The present Agreement aims at governing:
- How to use the Service, and
- Any further agreement related to the Service and/or any contractual relationship with the Provided.
Words in capital letter shall have the same meaning as per Article 2 (“Definitions”).
User must read this Agreement carefully. User shall be assumed to know the Agreement once acceptance thereof has occurred. Before starting the ride, User must read the instructions for use available on the App.
Although the contractual relationship regarding the Services involves only Provider and User, the latter expressly agrees and acknowledges that if the Services are rendered through Apple's App Store, Apple may enforce the provisions of this Agreement in lieu of the Provider.
In the event that User accesses external resources provided by third parties, User acknowledges and accepts that Provider has no control over such resources and therefore cannot be held responsible for their content and availability.
E-mail address of the Provider: email@example.com
For the purposes of this Agreement, the following words, whether in singular or plural form, shall have the meaning provided below:
E-bike: means a bike that can be powered by electricity as well as propelled by pedals.
Regular Bicycle: means a bike propelled by pedals only.
Agreement: means the agreement entered into by Provider and User, consisting of the terms and conditions of use of the Service.
Provider: means Vaimoo S.r.l., an Italian limited liability company having its place of business in via San Sabino 21, 70042 – Mola di Bari, Bari, Italy.
Service: means the bike-sharing scheme provided by Provider, made of:
- mobile application (“App”) and website;
- rental of the Vehicles;
- related equipment made available by Provided (if any), maintenance, charging, information, technology provided by Provider.
Docking Station: means the bike racks for Vehicles parking.
Virtual Station: means an area where Vehicles can be parked, marked with marked with horizontal and vertical signs, available for consultation on App and website.
User: means the person of age according to the Italian laws (min. 18 years old) who enters the Agreement.
Vehicles: means any kind of bicycles, either E-bike or Regular Bicycle, altogether.
3. DESCRIPTION OF THE SERVICE
3.1 Provider has been given the concession to provide the Service in Bari, Italy, with the aim of grant the User access to the Vehicles.
3.2 Service allows User to pick the Vehicles from a Docking Station or Virtual Station for their rental, according to the provisions of the present Agreement. Vehicles must be returned to a Docking Station or Virtual Station, possibly different from the former, within the maximum term set forth hereafter.
4. HOW TO USE THE APP
4.1.1 To use the Service User must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.
4.1.2 User is responsible for keeping their login credentials confidential and safe. For this reason, User is also required to choose passwords that meet the highest standards of security permitted by App.
4.1.3 By registering, User agrees to be fully responsible for all activities that occur under their username and password.
4.1.4 User is required to immediately and unambiguously inform the Provider via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
4.2 Conditions for account registration4.2.1 Registration of User accounts on App is subject to the conditions outlined below. By registering, User agrees to meet such conditions.
4.2.2 Accounts registered by bots or any other automated methods are not permitted.
4.2.3 Unless otherwise specified, each User must register only one account.
4.2.4 Unless explicitly permitted, a User account may not be shared with other persons.
4.3 Account termination
4.3.1 User can terminate their account and stop using the Service at any time by doing the following:
- By using the tools provided for account termination on the App.
- By directly contacting the Provider at the contact details provided in this document.
4.3.2 However, termination of the account will not be possible until the subscription period paid for by the User has expired.
4.4 Account suspension and deletion
4.4.1 Provider reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of this Agreement.
4.4.2 The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
4.4.3 The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
4.5.1 User agrees to use the Service according to the provisions of this Agreement and the applicable laws and regulations, and therefore shall be solely responsible for any infringement thereof and/or for infringement of third-party rights.
4.5.2 Therefore, Provider reserves the right to take any appropriate measure to protect its legitimate interests including denying User access to App or the Service, terminating contracts, reporting any misconduct performed through App or the Service to the competent authorities – such as judicial or administrative authorities - whenever User is suspected to be in breach of any laws, regulations, third-party rights and/or this Agreement, including, but not limited to, by engaging in any of the following activities:
- pretending to fulfill any possible condition or requirements for accessing App and/or using the Services, such as for instance being adult according to law or qualifying as a “consumer”;
- concealing his/her identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
- manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
- ùdefaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
- promoting activities that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on App;
- probing, scanning or testing the vulnerability of App, including the services or any network connected to the website, nor breaching the security or authentication measures on App, including the services or any network connected to App;
- installing, embedding, uploading or otherwise incorporating any malware into or via App;
- using App or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (e.g.: for spamming purposes);
- attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on App or the Service;
- instigating other Users to complete a transaction started on App outside of App in order to save any applicable service fees;
- adopting any automated process to extract, harvest or scrape information, data and/or content from App and all the digital properties thereto related unless where explicitly allowed to do so by the Provider;
- misappropriating any account in use by another User;
- harvesting or collecting any personally identifying information of other Users including but not limited to their e-mail addresses or contact information, by circumventing the privacy setting of other Users’ accounts on App or by any other means;
- using any information relating to other Users, including personal or contact data, for purposes other than those App is intended for;
Commercial use restrictions
- registering or using App in order to promote, sell or advertise products or services of any kind in any way;
- indicating or trying to imply in any manner, that a User stands in a qualified relationship with App or that App has endorsed the User, the User’s products or services or any third party's products and services for any purpose;
5. HOW TO USE THE VEHICLES
5.1 User’s obligations
5.1.1 User declares under his/her own responsibility that he/she personally and exclusively uses the Vehicle rental service, and that he/she is familiar with the contents of this Agreement, the relevant regulations, and the Italian Traffic Code (Codice della Strada). By agreeing to prevent third parties from using the Service by making use of the rented Vehicles through its account, User acknowledges that it is expressly prohibited to (i) grant third parties the use, even temporarily, of the Vehicles so rented, as well as (ii) grant third parties’ access to the App with its credentials for the purpose of renting Vehicles. Therefore, Provider shall be indemnified and held harmless from any liability for damage to property and/or persons, resulting from the use of the Vehicles in breach of the provisions of this section.
5.1.2 Registration for the Service is made by registering personal data in the appropriate section of the App, resulting in the creation of a personal account. Use of the Vehicles is expressly prohibited by this Agreement to minors under 18 years of age. The User of the rental service of the Vehicles, under his own responsibility, declares that he is at least 18 years old. Breach of this provision invalidates the insurance coverage for civil liability contracted by the Provider, resulting in the insurance company's right of compensation against the driver/user of the Vehicle and/or the exerciser of parental authority/responsibility over the minor, of what the latter is required to pay in favor of third parties and/or the Provider. In any case, Provider is indemnified against any liability for damages to property and persons resulting from the use of the vehicle in breach of this provision.
5.1.4 Areas where Vehicles can circulate along with parking areas are defined by the Provider in compliance with national and municipal regulations (available on https://bari.vaimoo.app), which the User declares to know and respect. Provider reserves the right to change the areas of delivery of the Service, without the User being able to raise objections or exceptions, and without the User being able to request withdrawal from active packages or subscriptions and reimbursement of the price. The User is therefore obliged, before starting the rental, to: a) check the specific areas of circulation in the relevant municipality, without prejudice in any case to the prohibition of circulation in the preferential lanes reserved for cabs and/or public transport, as well as to: b) check via App if parking areas are available at the Virtual or Docking Station where the User wants to park the Vehicle after ending the rental. Individual parking areas in the Virtual Stations, marked with white lines, can host just one Vehicle at a time; therefore, the User acknowledges and accepts that Vehicles cannot be parked, and the rental cannot be ended accordingly, if all the parking areas in the Virtual or Docking Station where the User wants to park are busy. In this case, the User must keep riding until the next Virtual or Docking Station with free parking areas.
5.1.5 During the rental, User may temporarily suspend the ride by clicking on the “Pause” button. In this mode, User is allowed to park the Vehicle outside the Virtual or Docking Stations, as long as the User is allowed to ride in that area according to Section 5.1.4 above. User expressly acknowledges and accepts that rental time shall continue to run when “Pause” mode is activated, and therefore User shall be equally charged fees according to the rental time when Vehicle is parked in “Pause” mode.
5.1.6 Under no circumstances may Vehicles be placed or parked in such a way as to prevent Provider from accessing them or otherwise in areas that constitute private property; likewise, they may not be loaded onto private or public vehicles. In the event of any violation of this provision, Provider reserves the right, in its sole discretion, to charge a penalty for recovery and loss resulting from the inability to access the Vehicle and rent the same to other Users, amounting to €100 per violation.
5.1.7 User agrees: 1) not to transport people or animals on the Vehicles, nor to carry out any form of towing; 2) not to carry, while using the Vehicles, bags, suitcases, envelopes, or any other encumbrances that may pose an obstacle to the proper and safe use of the Vehicles; 3) not to use the Vehicles for competitions of any kind, excursions on unpaved routes and not to perform stunts with the Vehicles (e.g.: it is strictly forbidden to perform wheelies, jumps, braking on the front wheel, etc. ) 4) not to use any electronic devices or play music, with or without earphones, such as to distract the User from safe driving; 5) not to operate the Vehicles while under the influence of alcohol, drugs, medications and/or any other substance likely to disrupt the User's driving abilities; 6) not to use locking mechanisms other than those identified by the Provider 7) not to modify the structure of the Vehicles by disassembling or attempting to disassemble, repairing or attempting to repair the Vehicle, nor by affixing to the Vehicle signs of any kind, drawings, stickers, or any other soiling that may alter the appearance of the Vehicles; 8) not to park the Vehicle in a manner different from what is indicated in previous article 5.1.4 of this section. In case of violation of the provisions regarding the parking of the Vehicles at the end of the ride and the parking regulations referred to in number 8), Provider reserves the right to charge the User a penalty in the amount of € 10.00 for dissimilar parking and/or invalid end-of-rent photo and to charge back to the User, on the payment method selected in the registration process the amount paid by the Provider as a penalty, fine and any other cost incurred for the custody and recovery of the Vehicle from third parties. In the event of breach of the provisions of numbers 1), 2), 3), 4), 5), 6), 7), Provider reserves the right to charge the User a sum of € 250.00, without prejudice to the right of the Provider to suspend the User's account at his sole discretion, following repeated breaches. In the event that the Vehicle is damaged as a result of the breach of the provisions of numbers 1), 2), 3), 4), 5), 6), 7), Provider reserves the right to additionally charge the User the penalty referred to in following article 5.1.12.
5.1.8 User is allowed to use the basket mounted on the Vehicles only for carrying light loads (max 10 kg). It is not permitted to use the basket/package carrier improperly, i.e. to transport people or animals, as well as to transport any contents that may compromise the safety of driving, obstructing the User's visibility of the route or preventing him/her from driving properly. However, it remains the exclusive responsibility of the User for any direct or indirect consequences that the objects loaded in the basket may have as a result of theft, damage, scraping, falling to the ground, or loss.
5.1.9 Any action taken by the User in breach of articles 5.1.7 and 5.1.8 above shall invalidate the insurance coverage for civil liability contracted by the Provider, with the consequent right of compensation of the insurance company against the User, without prejudice to the right of the Provider to take action against the User for compensation of damages, subject to quantification where the application of a penalty is not already provided for.
5.1.10 User agrees to report without delay to the Provider any accident, incident, collision, damage, personal injury, in order to allow for a timely verification of the condition of the Vehicle and to ascertain the presence of any faults and/or malfunctions. If an accident occurs involving personal injury or property damage or if the Vehicle is stolen, User agrees to notify Provider and law enforcement immediately. Failure of the User to report an accident and/or theft may affect the insurance coverage to be valid.
5.1.11 Charge of the E-bikes decreases with use, varying with weather conditions and the state of the road surface. The User acknowledges and agrees that the Vehicles may not always be available, or, in the case of E-bikes requiring recurrent recharging of the batteries, that the percentage of charge remaining may be insufficient to complete the ride, and that therefore the Vehicle may shut down and stop operating before User has reached the destination. In the event that the E-bikes stop operating in an area not designated for the parking of Vehicles, User agrees to drive the Vehicle by hand to the nearest Virtual Station. Therefore, it is the full responsibility of the User to check the charge level of the E-bike before starting the trip and decide whether to start it or not, provided however that the Provider does not guarantee the distance and/or time for which the E-bikes will be available.
5.1.12 User undertakes to return the Vehicles in the same condition in which the rental was initiated, being liable for any damage caused to any Vehicle that has been damaged as a result of the breach of one or more of the provisions of this section (“Vandalism”). In the event that User engages in Vandalism, User shall be obligated to pay the Provider a penalty of €2,000.00 per Vehicle, unless the violation was due to force majeure.
5.1.13 User agrees to indemnify and hold the Provider harmless from any administrative fines imposed during the use of the Vehicles for violations of the provisions of the Italian Traffic Code (Codice della Strada) and/or its Enforcement Regulations.
5.1.14 In the event that the User fails to return the Vehicle after 24 hours from the start of the trip, he/she will be charged a penalty of € 24.00, which the Provider reserves the right to deduct directly from his/her virtual wallet, if possible.
5.1.15 User accepts and acknowledges that Provider may discretionally reserve the right to temporarily suspend the Service for safety reasons or in order to carry out maintenance and/or repair work on the Vehicles and updates to the App, without the User being able to raise objections and/or exceptions of any kind, and without being able to withdraw for this reason from active subscriptions or to ask for a refund.
5.2 Safety of Vehicles
5.2.1 User is required to check the condition of the Vehicles before starting the trip, undertaking not to start it if they show clear defects and/or failures, such as to make them unfit for their purpose, and to promptly notify Provider's customer service. In the event that a cell phone holder is mounted on the Vehicles, the User undertakes to check its solidity before use, holding Provider harmless from any damage that the devices positioned therein may present as a result of falling to the ground, scraping, and any other direct and indirect damage resulting from the use of this item.
5.2.2 In the event that the User encounters defects and/or failures to the Vehicle during the trip, the User agrees to end it immediately and promptly notify Provider's customer service.
5.2.3 Depending on the riding conditions, User acknowledges that it may be necessary to take additional and different preventive measures than those specified in this Agreement, such as in the case of adverse weather conditions, rough road surfaces, traffic, and any other adverse conditions beyond Provider’s control. Any personal injuries borne as a result of the aforementioned conditions shall in no way be attributable to the Provider.
5.2.4 User must ride the Vehicle with diligence, and only if he/she is able to ride; if not, the insurance coverage shall be excluded.
6.1.1 User can access the Vehicles via a subscription of your choice from those available, plus a fee depending on duration of the rental, according to payment plans detailed out in the App and listed below. Please, note that the rental fee of the Vehicles is different depending on whether it is an E-bike or a Regular Bicycle.
6.1.2 Rates shall be charged in full for each half hour of usage or fraction thereof, at the start of the rental for the first half hour of use, and at the stroke of each subsequent half hour after the first. Therefore, rates shall not be deemed to be divisible in the event that the rental lasts less than 30 minutes (e.g.: subject to the prior subscription of one of the subscriptions of your choice, if the User rents an Electric Bike for 40 minutes, he/she will be charged immediately € 0.50 (Electric Bike Rate first half hour) and additional € 0.45 past 30 minutes of use (Electric Bike Rate second half hour)).
6.1.3 User acknowledges and accepts that the rates may be subject to change upon issuance of the updated version of this Agreement. Rates displayed below are intended VAT incl.
Regular bicycle rate first 30 mins
Regular bicycle rate 31 mins - 60mins
Regular bicycle rate 61 mins – 90 mins
Regular bicycle rate 91 mins – 120 mins
Regular bicycle rate 121 mins – 150 mins
Regular bicycle rate 151 mins – 180 mins
Regular bicycle rate from 181 mins on
E-bike rate first 30 mins
E-bike rate 31 mins - 60mins
E-bike rate 61 mins – 90 mins
E-bike rate 91 mins – 120 mins
E-bike rate 121 mins – 150 mins
E-bike rate 151 mins – 180 mins
E-bike rate from 181 mins on
6.2 Purchasing process
6.2.1 In the event User intends to purchase a subscription, the purchasing process includes these steps:
- User must choose the desired subscription and verify the purchase selection;
- After having reviewed the information displayed in the purchase selection, User may place the order by submitting it.
6.2.2 The amounts due by the User according to duration of the rental and the type of Vehicle rented shall be charged directly to the payment method selected by the User from the available ones, according to what is established in the “Rates” section.
6.3 Order submission
6.3.1 When the User submits an order, the following applies:
- Submission of an order determines acceptance of the terms of this document and therefore binds User to pay the price, taxes and possible further fees and expenses, as specified on the order page;
- In case the purchased subscription requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly;
- Upon submission of the order, User will receive a receipt confirming that the order has been received.
6.3.2 All notifications related to the described purchasing process shall be sent to the e-mail address provided by the User for such purposes.
6.4 Offers and discounts
6.4.1 Provider may offer discounts or provide special offers for the purchase of the subscriptions. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of the App.
6.4.2 Offers and discounts are always granted at Provider’s sole discretion.
6.4.3 Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
6.4.4 Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Provider, as indicated in the Provider’s location details in this document, unless otherwise specified.
6.5.1 Offers or discounts can be based on coupons.
6.5.2 If breach of the conditions applicable to coupons occurs, Provider can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
6.5.3 Notwithstanding the provisions below, any additional or diverging rules applicable to using the coupon displayed in the corresponding information page or on the coupon itself shall always prevail.
6.5.4 Unless otherwise stated, these rules apply to the use of coupons:
- Each coupon is only valid when used in the manner and within the timeframe specified on the website and/or the coupon;
- A coupon may only be applied, in its entirety, at the actual time of purchase – partial use not being permitted;
- Unless otherwise stated, single-use coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
- A coupon cannot be applied cumulatively;
- The coupon must be redeemed exclusively within the time specified in the offer. After this period, the coupon will automatically expire, preventing User to claim the relevant rights, including cash-out;
- User is not entitled to any credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value;
- The coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the coupon.
6.6 Payment methods
6.6.1 Information about accepted payment methods will be made available to the User during the checkout process.
6.6.2 Some payment methods may be available only with additional conditions or fees. In these cases, the relevant information shall be made available in the dedicated section of the App.
6.6.3 All payments are processed independently through third-party services. Therefore, Provider does not collect any payment information, such as credit card details, but only receives a notification when the payment has been successfully executed.
6.6.4 If a payment through the available methods fails or is rejected by the payment gateway, Provider will have no obligation to execute the purchase order. Any costs or fees resulting from the failed or rejected payment will be borne by the User.
6.7 Right of termination
6.7.1 Purchases made via App are governed by the Italian Consumer Code. Notwithstanding the above, User expressly acnkowledges and accepts that in case of purchase of a subscription, if the Vehicles are rented during 14 days provided by law to terminate the subscription, such right shall be lost (together with User’s right to refund), pursuant to article 59, comma 1, lett. a) of the Italian Consumer Code (d.lgs. n. 206/2005). If User terminates the subscription before rental (within 14 days from purchase), User shall be refunded in whole. In order to access the right of termination, User must send an e-mail firstname.lastname@example.org, cleary expressing its intention to terminate the Agreement. Refunds shall be made through the same payment method used for purchase of the subscription.
6.7.2 Provider reserves its right to terminate the Agreement anytime for convenience, to block and/or suspend and/or cancel User’s account, in the event User infringes any provisions in the Italian Traffic Code (Codice della Strada) or in the national or local regulations on the circulation of bicycles.
7. LIMITATION OF PROVIDER’S LIABILITY
7.1 Unless expressly stated otherwise, and subject to applicable statutory producer liability provisions, Users shall not be entitled to claim damages from Provider (or any person or entity acting on its behalf).
7.2 This does not apply to damages to life, health, or bodily integrity, damages arising from the breach of an essential contractual obligation, such as an obligation strictly necessary to achieve the purpose of the Agreement, and/or damages arising from willful misconduct or gross negligence, provided that the Service was used properly and correctly by the User.
7.3 Unless the damages are caused by willful misconduct or gross negligence, or relate to life, health, or bodily integrity, Provider shall be liable only to the extent of damages that are typical and foreseeable at the time of entering into the Agreement. To the extent stated above, Provider shall not be liable for:
- any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User (such as, but not limited to, commercial losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damage or loss resulting from interruptions or malfunctions of the Service due to force majeure, or to unforeseen and unforeseeable events and, in any event, beyond Provider's control and will, such as, but not limited to, failures or interruptions of telephone or power lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, computer viruses and attacks, interruptions in the delivery of third-party products, services or applications;
- any loss that is not a direct result of a breach of the terms of this Agreement by the Provider;
- any damage, injury or loss that occurs as a result of viruses or other malware contained in or linked to files available for downloading from the Internet or via App. Users are responsible for implementing sufficient security measures, such as antivirus and firewalls, to prevent any such infection or attack and for ensuring backup copies of all data or information exchanged through or uploaded to the App.
7.4 Provider shall not be liable for damage occurring to property owned by the User (e.g., cell phone, accessories, clothing, cargo, etc.), caused by the User's negligence in the use of the Vehicles, disruption of the road surface, weather conditions, or failure to safely inspect the Vehicles and all its parts prior to starting the rental, to which the User is required to under this Agreement.
8. AMENDMENTS TO THIS AGREEMENT
8.1 Provider reserves the right to amend or otherwise modify this Agreement at any time. In such case, Provider shall duly inform the User of such changes.
8.2 Such changes will affect the contractual relationship with the User only for the future.
8.3 Continued use of the Service implies User's acceptance of the amended Agreement. If User does not wish to be bound by the changes, User must stop using the Service. Failure to accept the updated terms may entitle either party to terminate the Agreement.
8.4 Before acceptance of such changes by the User, the contractual relationship between Provider and User shall be governed by the previous version of the Agreement.
9. ASSIGNMENT OF THE AGREEMENT
9.1 Provider reserves the right to transfer, assign or subcontract any or all of its rights or obligations under this Agreement, taking into account the legitimate interests of the User. Provisions relating to amendment to this Agreement shall apply accordingly.
9.2 User may not assign or transfer in any way its rights or obligations under this Agreement.
10. TERM OF THE AGREEMENT
10.1 Registration of the User via App implies acceptance of this Agreement without a term of duration.
10.2 Provider reserves the right to temporary suspend or delete User’s account, in the event User infringes any provisions in the Italian Traffic Code (Codice della Strada) or in the national or local regulations on the circulation of bicycles.
10.3 User shall be entitled to delete the account anytime, accessing the appropriate section on the App and to likewise request that the Provider ceases all forms of communication and e-mails.
11. INSURANCE COVERAGE
Vehicles are provided with insurance coverage in favor of Users, including for injuries attributable directly or indirectly to the elements of the Service, produced during the management/operation of the Service or due to causes related thereto, with maximum limits in line with the relevant municipalities’ requirements. Insurance coverage is excluded for damages caused by the User and/or by any unauthorized user with malice or gross negligence and/or for damages resulting from Acts of vandalism, as well as from infringement of the provisions contained in this Agreement and/or local regulations on the circulation of Vehicles. Should the damage be compensated in whole or in part by the insurance company, any deductible provided for in the policy shall in any case remain the responsibility of the User.
12. GOVERNING LAW AND JURISDICTION
12.1 This Agreement is governed by the Italian laws.
12.2 For any dispute which may arise between the Parties about the interpretation and/or execution of this Agreement, the court of Bari, Italy, or the court of the User in its capacity as a “consumer”, if different, shall have jurisdiction.
13. TERMS NEGOTIATED SEPARATELY
Pursuant to articles 1341-1342 of the Italian Civil Code and to articles 33-34-35-36 of the Italian Consumer Code (d.lgs. 206/2005), User hereby declares to have read and understood, and therefore expressly consents to articles 4.1.3 (User's liability for any actions performed through the use of his/her account), 4.3.2 (inability to terminate the account before the expiration of the subscription period), 4.4 (Account suspension and deletion), 4.5.2 (when Provided may restrict or deny access to the App to the User), 5.1 (User's Obligations), 5.1.5 (“Pause” mode and charging fees), 5.1.6 (penalty for parking the Vehicles in private and/or inaccessible areas), 5.1.7 (penalty for violation of User's Obligations), 5.1.12 (penalty for Vandalism carried out by the User), 5.1.14 (penalty for failure to return the Vehicle within 24 hours from the start of the rental), 6.1.2 (charging fees and non-fractionability), 6.7.2 (Provider's right to terminate for convenience), 7 (Limitation of Provider's liability), Section 8 (Amendments to this Agreement), 11 (Insurance Coverage), and 12 (Governing Law and Jurisdiction).