each bicycle not returned, as per procedure given in Art. 4, paragraph 2, to one of the Stations as indicated under Art. 2, paragraph 1.
2. In case of bicycle damaging, the Member will be charged a penalty from Euros 50.00 to Euros 500.00 for each bicycle damaged.
3. In case of loss, theft or considerable damage or failed return of the bicycle, prior to fulfilment of obligations given in Art. 5, paragraph 7, the Operator reserves the right to charge the Member an amount equal to the value of the good lost, stolen or damaged, for a maximum amount of Euros 500.00 for each bicycle.
4. The Member will also be liable for any greater damage caused by means and/or with the help of the bicycle to persons and/or things (included the same bicycle), due to his/her conduct.

6.2. Penalty charging method
The Member authorises, with immediate effect, the Operator to charge the amounts due as rental fee and penalty on the PayPal account provided on registration.

The Member agrees, with immediate effect, that the Operator may transfer the Agreement to third parties in accordance with Art. 1406 and following of the Italian civil code.
Should the Operator transfer the Agreement to third parties, he/she undertakes to inform the Member about the transfer by sending a written communication to the e-mail address provided on registration to the Service.

The Operator will have the right to terminate the present Agreement, pursuant to and by effect of Art.1456 of the Italian civil code, by sending a written communication to the e-mail address provided on registration to the Service, if the following cases occur:

• The Member or User violates his/her obligations given under Art. 5, paragraph 1
• The bicycles are not returned within the maximum rental period of 15 days starting from 12.00 a.m. of the day of pick-up of the bicycle(s).

In any case, without prejudice to the application of penalties as sent in Art. 6.

All bicycles are and remain the sole property of the Operator.
All intellectual property rights related to the “Ride Me” Service, as well as all items advertised in it, are the Operator’s property.
Such contents are protected by the legislation on copyright and intellectual property at national and international level.
All above mentioned intellectual property rights reserved.
The Member and User will not copy, reproduce, republish, download, publish online (“post”), disseminate, transmit or use in any other way the contents owned by the Operator, exception made for personal and non-commercial use.

By accepting the present Agreement, the Member declares that he/she has understood and accepts, without reservation, all the provisions and clauses regarding the “Ride Me” bike sharing Service and unconditionally endorses them.
The Member will be liable for every bicycle rented with his/her account and, in addition, for ensuring that every User using a bicycle rented with his/her account complies with the instructions and provisions given in the present Agreement and that they are informed on all the applicable rules, regulations, codes and local, state and regional laws that regulate the safe and legal use of bicycles.

Any dispute arising out of or in connection with the interpretation and/or implementation of the Agreement and use of the Service will fall under the exclusive jurisdiction of the court of Gorizia. Without prejudice to disputes with end users which fall within the jurisdiction of the court of the end user’s residence or place of service.
The present Agreement is governed by Italian law.