A – BIKES | GENERAL TERMS AND CONDITIONS
The rental and usage of the bicycle (electric/standard bicycle) presupposes the customer’s unconditional knowledge and acceptance of this Regulation, the rates, the opening and closing times of Stunning Bike Co-Tours, the owner of the property based in Via Rezzonico, 32 – Como.
1. Who can benefit from the service
a. To rent an electric bicycle, the Customer must be over 18 years old. Use is permitted for minors of 16 years or older, upon completion by the parent / guardian / legal representative of the minor of this contract in all its parts. In case the contract will not be filled in with all the required data it will not be effective.
b. Bicycle use presupposes the physical fitness and technical expertise of those who intend to rent it. Therefore the Customer hiring the bicycle declares that he/she has adequate capacity and competence, without any reserve.
c. The Rental Service Manager may make checks on Customers while using bicycles and may require immediate return if the conditions of improper use of the vehicle are felt. The Manager may refuse rental to people in drunkenness or under the influence of narcotics (in accordance with Articles 186-187 of the Highway Code) and for other reasons to the unquestionable judgment of the Manager.
2. How to Use the Service
a. The bicycle is to be used exclusively as a means of transport and must be carefully considered by the good father of family in compliance with the rules of the Highway Code (Legislative Decree 30/04/1992, 285 and subsequent amendments and additions) to avoid damage to both the Customer and accessories.
It is forbidden to use bicycles for commercial activities, sporting events, neither it is possible to use it by other people.
b. The Customer is required to be at the starting location 30 minutes before the service begins. If the Customer is late, no partial or total delivery of the service is ensured. In any case, the payment for the entire service must be completed.
c. The Customer declares that the bicycle he has taken is in perfect condition and commits to return it under the same conditions, respecting the communicated timetables, at the same place where it was hired. After taking the bicycle, the Customer must check if it is working and in perfect conditions. Otherwise, the bicycle must be handed over to the Operator immediately, informing him of the malfunction. The bicycle is deemed to be returned directly to the Operator; It can not be considered to be returned parking it outside the rental place during the closing time. Failure to return the bicycle without prior notice or otherwise not motivated by exceptional cases will be considered a crime and therefore reported to the Judicial Authority.
d. The Customer must pay the rental from its start time until the termination of the rental contract, as well as any damage, total or partial or theft, total or partial, resulting on the delivery note. The payment can be done online or on site.
e. In case of cancellation the Customer is required to inform the operator within 24 hours. In the event that this provision is not met, the Customer will not be entitled to a refund of the payment, if you have made it in advance, except any cause not attributable to the Customer (weather).
f. In case of cancellation, the manager is obliged to immediately notify the Customer by email or mobile phone indicated by him in the contract, except the reimbursement of the perceived payment.
g. Payments of damages (indicated in the above section) can be made after the damage is found (if possible) otherwise they will be paid by the credit card of the Customer which is scanned during the checkin process, so the Customer authorizes the owner to acquire the details of the credit card to pay damages with the withdrawal of the amount from the credit card. The details are available to the Owner and are not visible in the printed copy of this contract to preserve the privacy of the Customer.
3. Customer’s Responsibility
a. The Manager declines all forms of liability in the event of improper use of the bicycle or failure to comply with the Code of the Highway Code.
b. In case of loss of keys, bicycle accessories or damage, the Operator will require the Customer the payment to restore the vehicle to its original state, based on the cost of the repair and the Main Damage Compensation List.
c. The Customer is considered responsible for everything that happens to the bicycle and will have to keep it with the diligence of the good father of family. In case of theft of the bicycle, the Customer must immediately notify the incident to the Manager and submit a copy of the Police Report.
The Customer will also have to pay the Manager the entire value of the bicycle and the accessories as indicated in the Main Damage Compensation List.
If the damage will be higher than the bicycle value, the Customer will be responsible for it.
d. The Customer is responsible for any damage caused to the electric/standard bicycle in each component and accessory (iPad, Headsets etc…) until it is returned to the Operator as of the Main Damage Compensation List. No claim must be filed to the Manager.
e. The Customer is also liable for all direct and indirect damages caused to third parties (people, things, animals) as well as to himself / herself and to his / her property / people as a consequence of the use of the electric bicycle with consequent obligation to directly compensate all the caused damages to the Operator.
f. In the event of an accident and / or accident involving the Customer or the bicycle, he / she is obliged to immediately notify the Operator.
g. If the bicycle is found or recovered, the amount paid will be immediately returned to the Customer deducted of the expense for any damage found.
h. The Customer is relieved of any theft-related liability solely and exclusively if he / she is victim of an assault and only if he or she demonstrates the occurrence with a specific complaint made to the competent authorities.
i. The Manager is never responsible for any damage caused to the Customer by third parties (people, things, animals) while using the vehicle. He is also never liable for any loss, theft or destruction of objects on board the bicycle during use, including the eventual phone put on the phone holder placed on the dashboard of the bike.
j. The Manager accompanies the Customer in the exclusive case of an eventual goods theft owned by the Manager and and for eventual technical problems.The Manager is not responsible to take back the customer to the rental office in case of accidental damages (punctures etc…) except for exceptional cases, for an extra amount to be evaluated.
4. Manager’s Responsibilities
a. In accordance with the general rules of liability for damages and liability of the manufacturer of a defective item, for damage to the Customer and / or third parties, the Operator is only liable if the damage is due to the failure of the bicycle’s technical parts and for causes chargeable to the Operator.
5. Applicable Rules
a. As far as not mentioned in this regulation, the relationship between the parties (contractors) is governed by the rules of the Civil Code.
6. Competent Forum
a. For any dispute arising between the Parties, the competent forum is located in Como.
The validity of this contract is strictly related to the Italian version, as of the article n. 9 of the Italian Consumption Code. The original Italian version of these terms and conditions is translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the Italian version and any other language version of these terms and conditions, the Italian language version to the extent permitted by law shall apply, prevail and be conclusive. The Italian version is available on our website (under Terms and Conditions) and it is sent via email after the contract is signed.
B – ELECTRIC SCOOTERS | GENERAL TERMS AND CONDITIONS
“Regulatory” the national and local regulatory provisions in force in Italy and in the city where the Service is carried out at the time of the Stunning Bike Co-Tours contract conclusion.
“Customer Service” available from 10 AM to 7 PM. It can be contacted via email [email protected] or phone +39 339.4364906
“Website” Stunning Bike Co-Tours website: URL stunningbikecotours.com or stunningbikecotours.eu
“ID” Identity Card, passport or driver’s licence.
“Scooter” the scooter (muscular or electric) provided by Stunning Bike Co-Tours, used by Customers to use the Service.
“Stunning Bike Co-Tours Contract” the contract between the Customer and Stunning Bike Co-Tours governed by these General Conditions Stunning Bike Co-Tours which has as its object the performance of the Stunning Bike Co-Tours Service through the conclusion of individual contracts.
1. SERVICE REQUIREMENTS. In order to use the Service, the Customer must:
a. Be 18 years or older pursuant to the Regulations; however, those who are at least 14 years old (“Minor”) can use the Stunning Bike Co-Tours Scooter if they have an AM category license and if the parent or legal guardian of the Minor has signed on behalf of the minor, has lent his consent and has undertaken to supervise the use of the Service by the Minor, as well as has declared and guarantees that he / she and the Minor have accepted these Terms and also guarantees that they are fully responsible for any injury, damage, cost and expense resulting from the use of the services by the Minor, in accordance with the following Terms and in accordance with the provisions of the law. Those under the age of 14 cannot use the Services or Stunning Bike Co-Tours scooters;
b. Stunning Bike Co-Tours reserves the right to deny using the Service on the basis of its unquestionable assessment on the solvency of the potential Customer, or on the previous incorrect operation with Stunning Bike Co-Tours or with any other operator operating in the car/bike/scooter Rental Sector.
c. The Customer:
3. fully accepts the Price List;
2. SERVICE AVAILABILITY. The Customer is aware that the Service may be subject to limitations and impediments that go beyond the control of Stunning Bike Co-Tours, such as, by way of example and not limited to:
a. the interruption of the Service following natural disasters (e.g. earthquakes or floods) or causes of force majeure (e.g. strikes, lockouts) or other cause in any way attributable to Stunning Bike Co-Tours;
b. damage to the Scooter by third parties;
c. failure to recharge the Scooter.
3. PRELIMINARY INSPECTION OF SCOOTER
a. Before using the Scooter, the Customer must always carefully check that the Scooter is free of malfunctions, defects or damage. The verification must be particularly rigorous with reference to the brake system, the handlebar, the structure, the tires and the acceleration device of the Scooter which must be previously tested by the Customer – together with his ability / ability to drive the Scooter – several times along a safe route in the absence of other people or vehicles.
b. In any case, it is strictly forbidden to modify and / or repair the Scooter.
4. USE OF THE SCOOTER
a. Customers will only be able to ride on cycle paths or in a private lane with speeds 6 to 15 km/h., In pedestrian areas, with a speed below 6 km/h. In “Area 30” areas, where the speed limit of 30km/h, the speed is 6 to 15 km/h.
b. Customers are responsible to adjust the speed of the scooter and must scrupulously comply with the Regulations respecting the speed limits by means of the appropriate regulator located on the scooter.
c. If the Customer exceeds the limits imposed by the Law, changing the selector on the speed regulator assumes full responsibility for any damage caused to things and third parties and will have to pay for any damage caused not paid by the insurance contract as well as taking full civil liability and / or penalties for damages caused.
d. It is forbidden to ride in urban areas with an irregular paving (pavé type), pursuant to the Regulations, both for safety reasons of the Customers and to avoid possible damages to the Scooter.
e. Near pedestrian crossings, Customers must drive the vehicle by hand.
f. The devices are intended to use by Customers with standing posture and cannot be equipped with a seat for the Customers.
g. Customers must comply with the instructions given on the manual of each device for electric micro mobility as well as, in the case of rental, with the requirements of Stunning Bike Co-Tours di Malinverni Andrea.
h. When, pursuant to art. 3 and related annex 2, the circulation of devices for electric micro mobility in pedestrian areas is allowed, Customers cannot exceed the speed of 6 km/h: for this purpose, it is provided a speed limiter that must be used, by art. 2 co. 7, second sentence, of the aforementioned decree.
i. When the circulation of electric micro mobility devices is allowed on cycle paths, on pedestrian and cycle paths, identifiable with figure II 92 / b of the Decree of the President of the Republic December 16, 1992, n. 495 and in “Area 30” areas (or similar to them for technical, functional and circulation characteristics), Customer must conform his/her behavior to the provisions of art. 182, co. 1, with the exclusion of the hypothesis of circulation outside the inhabited centers, and paragraphs 2.3, and 4 of the so-called and referred to in art. 377 co. 1,2,3,4,6 and 7 of the D.P.R. December 16, 1992, n. 495, containing the regulation for the execution and implementation of the “Nuovo Codice della Strada” (New Highway Code).
j. When pursuant to art. 3 and related annex 2, the circulation of devices for electric micro mobility in pedestrian areas is allowed, Customers must avoid any behavior that hinders the normal transit of other pedestrians. However, the provisions of paragraph 10 of the aforementioned art will apply. 190 of the Highway Code.
k. After sunset and half an hour before its rising, the drivers of the electric scooters that circulate on roads falling in zone 30 or on the cycle path will also have the obligation to wear the high-visibility retro-reflective vest or braces. referred to in paragraph 4 ter of art. 162 of the Highway Code. The provisions of paragraph 10, first sentence, of the aforementioned art. 182 of the Highway Code will apply.
l. It is always encouraged the use of a protective helmet.
m. The requirements regarding speed limits will not apply, however, where the devices for electric mobility are used by the subjects referred to in art. 12 co. 1 of the Highway Code, in compliance with the limits laid down therein.
n. The circulation of electric micro mobility devices that are different from the types and characteristics referred to in art. 2 and related attachment 1 of the Decree of the Minister of Infrastructure and Transport is prohibited.
o. The circulation of the aforementioned devices is also prohibited in the absence or in accordance with the authorization pursuant to art. 3 and related attachment 2 of the aforementioned Decree, as well as with respect to the rules of conduct provided therein.
p. The penalties provided for by the legislative decree 30th April 1992, n. 285 and following mod. bearing the “New Highway Code” are applied. In case of violation of these rules of conduct, drivers may be subject to a fine from 26 to 102 euros.
q. Customers undertake to use the scooter with the care and diligence of the good father of the family (Art. 1176 of the Civil Code), scrupulously observing the Regulations and, in particular, those relating to road traffic, carefully avoiding investing pedestrians, as well as to cause collisions with vehicles (e.g. when crossing the roadways or when the vehicles are parked). When using a Stunning Bike Co-Tours Scooter, the Customer must be able to guide and maneuver the Scooter competently, use the Scooter safely, conscientiously, attentively and responsibly, observe all signs and road signs and take all reasonable precautions.
r. The Customer will ride throughout the Rental Period in compliance with the Regulations and safely for himself and for others, avoiding the consumption of alcohol, drugs, or any other substance that could alter the normal psychophysical state of wakefulness or decrease the carefulness when using the Scooter.
s. If the credit card or prepaid card, if allowed, provided by the customer refuses a charge, Stunning Bike Co-Tours will proceed to make further attempts to charge and, in case of non-charge or refused charge, Stunning Bike Co-Tours will communicate the payment failure to the Customer, reserving the right to suspend the Customer from the Service until the balance of any debts.
t. The Customer cannot in any way use the Scooter:
1. for the transport of goods or people in violation of the Regulations;
2. for speed races or competitions of any kind;
3. for the transport of animals;
4. for the transport of children and / or passengers, with or without compensation;
5. to perform a rental service to third parties, or for any other business purpose;
6. to commit civil, criminal or administrative illegal acts;
7. to perform acts contrary to public order and public safety rules, or to behave in ways that could damage the image or reputation of Stunning Bike Co-Tours;
8. to transport dangerous, flammable, toxic or similar substances;
9. to carry weapons, explosives, radioactive, bacteriological and similar materials;
10. to transport objects with a shape, size or weight such as to jeopardize the safe operation of the Scooter or to damage parts of it, pedestrians, vehicles or other third party goods; in any case, the transport of any object weighing more than 10 kg is prohibited;
11. if the Customer’s weight is equal to or greater than 100kg for stability and security reasons
12. for towing other Scooters, people, vehicles or other objects
u. The Customer in any case mustn’t:
1. if atmospheric conditions require lighting, all devices without or without a fixed white or yellow front light and red reflectors or fixed red light at the rear cannot be used, but only conducted or transported by hand;
2. transport the Scooter by private means;
3. dirty, damage or deface the Scooter;
4. drive the scooter in a way that causes or is likely to cause injury, annoyance, worry or distress to others;
5. use the scooter in case of strong wind or bad weather, floods, floods, floods, overflows, earthquakes, etc .;
6. remove any part, even if only decorative, of the Scooter;
7. disassemble, tamper with the Scooter or perform or have any type of repair or modification of the Stunning Bike Co-Tours Scooter;
8. leave the scooter unattended even for a short period of time or otherwise adopt behaviors or actions such as to generate the risk of theft of the scooter;
9. remove copyright, trademarks or other distinctive signs of the scooter;
10. use the Scooter to bring items that:
a. can cause injury or damage to the Customer or any other person;
b. can cause damage to the Scooter or other third party assets;
c. may have a negative effect on the safety of the Scooter or on its ability to move;
d. are prohibited by the Regulations;
v. Where permitted, the Customer must ensure that all goods and items transported are effectively tied and / or insured at all times.
x. Stunning Bike Co-Tours reserves the right to take recourse against the Customer in the event that the Customer has determined or facilitated the theft due to willful misconduct, fault, carelessness or negligence, charging him, as compensation for damage due to non-fulfillment or irregular fulfillment, an amount equal to the value of the scooter quantified in Euro 500.00.
y. Any sanction imposed for the use of the Scooter by the competent authorities for failure to comply with the Regulations by the Customer will be fully borne by the Customer himself, including any additional costs and / or charges. Stunning Bike Co-Tours reserves the right to apply penalties to the Customer when the circumstances envisaged and regulated by the Stunning Bike Co-Tours Agreement and the Regulations materialize, except in any case for compensation for greater damage. In particular, after carefully examining the case and ascertaining the involvement of the Customer Stunning Bike Co-Tours communicates the amount of the penalty to the Customer by e-mail, following the aforementioned
communication, this will be charged to the credit card or prepaid card communicated by the Customer Failure to pay the penalties may result in the suspension and / or termination of the Contract and the related amounts will be recovered by Stunning Bike Co-Tours in accordance with the law.
z. In addition, in case of violation of these agreements, Stunning Bike Co-Tours will have the right to terminate the Stunning Bike Co-Tours Contract in progress without notice pursuant to and for the purposes of art. 1456 of the Italian Civil Code, due to the Customer’s breach of contract. Stunning Bike Co-Tours reserves the right to act for damages and to take any legal action to protect it in the competent offices.
5. CHARGE OF THE SCOOTER
a. The Scooter cannot be subject to the Stunning Bike Co-Tours Service if the charge is equal to or less than 25% (2 notches) of the specific indicator on the Scooter handlebar.
b. If during or at the end of the rental the charge level of the scooter battery, as resulting from the indicator on the handlebar, falls below 25%, the Customer is required to return the scooter at the end of the rental period. In the absence of the return of the Scooter by the Customer, it reserves the right to block it for safety reasons.
6. STUNNING BIKE CO-TOURS’ RESPONSIBILITY
a. The Customer benefits from the Stunning Bike Co-Tours Service in the full awareness that the responsibility for the damage to people or property of the Customer and / or third parties during the use of the Scooter is exclusively for the Customer. b. The responsibility of Stunning Bike Co-Tours is in fact regulated by Book IV, Title IX of the Civil Code, with the exception of art. 2054, since the scooter is not a “vehicle” within the meaning of the Regulations. It is understood that, in the cases in which, pursuant to the Regulations, there is a responsibility for Stunning Bike Co-Tours, the same will operate only if the Customer has correctly completed the verification procedure of the scooter referred to in art. 9.
c. Stunning Bike Co-Tours is only liable to the Customer for direct, typical and reasonably foreseeable damages when concluding the Stunning Bike Co-Tours Agreement, always if intentionally or negligently caused by Stunning Bike Co-Tours. No clause of these General Conditions Stunning Bike Co-Tours excludes or limits the liability of Stunning Bike Co-Tours in the event of willful misconduct or gross negligence of Stunning Bike Co-Tours.
d. Stunning Bike Co-Tours is not responsible for the losses suffered by the Customer including, but not limited to, the losses in terms of profit.
e. Stunning Bike Co-Tours is not responsible if failure to comply with these General Conditions Stunning Bike Co-Tours on its part is due to force majeure, the fact of the third party or any reason beyond its control.
f. The responsibility for damage to people or property of the Customer and / or third parties, during the use of the Scooter, lies exclusively with the Customer as well as that for any injury, damage or loss that derives from failure to comply of the obligations set forth in the terms or in the applicable legislation.
7. INSURANCE COVERAGE
a. A civil liability insurance has been activated and insures the Customer against liability for injuries caused to third parties or accidental damage to third party assets deriving from the use of a Stunning Bike Co-Tours Scooter.
b. The cost of insurance is included in the rate of use of a Stunning Bike Co-Tours scooter and the Customer cannot waive the insurance.
c. The insurance does not provide coverage in relation to any injury or damage that the Customer may suffer in the event of an accident.
d. The Customer acknowledges and is aware that Stunning Bike Co-Tours suggests activating suitable insurance coverage in relation to the use of the Service.
e. To this end, the Customer can activate the coverage he deems most appropriate with insurance companies of his trust in order to protect damages deriving from the use of the scooter on his person.
8. OBLIGATIONS IN THE EVENT OF AN ACCIDENT, DAMAGE, DEFECT OR THEFT .In the event of an accident involving the Scooter, or in the event of damage or injury to something or person resulting from the use of the Scooter, the Customer must:
a. stop the Scooter as soon as possible in an area in total safety;
b. contact Stunning Bike Co-Tours through the Customer Service on +39 339.4364906 and via email ([email protected]) to inform about the accident / damage / injury and cooperate by providing all the necessary information required by Stunning Bike Co-Tours ;
c. report the accident / damage / injury to the Police and / or other Public Authority, regardless of whether it believes it was caused by one’s own conduct or that of a third party;
d. remain at the accident / damage / injury site, unless the Law requires otherwise, until:
1. it has been ascertained that all the people involved have not suffered injuries and, in this case, until the arrival of medical help;
2. the Police and / or other Public Authority came to the scene of the accident and prepared the appropriate report;
3. all necessary measures have been taken to safeguard the tests and to minimize the damage, in collaboration with Stunning Bike Co-Tours;
4. the Scooter has been removed by a company specialized in collaboration with Stunning Bike Co-Tours and has been parked safely or taken elsewhere;
e. obtain general information, vehicle plates and other data necessary to contact all the vehicles and people involved, including witnesses;
f. obtain a copy of the report drawn up by the Authorities.
g. in the event that the Customer does not have fulfilled even one of the tasks indicated in the letters above, Stunning Bike Co-Tours is held free from any responsibility and will have the right to terminate the Stunning Bike Co-Tours Contract, without prejudice to the possibility of requesting compensation for all damages suffered by the Customer due to failure by the Customer to fulfill his obligations.
h. In the event of an accident, the Stunning Bike Co-Tours Agreement will not be considered terminated until the Scooter has been duly returned pursuant to these Stunning Bike Co-Tours General Conditions. However, if the Scooter no longer works or is no longer able to travel due to the accident, the Stunning Bike Co-Tours Contract will end with the authorization of the Customer Service. In the event of damage to a scooter during the trip, the Customer must report the damage to Stunning Bike Co-Tours as soon as it is possible to do so safely, by writing to the address [email protected]
i. Depending on the extent of the damage caused to the scooter, Stunning Bike Co-Tours may charge the Customer up to a maximum amount of Euro 500.00, without prejudice to the Customer’s ability to demonstrate that the fact occurred without his fault.
j. The Customer must compensate all damages against Stunning Bike Co-Tours and the other parties involved in the accident. The Customer agrees to indemnify and hold Stunning Bike Co-Tours harmless from any and all claims, claims, losses, liabilities and expenses (including reasonable legal fees) arising or connected.
k. By way of example, the Customer will be required to reimburse Stunning Bike Co-Tours the sums relating to the following expenses:
1. loss or damage to the Scooter, its accessories, third parties or third party assets;
2. loss of earnings suffered by Stunning Bike Co-Tours and due to the inability to rent the Scooter. This loss will be calculated based on the rate equal to the use for a whole day;
3. any type of charge imposed by the Authorities;
4. any other type of cost, including traffic offenses, blocking / removal of the Scooter;
5. VAT and other taxes relating to the above items.
l. In the event of failure, delayed or partial payment, legal interests will be applied to the Customer.
m. The selection of the scooter repair and restoration workshop will be the exclusive responsibility of Stunning Bike Co-Tours.
n. In the event of loss or theft of a Stunning Bike Co-Tours Scooter during the trip, the Customer must report the incident to the police and transmit the related report or protocol number to Stunning Bike Co-Tours. order in the complaint. Stunning Bike Co-Tours will be able to charge the Customer the amount of Euro 500.00, without prejudice to the Customer’s ability to prove that the event occurred without his fault.
o. In the event of theft, robbery, or vandalism to the detriment of the Scooter, before or during the use by a Customer the latter must promptly report it by immediately contacting the Customer Service providing the place where it is located and describing the ‘happened. The Customer Service will therefore provide, from time to time, the instructions to which the Customer must comply.
9. MANDATORY INFORMATION PROVIDED BY THE CUSTOMER. Stunning Bike Co-Tours is committed to respecting the new European data protection regulation known as GDPR (General Data Protection Regulation) in force since 2017.
a. Here is a summary of our guidelines:
1. we collect the necessary information from our Customer such as payment details, contact information
2. we adopt procedures to reduce the risks associated with our business: we adhere to rigorous IT protocols to protect Customers’ personal data;
3. we do not share Customers’ personal data with third parties without Customers’ consent, unless we are legally obliged to do so;
4. you can request at any time that your data is deleted by contacting the customer service.
5. In order to execute the Stunning Bike Co-Tours Agreement, Stunning Bike Co-Tours has the right to collect, process and use the Customers’ personal data, including name, title, date of birth, address, email address, information on how of payment and mobile number, as well as information relating to the Stunning Bike Co-Tours Agreement, such as the place where the Customer starts and ends the Rental and the duration of use of the Scooter.
10. GENERAL CLAUSES, LEGISLATION AND COMPETENT COURT
a. The Stunning Bike Co-Tours Agreement is governed by the Regulations.
b. For any controversy however originating from the Stunning Bike Co-Tours Contract, or connected to it or deriving from it, the competent court is that of Como.
a. If Stunning Bike Co-Tours does not assert, on any occasion, the rights and faculties contractually recognized to it pursuant to this Stunning Bike Co-Tours Agreement, this behavior cannot in any case be interpreted as a waiver of your rights, nor will it prevent Stunning Bike Co-Tours from requesting full, punctual and rigorous fulfillment of the Stunning Bike Co-Tours Agreement to the Customer at a successful moment.
b. Any nullity and ineffectiveness of one or more clauses of the Stunning Bike Co-Tours General Conditions, also deriving from changes to the current Regulations, introduced with provisions of the Regulations and / or of the European Community, will not affect the validity of the Stunning Bike Co-Tours Contract as a whole. If a provision is illegal, invalid or unenforceable, the parties must replace that provision with a legal, valid and enforceable one that has, as far as possible, a similar effect.
c. The Stunning Bike Co-Tours Agreement will, in any case, be interpreted and integrated as if it contained all the clauses that allow to achieve, in accordance with the law, the essential purpose pursued by the agreement of the Parties.
d. Stunning Bike Co-Tours may assign or transfer these terms in whole or in part, or the rights and obligations arising from them to: a subsidiary or associated company, a buyer of capital, business or assets or a successor following a merger .
f. Penalties applied by the Manager:
1. Damage to the Scooter for reasons attributable to the Customer from a minimum amount of € 150.00 up to a maximum of € 500.00;
2. Theft of the Scooter: € 500.00, unless the Customer proves that the fact occurred without his fault;
3. Battery theft: € 150.00, unless the Customer proves that the fact occurred without his fault;
4. Delay in returning the Scooter, if required: € 15.00 for each day or part of the day of delay from the request for return;
5. Application of administrative sanctions: € 25 as reimbursement of the preliminary and management costs of the case.
g. The tariff plan is subject to changes and updates at the Manager’s discretion.