TERMINI GENERALI DI CONTRATTO
NOLEGGIO E-BIKE
1. Use
The rental and use of the pedal-assisted bicycle implies the Customer’s knowledge and acceptance of these regulations, the rates, and the opening and closing times of the rental point as indicated in the DIF S.p.A. Customer Form (Annex A). The Customer declares that they are collecting the E-bike and all related equipment in optimal working and maintenance condition. Any damages must be reported before departure and accompanied by photographs as indicated in the Customer Form (Annex A). The use of E-bikes by minors is permitted from 14 years of age and only with written consent from the parent/guardian/custodian (attaching an identity document), who, by signing, assumes all legal responsibilities and authorizes the minor to use the bicycle under the conditions set out in these regulations.
2. Rental Duration and Commencement
The commencement and duration of the Rental are established in the Customer Form (Annex A). The Customer undertakes to return the E-Bike to the rental point by the end date and time indicated in the Customer Form (Annex A). Bicycles are considered returned only if handed back directly to DIF S.p.A. with the countersignature of return on the contract. DIF S.p.A. reserves the right to carry out checks on Customers during the rental period and may request the return of its property if improper use is detected. It may also refuse rental to persons who are intoxicated or under the influence of drugs (pursuant to Articles 186–187 of the Highway Code) or for other reasons at the sole discretion of DIF S.p.A.
3. Fee and Security Deposit
The rental fee, to be paid in advance, is established in the Customer Form (Annex A), as is the amount of the security deposit that the Customer must provide upon signing the rental agreement. This deposit may be used to cover any damages or breaches attributable to the Customer, with the Supplier reserving the right to request any difference should the damage exceed the retained deposit. In the absence of reasons for withholding, the security deposit will be returned upon the bicycle’s return, according to the timing of the Customer’s bank. To obtain the rental of a bicycle, the Customer must provide a deposit in advance through a pre-authorized charge on a credit card, in the amount specified in the Customer Form (Annex A).
4. Customer Obligations and Responsibilities
The use of the bicycle presupposes the technical skill and physical suitability of the person operating it. For this reason, the Customer declares to be aware of the Highway Code regulations governing the circulation of bicycles, as well as to possess adequate abilities and appropriate competence for the correct use of the vehicle. It is forbidden to use the bicycle for commercial activities, to transfer it to third parties, or to use it for participation in sporting events organized by third parties. The E-bike and/or its accessories will not be considered returned if left outside the rental point during closing hours; failure to return the bicycles without prior communication or without justification due to exceptional circumstances will be considered equivalent to theft and reported to the Judicial Authorities.
5. Liability for Damage, Theft, or Loss
The bicycle must be used with care, common sense, and diligence to avoid damage to it, its accessories, third parties, or property. DIF S.p.A. declines all responsibility in the event of improper use of the vehicle or failure to comply with the Highway Code by the Customer. The Customer is responsible for the bicycle until its return; they are also responsible for any damage caused to themselves, the bicycle, third parties, and/or property during use and are therefore required to reimburse the damages caused. No compensation may be requested from DIF S.p.A. Damage assessment may occur even after the bicycle’s return, based on repair estimates, replacement costs for damaged components, or, in the event of total loss, the commercial value of the asset. In case of theft, the Customer, after notifying the Supplier, must reimburse the value of the bicycle indicated in the Customer Form; the amount will be refunded if the bicycle is recovered.
6. Guided Tour Option
If the Customer chooses the rental option with an escort/guide, the Customer expressly acknowledges and agrees that the escort/guide performs only functions of accompaniment, route orientation, and organizational support, without assuming obligations of supervision, custody, or control over the Customer’s conduct. The Customer acknowledges that participation in the tour takes place under their sole responsibility and undertakes to maintain prudent behavior, in compliance with the Highway Code, the instructions received, and their own physical and technical abilities. The Supplier is exempt from any liability for damage to persons or property suffered by the Customer during the tour, even in the presence of the escort, if such damage results from reckless or improper conduct, failure to follow instructions, or events not attributable to the Supplier or the escort. It is understood that the escort is not liable for accidents, falls, or incidents resulting from the Customer’s autonomous conduct, route conditions, traffic, or external factors beyond control; by signing these regulations, the escort/guide is hereby released and exempted from any liability related to the above circumstances.
7. Insurance
The Supplier DIF S.p.A. holds a civil liability insurance policy for third-party damages connected to the activity of renting pedal-assisted bicycles, which covers exclusively damages caused to third parties during use of the vehicle due to missing or inadequate maintenance, expressly excluding damages occurring during races, competitions, or sporting trials, as well as any accident and/or damage caused by the conduct of the bicycle operator. This insurance coverage does not include material damages to the bicycle, nor loss, theft, or removal of the vehicle. In such cases, the Customer remains fully responsible and must reimburse DIF S.p.A. for the value of the asset and/or the cost of the damages, assuming all related obligations by signing this contract.
8. Privacy and Personal Data Processing
DIF S.p.A. will process the Customer’s personal data exclusively for purposes related to the execution of this contract, in compliance with current legislation on personal data protection (EU Reg. 2016/679 – GDPR and Legislative Decree 196/2003 as amended).
9. Applicable Law and Jurisdiction
For matters not covered in these regulations, the relationship between the Parties is governed by the provisions of the Civil Code. For any dispute arising between the Parties, the competent court is BERGAMO, except in cases where jurisdiction cannot be waived under the Consumer Code.