Terms and Conditions of Service ITALIA
General terms and conditions of contracting the vehicle rental service for shared use provided by Reby Italia, S.R.L.
Last update: 18 October 2022
Reby Italia S.R.L. (hereinafter, "REBY") offers Users the shared booking and rental service for their vehicles calculated per minutes of use, within the service area established in each of the cities in which it operates. The Service is subject to the availability of the Vehicles and to the User's prior signing of these general terms and conditions, by registering on the Reby Application.
Furthermore, Reby Italia SRL provides independent aggregator services for the geolocation and display of temporary rental vehicles for shared use by third-party operators, and the comparison of prices and the booking of vehicles, through the Reby Platform and the mobile application. together with a payment initiation service, on behalf of users and for the benefit of the operator. For all questions relating to the use of the mobility services offered by third-party Operators, the User must consult the Terms and Conditions published by the latter in their respective Applications and Web.
Furthermore, these General Conditions (hereinafter also GTC) also apply to the control of the driving license and to the individual rental contracts that are subsequently stipulated by the same registered User.
- "Annexes": refers to the documents that are incorporated into these Terms and Conditions, including the Service Pricing Policy and the Withdrawal Form.
- “App/Application”: refers to the computer application designed by REBY to be executed on smartphones, both for iOS and Android systems, to allow the User to register and access the Available Vehicle Rental Service.
- "Lease": It consists of the use, in the mode shared by minutes, of the Service offered by the Application through own and third-party Vehicles made available to the User. The Shared Lease is understood to be concluded when the user starts the Service with one of the available Vehicles, in each case being an individual Lease.
- "Password": refers to the password to access the User's profile in the Application, created individually to use the Vehicle Rental Service.
- "Applicable regulations": refers to the entire legal system (codes, laws, regulations, decrees, agreements, circulars, general provisions), and in general, to any legal regulations that are applicable in the territory in which the Service is developed.
- "Operator": refers to Reby Italia, S.R.L with registered office in MILAN (MI) PIAZZA RISORGIMENTO no 10, ZIP Code20129, registered in the R.E.A. of Milan at no. 2573514 and VAT numberIT11023630962.
- "Passenger": refers to the natural person who is transported in the Vehicle by a User, without being a User of the Service.
- “Penalties”: refers to the economic sanctions applicable to Users for carrying out an infraction of the Applicable Regulations in the specific territory in which the Service is developed.
- "Pricing policy": refers to the breakdown of prices and rates offered in the Application and that have been established for the use of the Shared Vehicle Rental Service by the User in each city and for each Vehicle. It is understood that the User accepts the Price Policy in force at any time when requesting the reservation of a Vehicle.
- "Service": means the rental agreement that the Operator offers to the User as part of its economic activity. The Service is subject to the availability and signing of the contract by the User, in accordance with the provisions of these Terms and Conditions.
- "Website": refers to the Operator's website, which is available to the User at the following URL: https://www.reby.co/
- "Terms and conditions" or "general conditions": means this document as well as any amendments and attachments.
- "Territory": refers to the city, town, municipality or urban area in which the Operator carries out the Activity, delimiting in each specific case a specific Service Area.
- "Vehicle": refers to any vehicle (scooter, bicycle, scooter) owned or legitimately held by REBY for another reason that is rented to the User upon payment of a price.
- "Trip": refers to the transfer made by a User using the Service, from the place where the Vehicle is booked to the point where it is parked to end its use.
- “Applicant” - Natural person who requests registration in order to become a Customer/User
- "User": means any natural person who - having completed the registration process and having obtained his / her personal account - uses the Rental Service through the operator's application.
- "Vehicle": refers to all means of transport, including VMPs, electric bicycles, electric motorcycles and all other duly authorized electric vehicles owned or owned by the Operator and made available to the User as part of the provision of rental services.
- "Service Area": indicates the area where the Operator's Vehicles are available for shared rental, both to start and to end the Service. The User can consult the Service Area at any time through the Operator's Application.
These General Conditions are a "framework" agreement to which all individual rental agreements that the user will enter into each time he uses REBY vehicles will refer.
These General Conditions of Service have been drawn up in compliance with the provisions of the Italian legislation on electronic commerce, the general conditions of contract and consumption contained in the Consumer Code and, in any case, the relevant European legislation.
Users resident or domiciled outside of Italy who decide to access and / or use the Services do so under their own responsibility and at their own risk and must ensure that such access and / or use complies with applicable local legislation.
By accessing and registering on the App / Website to use this service, the User expressly acknowledges having read and accepted these General Terms and Conditions of Contract and Service and undertakes to comply with all terms and conditions. Likewise, the User acknowledges and accepts that access and use of the REBY App, the Service and / or the Website will be subject to the Terms of Service in force at the time of access. REBY reserves the right to modify these Conditions at any time, as well as other general or particular conditions deriving from the App. Likewise, REBY reserves the right to suspend, interrupt or cease the management of the Service, the App and / or the Site at any time.
3. ACCESS REQUIREMENT
3.1. User registration
Access to the Services, App and / or Website, Contents, as well as participation in promotions run by REBY will be limited to individuals aged 18 or over and with sufficient capacity to make adequate use of the service.
Exceptionally, minors are permitted to ride scooters and bicycles and mopeds, which the current regulations allow to be used with a driving license: lisense patentino for mopeds and A1 license for motorbikes of any age, (See appendix 2 "REGULATIONS APPLICABLE BY TERRITORY" to see the cities in which, exceptionally, minors are permitted to drive), In the case of minors, responsibility is the responsibility of their parents, legal guardians or legal representatives.
Minors, in the cases described above, will need a signed authorisation from their mother/parent or guardian in order to use the service, together with the identity document of the parent or guardian authorising the minor. All this information will be requested from the user, who is a minor, in the app registration process.
In order to access the Motorcycle Rental Service, the User must also include in the registration process his Driving License valid for driving electric vehicles equivalent to 50 cc in the Italian territory and his National Identity Card (or Passport), both valid. You will also be asked to verify your documentation during registration. The user undertakes to notify REBY of any modification, suspension, revocation or expiry of the documentation provided, being directly and exclusively responsible for all damages that may be caused to REBY and its subsidiaries or associated companies, as well as to third parties, by the failure to provide such data in a timely manner.
In order to complete the registration and access the service, the user must add the required personal information (first name, last name, address of usual residence, identity card or passport number, e-mail, mobile phone and age) with valid, current and true data.
3.2. Use of the vehicle
Once registration is complete, the App will request that the user accepts access to the geolocation of his mobile device in order to view the REBY vehicles available for booking. The location information will only be accessible by REBY while using the App. This permission is essential for the provision of the Service offered. If the User does not agree, he/she should not continue with the registration process. The User acknowledges and accepts that the access and use of the App and / or the Website takes place freely and knowingly, under his sole responsibility.
The User undertakes to make appropriate and legitimate use of the Vehicles and, in general, of the Services, the App and/or the Website. Likewise, he/she undertakes to comply with the traffic and circulation regulations applicable at all times, as well as the commitments to return the scooter, bicycle or moped by the User. The acceptance of these Terms and Conditions by the User is a prerequisite for the provision and use of the Services. For this reason, it is important that the User reads and understands each clause of these Terms and Conditions.
REBY shall in no case be liable for the use that the User and/or third parties may make of the services of the App and/or the site, nor for any damages that may result from the same.
Finally, the User will have access to an informative presentation of the Service and the necessary security conditions, which will remain accessible at all times on the Application.
3.3. Use of the service through the Telepass PAY or Telepass Pay X application
As part of the Services offered by the Application to Users, and in order to provide the User with a more complete user experience, Users can access mobility services offered by Reby through the Telepass Pay or Telepass Pay X application. (Hereinafter the "Telepass Pay applications"), as a platform authorized exclusively by REBY.
The latter will act only as a platform service and the services will continue to be provided by REBY, as Data Controller. Such promotional services through a platform do not imply any alteration or variation of the quality or content of the services provided by REBY. The ultimate goal of this will be the promotion of the services and the service of the technological platform.
To use Reby Rental directly from the TPAY Application, the TPAY customer must:
(i) install and activate the TPAY App on his smartphone;
(ii) provide TPAY with all data necessary for the valid use of Reby Rental in accordance with the REBY Rental Terms and Conditions, including but not limited to details of the driving license and fiscal code (or passport for Customers who are not Italian citizens);
(iii) provide consent to the transmission of personal data by TPAY;
(iv) accept the Reby Rental Terms and Conditions, including the Tariff Plan through the TPAY App, and read the pre-contractual information provided in accordance with the "Provisions on the transparency of banking and financial transactions and services and on fairness in relations between intermediaries and customers"; and
(v) complete the entire cycle of the Reby Rental process through the TPAY App.
The TPAY Customer may make payment of the amounts due for the Reby Rental through the TPAY Payment Solutions:
(i) in accordance with the provisions of the TPAY Contract entered into by the TPAY Customer;
(iii) subject to the TPAY Customer's acceptance of the REBY Terms of Hire.
TPAY ensures proper procedure on obtaining consent for the transmission of data. REBY shall not be liable for the transmission of data by TPAY to REBY for which it has not obtained consent.
4. USING CONDITIONS
Before starting to use the vehicle, the User undertakes to carry out a basic safety check of the vehicle, including an inspection of the wheels, brakes, lights, structure, battery level, checking for any visible damage or any unusual deterioration of any kind. If the user finds that the vehicle or one of its accessories are not in good condition or not working properly, he must not use them and must immediately inform REBY through the authorized channels. If the user does not inform REBY of the existence of a damage before using the vehicle, he / she may be responsible for the repair costs of the same, even if it did not cause it.
In the event that, through no fault of the user, the vehicle does not function properly and cannot be returned to an authorized area, the user must park it without causing a serious obstacle to traffic or the use of public roads and immediately notify the REBY team so that it can be removed.
REBY is not responsible for any loss, theft or damage to any property stored in or on the vehicle, including the user's mobile phone.
The User is solely responsible for determining the User's general capabilities and if there are conditions that may affect the use of the Service such as health, adverse weather conditions, and / or other factors that may pose a risk when you use the vehicle. In this regard, the User must adjust his behaviour, as well as his speed, or even interrupt the journey and park the Vehicle immediately if he believes that he is unable to guarantee the safe use of the Vehicle.
4.1. Start the service
In order to use the Service, the User will have a map where he can view the closest available vehicles for his use. With these Terms and Conditions, the User agrees to use and return vehicles within the Service Area and agree that the Service Area is subject to change. Once the vehicle has been located, the user will only have to block it by scanning the QR code located on the vehicle with his mobile phone, and the rental will be considered to have started from that moment.
From the moment the vehicle is unlocked, the vehicle and all its accessories become the responsibility of the user.
In the case of the Motorcycle Rental Service, the User must:
- Open the trunk of the vehicle by pressing the corresponding button on the application and the compartment button, to take the helmet. Each motorcycle will have two helmets, which must be used by the user and the passenger, when available.
- Remove the vehicle from the parking lot by lowering the stand and starting it.
During the Trip, the User must always comply with the state and local legal provisions regarding traffic, circulation and road safety in force in the place where the Service is provided, in particular the Law on traffic, the circulation of motor vehicles and road safety, the General Traffic Regulations and municipal parking regulations, as well as the rules set out in sections 5 and 6 of these Terms and Conditions.
4.1.1. Instructions for the use and operation of vehicles
By using our vehicles, the User undertakes to do so in an appropriate, respectful and common-sense way, with the care and diligence of a good family man (Article 1176 of the Civil Code), scrupulously following the rules of the Highway Code and all other regulations relating to vehicles circulating on public roads (if any).
To this end, the User must comply with the safety rules described below when using scooters and bicycles (for information and not exhaustive):
- Always use a helmet where required by law or by local ordinances and measures;
- Do not use the vehicle to tow other vehicles or objects;
- Do not drive between lanes to overtake other vehicles while they are in motion;
- Do not drive in the wrong direction;
- Do not drive on pedestrian paths or sidewalks;
- Do not use the vehicle to transport other people or animals;
- Not to participate in races, competitions;
- Do not use the vehicle for commercial purposes, including the transport of goods or people;
- Do not sublet the vehicle to third parties;
- Do not use the vehicle under the influence of alcohol, drugs, toxic substances or narcotics in general;
- Do not use the vehicle for the commission of a crime or any other illegal activity;
- Do not use the vehicle negligently or illegally;
- Do not use the vehicle outside the authorized areas;
- Do not drive the vehicle on roads where the speed limit is higher than 30 km / h;
- Park the vehicle only in the authorized parking areas indicated in the App;
- Do not use the vehicle to carry luggage, materials or objects of large dimensions and / or weighing more than 25 kg;
- Do not use the vehicle when the weather conditions are not suitable: heavy rain, thunderstorms, snow, strong wind;
- Do not drive the vehicle if you do not have the necessary physical or psychological conditions;
- Always be careful and do not use electronic devices while driving (including cell phones and headsets);
- Do not allow a third person to drive an unlocked vehicle through their user account;
- Soiling, damaging or defacing the Vehicle or leaving garbage or waste of any kind, or culpably concealing or attempting to conceal damage to the Vehicle;
- Remove any object or equipment present in the Vehicle that is not its property or that of the passengers, disassemble or tamper with the Vehicle;
- Disassemble and / or tamper with the Vehicle in any way (or attempt to do so);
- Carry out or have any type of repair or modification carried out on the Vehicle.
The above list is not exhaustive, and any unreasonable, improper, illegitimate and illegal use of vehicles will be sanctioned by REBY, imposing on the User in any case the definitive ban on using our services through the definitive cancellation of the account and, in the event that damage has been caused, through compensation for damage caused to REBY and / or to third parties.
The User of the Service undertakes to inform himself about the laws and regulations of traffic, circulation and road safety for scooters, bicycles and motorcycles in force, and to always comply with the aforementioned Applicable Regulations, for the specific Service Area, as well as any changes and updates published by the public administrations and competent bodies.
If REBY suffers damage caused by malicious or negligent actions of the Customer in violation of the contract, the Customer will be liable in accordance with the law. The extra compensatory amounts indicated in the Price List also apply.
In this regard, see the additional conditions on penalties, fines and insurance coverage with exclusions and deductibles to be paid by the User in the event of unlawful conduct
4.2. End of service
When the User has arrived at his destination and wishes to terminate the Service, he must park the vehicle correctly in the authorized areas marked on the Application. Areas that are not authorized are marked in red. The user must bear in mind that parking in an unauthorized place is an infringement of the Applicable Regulations and may also lead to an administrative penalty.
If for any reason the user parks the vehicle in a prohibited area, REBY will issue a warning to inform the user that he is not using our service correctly and that he is violating the applicable regulation. Similarly, REBY will inform the user that, in the event of a repeat offense, a penalty of FIFTY EURO (50 €) will be applied as a penalty for incorrect parking. In the event that the user parks for the second time in an unauthorized place, the user's bank account will be debited directly. The User will be notified in advance by means of a notice in the Application and the e-mail address provided.
Once the User has parked in one of the authorized areas, he must leave the vehicle correctly positioned, in accordance with the legislation applicable in each territory. To end the motorcycle rental service, the user must lift the stand and place the helmets in the trunk. If REBY notices the lack of one or both helmets, as well as tampering with the boot lock and the rest of the elements of the motorcycle, it can impose a penalty on the user in accordance with the damage caused.
It is essential that the user locks the vehicle correctly and clicks on the "End Journey" button. At that moment, the application will ask the user to take a photo to confirm that the parking has been done correctly, constituting a means of proof. REBY informs the user that, in the event that the photographs sent by the user at the end of the trip have not been taken correctly and, therefore, do not allow to verify that the vehicle has been correctly parked and anchored, a penalty of FIFTY EURO (50 €) will be applied.
In the event that the User abandons the Vehicle without completing the Rental Service by following the steps indicated, the time of the Service will continue to elapse and the User may be penalized for having abandoned the Vehicle without completing the trip.
Any penalty, fine, damage or injury caused by the interruption of the trip in violation of these conditions may result in REBY imposing a penalty on the user for the damage caused.
We would like to inform you that there are many vehicles available on REBY. However, the availability of these vehicles may differ between Service Areas, or may be temporarily affected by conditions beyond REBY's control (weather conditions, construction, civil disputes, change in demand or by REBY's internal decision). The use of vehicles by users will be assigned on a first come, first served basis. REBY does not guarantee the availability or functionality of the vehicles.
4.2.1. Traffic and parking regulations
The User, in addition to the instructions for use referred to in the previous point, must comply with the following traffic rules in accordance with current state, regional and local regulations applicable to users of personal mobility vehicles and in particular to vehicles and parking.
In this regard, it is possible to consult the current legislation in Italy by clicking on the following links:
- Decree of the Ministry of Infrastructure and Transport of 4 June 2019 (DM "Micromobility"):
- Circular 9 March 2020 of the Traffic Police of 9 March 2020:
1. Traffic rules
- The driver of electric scooters cannot exceed 25 km / h when traveling on the carriageway and 6 km / h when traveling in pedestrian areas.
- Sidewalk: Driving on the sidewalk is not permitted.
- Pedestrian areas: traffic is allowed at a maximum speed of 6 km / h.
- Road with only one platform: it is allowed to drive on a road with only one platform.
- Zone 30 of the carriageway: driving on this type of lane is allowed, at a maximum of 20 km / h in the direction of travel indicated.
- Urban carriageway: circulation on urban roads with a speed limit of 50 km / h is permitted, provided that circulation with electric scooters is permitted on them. It is not allowed to circulate on roads with a maximum speed exceeding 50 km / h such as urban roads, and those where there is a local traffic ban for cycles.
- Non-urban roads: circulation is allowed only in areas where there are cycle paths.
- Parks: Only scooters can circulate at a maximum speed of 6 km / h. Pedestrian preferences, natural heritage and street furniture must be respected. Signposts, cycle paths and itineraries in asphalted or unpaved areas, if any, must be followed. It is not allowed to ride on flower beds, areas or areas with vegetation of any kind, or in all those areas that indicate a prohibition.
- Cycle path on the pavement: the circulation of scooters is allowed on this type of path, as long as the width of the cycle infrastructure allows it. It is possible to travel only in the direction indicated on the lane, at a maximum of 10 km / h and respecting the road signs.
- Bicycle lane on the carriageway: the circulation of scooters is permitted on this type of lane, as long as the width of the cycle infrastructure allows it. It is possible to travel only in the direction indicated on the lane, at a maximum of 30 km / h and respecting the road signs. It is mandatory to reduce your speed when crossing a pedestrian crossing to avoid conflict situations with pedestrians, as well as to take all necessary precautions.
2. Parking rules
Vehicles can only be parked in the designated spaces.
When the User has reached his destination, he must park the vehicle correctly in the areas enabled by REBY that the App will show near where he is (parking areas, private racks, authorized parking lots, etc.). Non-enabled areas are marked in red on the REBY App map.
It is forbidden to park and tie vehicles to trees, traffic lights, benches and other elements of street furniture when their functionality or intended use could be compromised; in front of the loading and unloading areas or in places reserved for other users and people with reduced mobility; or in services or in prohibited parking areas, in emergency exits, in hospitals, clinics or outpatient clinics, as well as on pavements, when pedestrian traffic is prevented.
He will also be solely and exclusively responsible for any damage reported by third parties or by himself resulting from vehicle malfunction due to vehicle flaws or defects detectable with ordinary diligence and not communicated to REBY.
In the event that, due to the User's fault, the vehicle does not work properly and can no longer be returned to an authorized area, the User must park it without causing serious impediments to circulation or use of the public road and immediately notify the REBY customer service to proceed with its removal. In the event that this does not happen, REBY will have the right to charge the User with the costs of removal and / or consequential damages
REBY will not be liable for any loss, theft or damage to any goods stored in or on the vehicle, including the User's mobile phone.
The User is solely responsible for evaluating his personal general psychophysical conditions and for the existence of circumstances that may affect the use of the service, such as the state of health, adverse climatic conditions and / or other factors that may represent a risk when using the vehicle. In this sense, the user must adjust his behaviour, as well as his speed to the conditions of time and place, up to even stopping the ride and park the vehicle immediately if he believes he is not in a position to guarantee the correct use of the vehicle. vehicle.
During the trip, the User is required to comply at all times with the state and local legal provisions on traffic, vehicle circulation and road safety in force when using the Services and in particular the rules referred to in paragraphs 4.1 and 4.2 of these Conditions.
When the User has reached his destination, he must park the vehicle correctly in the areas enabled by REBY that the App will show near where he is (parking areas).
If for any reason the User parks the vehicle in an unauthorized area, REBY will issue a warning to inform him that he is not making proper use of our service and that he is not respecting traffic and road use rules and that , in the event of a repeat offense, a fine may be applied for incorrect parking. In the event that the User parks in an unauthorized place for the second time, the charge can be applied directly by withdrawing the amount of the penalty directly from the payment instrument used and registered. The user will obviously be notified and warned via a notice in the App and / or the e-mail provided.
Unauthorized areas are marked in red on the REBY App map. The User must take into account that parking in an unauthorized place constitutes a violation of current traffic and road use regulations and can also be an administrative sanction. .
Once the user has parked in one of the authorized areas, he must leave the vehicle well positioned vertically and with the stand down. Our business model is based on a double security method and for this reason it is essential that the User locks the vehicle using the padlock and the App by pressing the "End Trip" button which will immediately ask the User to take a photo to confirm it. The photograph must show the entire parked vehicle and will be a means of verifying whether the user has performed this step correctly. REBY informs the user that if the photographs sent by the user at the end of the trip have not been taken correctly, and therefore do not allow to verify that the vehicle has been correctly parked and tied up, the User expressly accepts that a penalty will be applied. the corresponding amount in Annex 3.
The alleys are only available for personal travel. The use of these for other purposes, including commercial ones, such as the transport of goods or people, and the subletting of the vehicle is totally prohibited.
We inform you that there are many Reby vehicles available. However, their availability may differ between different areas of use, or may be temporarily affected due to conditions beyond REBY's control, including weather conditions, construction sites, civil strife, change in demand or by decision. internal of REBY. The use of vehicles by users will be assigned on a first come, first served basis. REBY does not guarantee the availability and functionality of the vehicles.
The User therefore acknowledges, renouncing in this regard to raise any dispute, that REBY can never be held responsible for any negative effect or consequence suffered by the User himself (e.g. delays) deriving from the unavailability of the rental service or the possibility to book a Vehicle. The Customer, by accepting the General Terms and Conditions, is aware that the provision of the services may be subject to limitations and impediments that go beyond the control of REBY, such as, by way of example and not limited to:
- the malfunction of the Internet connection (fixed or mobile) of the Customer and / or REBY;
- the malfunction of electronic equipment (e.g. GPS tracking systems) used by REBY to monitor its fleet of vehicles;
- the interruption of the service as a result of natural disasters (e.g. earthquakes, floods, pandemics and consequent lockdown) or causes of force majeure (e.g. strikes, lockouts).
5. SANCTIONS, FINES AND ADMINISTRATIVE INFRACTIONS
The User is solely responsible for compliance with current legislation on the subject (including the rules set out in Annex 2 of the Conditions) and, therefore, will be responsible, among other infringements, for penalties for incorrect parking or traffic fines. imposed while using the vehicle rental service through the application and until it is unlocked by another User or removed from public roads by the REBY team.
In the event that REBY is notified of a complaint and / or a penalty relating to the use of the scooter during the time of use, REBY reserves the right to identify the users who have committed the infringement before the Public Administration. Likewise, REBY will inform the user as soon as possible and will be able to demand from the user the costs deriving from the infractions committed.
The User is responsible for checking that there are no permanent or temporary prohibitions on public roads such as, for example, construction works, markets, street washing, felling or removing trees in the place where the User wishes to park the vehicle. In the event of such prohibitions, the User cannot terminate the Service in these areas during the previous seven (7) days and for the entire duration of the prohibition. For example, in the event that the parking ban begins on Monday at 9am, the User cannot terminate the Service in that area starting from the Monday preceding 9am.
If the user is sanctioned by the competent authorities and becomes aware of it, he must, in any case, pay the amount and immediately inform REBY through the authorized channels.
It is forbidden to park in the loading and unloading areas and, in general, in any area with a time limit, and users who finish their journey in these areas will be responsible for the administrative penalty incurred.
If the vehicle is removed from the municipal tow truck, during the service or after the user has finished the service in a prohibited parking area, REBY will be able to charge the user for all the resulting costs, as well as the administrative penalties incurred, as specified in Annex 3.
5.1. Obligation of identification of the driver of thevehicle
REBY is obliged to identify the driver of the vehicle to the competent Administration at the time of committing an offence.
In order to be able to make this identification to the Administration, it will be necessary for REBY Users, especially those not resident in Italy, to have indicated a valid address during their registration process.
In the event that a User not resident in Italy has not properly completed their address, REBY will proceed to pay the infraction with a reduction of the fine and will proceed to charge the amount of the fine plus the appropriate administration costs (Annex 3), for not being able to properly identify the driver of the vehicle to the Administration.
By accepting REBY's Terms and Conditions, Users accept that, in the event of not indicating a valid address in Italian territory, REBY will not be able toidentify the owner of the vehicle before the Administration, and therefore the Administration will not be able to contact the User for the formulation of allegations. In this case, the User accepts that REBY will proceed to thepayment of the infringement with a reduction of the fine.
6. ACCIDENTS AND INSURANCE
All vehicles connected to REBY Services have a multi-risk insurance policy that covers Third Party Liability (RCT) in compliance with current legislation. All scooters and bicycles are guaranteed by a policy stipulated with the company TUA Impresa (TUA Assicurazioni S.p.A - Cattolica Assicurazioni Group). All scooters are guaranteed by a mandatory R.C.A. stipulated with the Compagnia Generali Italia S.p.a.
The civil liability of the User of scooters and bicycles will be guaranteed by the insurance stipulated by REBY as required by the local Administration when assigning the service with a minimum of € 5,000,000.00 (five million / 00) up to a maximum of Euro 10,000,000.00 (ten million // 00) for material and personal damage caused to third parties resulting from the use of the Vehicle but only when the Customer has scrupulously complied with all the obligations established by the General Conditions, the traffic rules, the traffic and road safety.
As far as vehicles are concerned, damage caused by the User with willful misconduct or gross negligence is excluded from the insurance guarantee, as well as damages deriving from the violation of local legislation on the circulation of vehicles.
In such cases, the User will have to compensate for the damage caused to third parties on his own or reimburse REBY or the Insurance Company guaranteeing the amount paid in favor of the injured.
Likewise, damage caused when the vehicle is driven by a third person other than the User registered on the Reby Application will not be guaranteed.
In all other cases REBY and the Insurance Company will indemnify the Vehicle User for all damage caused to third parties except for the application of an excess which, depending on the city, ranges from a minimum of € 250 to a maximum of € 500. , 00 (five hundred euros / 00) provided that the Customer himself has complied with all the obligations established by these General Conditions, has maintained a driving behavior in full compliance with the rules of the highway code and in general has maintained a diligent and prudent conduct .
It is appropriate to specify and clarify to the User that the insurance guarantee is not an "all risk" (kasko) and therefore, in the event of the User's responsibility, REBY will have the right to request compensation from the latter for the entire damage caused. by the same and the Customer will be held responsible for any loss or damage caused to the Vehicle, accessories or parts thereof and will have to bear all related costs.
By way of example and not limited to, the Customer must reimburse the following expenses: loss or damage to the Vehicle, its accessories or other properties, as provided for in the attached price list; any loss of income suffered by REBY and due to the impossibility of renting the Vehicle due to damage or for other reasons (this loss will be calculated based on the hourly or daily rate in force for the Vehicle and for a maximum period of 30 days); VAT and other taxes relating to the above items; the costs of appraisal and towing; the devaluation of the Vehicle and the modification of the bonus-malus.
To avoid any doubts in this regard, it is expressly pointed out that in no case will damage caused by willful misconduct be guaranteed by Reby or by the Insurance Company (art. 1900 of the civil code).
The Insurance will not cover the theft or theft of personal effects left by the user in or on REBY vehicles.
7. OBLIGATIONS IN THE EVENT OF AN ACCIDENT, DAMAGE, DEFECT TO THE VEHICLE, THEFT OR ROBBERY
In the event of an accident involving the Vehicle or in the event of damage or injury to a thing or person resulting from its use, the Customer must:
a) Stop the vehicle as soon as possible in total safety
b) Contact Reby's Call Centre as soon as possible by telephone:
- to inform Reby of the accident/damage/injury;
- to get instructions on who to contact in case of complaints against Reby
- cooperate by providing all necessary information requested by Reby or the intervening authorities ;
c)Immediately report the accident/damage/injury to the Police and/or other Public Authorities, whether the Client is at fault or not;
d)Remain at the scene of the accident/damage/injury, unless the law requires otherwise, until:
The Police and/or other Public Authority has intervened and drawn up the appropriate report (if necessary);
All necessary steps have been taken to safeguard evidence and minimize damage, in cooperation with Reby;
The Vehicle has been removed by a specialist company or, in cooperation with Reby, and has been safely parked or driven elsewhere by the Customer;
e) Signing the accident report;
f) Obtain the names, addresses and other contact details of all vehicles and persons involved, including witnesses.
g) Complete and return by e-mail within 7 days of the accident the damage report form - which will be sent by REBY - duly filled out, including, but not limited to, the names of the persons and property damaged, the references of the reporting police force, a complete description of the accident, the time and place of the accident, any witnesses and the driver of the REBY vehicle, with their full names and addresses;
h) refrain from issuing any fault or anticipating any liability claim, making payments or other amicable actions aimed at accepting a claim and/or fault (thereby jeopardizing the insurance cover);
In the event that the Customer fails to fulfil even one of the duties indicated in the previous points, with particular but not exclusive reference to receiving a claim for compensation for an accident without the prior notification of, REBY will have the right to request compensation for all damages caused by the same as regulated by Article 001.3.
In the event of an accident, the single rental contract shall not be considered terminated until the Vehicle has been duly returned in accordance with these General Conditions. However, if the Vehicle no longer works or is no longer able to travel on the road due to the accident, the single rental agreement will terminate in agreement with REBY at the moment the Vehicle is handed over to the tow truck or logistics service of REBY.
Any payment in compensation for damage to the Vehicle received by the User (unless this relates to personal loss suffered by the User) shall be handed over to REBY immediately.
8. DAMAGES, THEFT AND DEPOSIT
In the event of theft, robbery, or vandalism to the detriment of the Vehicle during use by a User, the latter will be required to immediately contact the REBY Call Center through one of the available channels, communicating the place where it is located. and describing what happened. The Call Center will therefore provide, from time to time, the instructions to which the Customer must comply.
The User must also report the incident to the competent authorities within 24 hours of the incident, by sending a copy of the report submitted to REBY
The User will be responsible for any damage attributable to him during the use of the Services in the event of failure or irregular fulfillment of the obligations set out in these General Conditions of Service, and in particular in the event of negligence or fault.
In case of theft, loss, robbery, loss or abandonment of vehicles by the User, the User will be obliged to pay the value of the stolen material.
9. TERMS OF PAYMENT AND BILLING
The price of the service will be determined on the basis of the rate established for each city, detailed in the following section. Rates will always be announced on our web and apps and may be subject to change.
The rates applicable to the Services will be charged by REBY automatically, once the journey has ended, through the available balance and the credit, debit card and / or any other payment method provided by the User in the Registration Form.
The rates for using the service for each vehicle are specified in Annex 1 "Pricing Policy" and will be available at all times on the Application and/or the Website, and may be modified at any time by REBY. The User may consult the rate and the applicable promotions at any time on the Application and/or the Website.
The User must enter his credit card number in the "Wallet" section. It also has the option to scan the payment method. REBY accepts credit or debit cards from American Express, Maestro, Visa, Discover or Mastercard.
All prices and values indicated in the App are in Euros and include Italian VAT.
In the event that the User uses more credit than those available on his account, REBY will debit the excess directly from the bank account using the card that the User has registered in the App. The User expressly accepts the charge of these costs by REBY.
In the event that the User cancels the service, REBY will not return the remaining balance indicated in the account.
Where appropriate, and at REBY's sole discretion, we may require Users to pay a refundable deposit to cover damages, fines, penalties or other costs incurred by REBY and detailed in these General Conditions and in the related annexes. No interest will be paid on any deposits. Within 60 days of the User's cancellation for any reason, the deposit will be returned to the User, less the amounts used for the reconditioning of the vehicle or the payment of any type of compensation resulting from the improper use of the vehicle by the User.
In the event that the deposit provided by the User is not sufficient to cover the costs incurred, the User will be responsible for paying the outstanding amounts, and from the moment of his registration he expressly authorizes REBY to make such debits to his bank account through the payment method registered in the App.
Incase of discrepancies by the User in relation to any amount charged to hiscard, the User is required to notify REBY in writing within 30 (thirty) days ofsuch charge. After this period, it is understood that the User accepts thecharge made and that he renounces any complaint.
9.1. Credit Card Pre-Authorization
The first time the User makes a trip with anyvehicle through the REBY application, a small amount (5 euros) will betemporarily "frozen" in the User's bank account to verify that the cardused has sufficient funds. Once the funds in the bank account have beenverified, the amounts will be refunded. Only when the journey is completed willthe User's account be debited with the amount owed for the journey made.
10. DATA PROTECTION
In order to provide the Service, REBY has the right to collect, process and use the user's personal data, including name, title, date of birth, address, e-mail address, information on payment methods and mobile number, as well as information relating to the contract, such as the place where the user begins and ends the rental, the time when the rental begins and ends and the duration of use of the Vehicle.
11. DURATION OF THE CONTRACT AND WITHDRAWAL OF THE USER
The contractual relationship between REBY and the user has an indefinite duration from the moment in which the user accepts the conditions to proceed with the registration in the application.
The User may unsubscribe at any time through the User Service, provided that he/she is up to date with payments that may arise from the use of our services and there are no incidents or claims open through his/her user account.
Once the User has unsubscribed, he will cease to be considered as such and his access to the Service will be deactivated, and the contractual relationship will be without effect except for the clauses that have effect even after the end of the contract.
REBY, in its sole discretion, may terminate the account of any user, without notice, when the provisions contained in these conditions are violated. By way of example and without limitation, REBY in its sole discretion, may cancel the account of any User, without notice, in the cases indicated below:
- Failure to pay any outstanding amount, such as credits, fines, towing fees, compensation, repairs, etc. by the User;
- Repeated attitude of non-respect for traffic regulations and/or non-respect for the regulations described in these Terms and Conditions;
- The User does not meet the requirements for contracting and using the service (minimum age, valid driving licenses, etc.)
- The use of false documentation or of another person during the registration of the User.
- Make multiple reservations of one or more Vehicles without actually initiating the Lease.
- The lack of payment of the possible penalties that REBY applies to the User.
- Park the Vehicle outside the Service Area or in breach of these Terms and Conditions.
- Make improper or fraudulent use of the REBY Application.
- Undermine the intellectual property rights and image of REBY.
In case of cancellation of the account, the User agrees to immediately return the Vehicle with all its accessories to REBY, as well as to settle all amounts pending payment. In this sense, the User authorizes REBY so that it can charge the amounts due to the credit or debit card registered in the Application.
REBY reserves the right to consider top-ups made through the App with more than 12 months of antiquity as void.
12. LIABILITY OF REBY
With the exception of cases of intent or gross negligence on the part of REBY or a Third Party Operator, and to the extent permitted by law, they will not be responsible for direct or indirect damages of any nature that the User or a third party may suffer in any way for the Service, or changes in procedures, schedules and conditions and any other cause attributable to both the Company and its suppliers or third parties in general.
The User excludes REBY and/or any Third Operator from any responsibility for the total or partial breach of the obligations contained herein due to force majeure, pandemics or epidemics, including, but not limited to: actions of the public administration, the actions of the authorities, legal restrictions, fires, floods, explosions, demonstrations, riots, strikes, labour disputes, lack of raw materials, power failures, interruption of communications or others.
REBY reserves the right to modify, permanently or temporarily, the Service Areas, based on the reasons mentioned in the previous point.
REBY will not be responsible for infections or damages derived from possible diseases, whatever their transmission, origin and characteristics. The User knows and accepts the risks inherent in the Service being of a shared nature and, therefore, the Vehicle may have been previously used by other Users.
REBY will not be responsible for damages arising from the lack of availability or accessibility to the Application or the website; the interruption in the operation of the application or computer failures, disconnection, blockages, delays or drops due to overload in the networks or data centre; as well as any other damage caused by third parties. In the same way, it will not be responsible for the damages caused by computer viruses or elements outside the application or website, introduced by third parties that may cause alterations in the systems, electronic documents or files stored in the devices
13. RIGHT OF WITHDRAWAL
The Customer may unsubscribe from the App at any time without having to provide a just cause. However, REBY will not return any credit unless the User requests the cancellation of the registration within 14 (fourteen) calendar days from the date of registration in the App or in the event that the service has not been used. . By using the service or after 14 (fourteen) calendar days or more from the registration date, the User will lose the right of withdrawal with refund of the credit.
To exercise the right of withdrawal, the Customer must notify REBY of his decision to unsubscribe by means of an unequivocal declaration (for example, a letter sent by post, fax or e-mail). The user can use the withdrawal form as indicated in Annex 4 at the end of these Terms of Service, even if its use is not mandatory.
REBY will have a maximum period of 14 (fourteen) calendar days from the withdrawal to return to the User all the credits deposited in his User account. The refund will be made through the payment method used for the purchase.
13.1. Right of withdrawal from the purchase of plans andtop-ups
The User has the right to withdraw from the purchase of a plan or top-up within fourteen (14) calendar days from the date of subscription, provided that the User has not made use of them. Once the period of fourteen (14) calendar days has elapsed, the User will have lost the right to cancel the plan or top-up, as well as to receive a refund of the credits in his/her account.
In order to exercise the right of withdrawal, the User must notify REBY of his/her decision to unsubscribe by means of an unequivocal statement (e-mail). The User may use the model withdrawal form set out in Annex 4 of these Terms andConditions.
Once the right of withdrawal has been exercised, REBY shall have a maximum period of fourteen (14) calendar days from the date of withdrawal to reimburse the User for all credits deposited in his/her User account. The refund will be made through the means of payment used for the purchase.
14. INDUSTRIAL AND INTELLECTUAL PROPERTY
The use by the User of the Service, the Site or the Application does not give the User any rights to the industrial and intellectual property rights of the Operator or third parties, and the User undertakes to respect each and every one of the industrial and intellectual property rights, including trademarks, logos, domain names, texts, images, graphics, drawings, sounds, databases, software, flowcharts or any other industrial or intellectual property rights owned by REBY.
The User is prohibited from carrying out any act of reproduction, distribution, public communication or other forms of making available, transformation and, in general, any other form of exploitation of any content, information or material to which the User can access through the Service, the Website or the Application, in whole or in part, unless expressly authorized in writing by the owner of such elements.
15. TRANSFER OF RIGHTS
The user cannot assign his rights and obligations deriving from these conditions without the prior written consent of REBY.
REBY may assign, without the prior consent of the user, these conditions to any entity of its group of companies or collaborating companies, worldwide, as well as to any person or entity that succeeds him in the exercise of his business to any title.
16. CONTRACTUAL INFORMATION
REBY reserves the right to archive the electronic document of acceptance of these Terms of Service which will be formalized as a contract. The User can request a copy by contacting REBY through the channels authorized for communication.
The contract and the documents relating to the service contract will be drawn up in Italian.
The changes are considered accepted by the customer if the customer does not object in writing within six (6) weeks of their notification or publication.
18. DURATION AND RESOLUTION
The services are made available for an indefinite period of time. Notwithstanding the foregoing, REBY is authorized to unilaterally terminate, suspend or interrupt, at any time and without notice, the marketing of its Services.
19. CUSTOMER SERVICE
For any question, incident, complains, claim, suggestion, or request for complaint forms about the service or these Terms and Conditions, the User can contact REBY through the chat we have available in the App, in the "Help" section and by clicking on "Talk to us", which is available 24 hours a day. The user can also contact us through the following e-mail addresses: "firstname.lastname@example.org". Finally, you can contact us by phone at +39 035 046 0651 and through our social networks Facebook and Instagram.
20. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, including the attachments that form an integral part thereof, as well as the relationship between REBY and the User, will be regulated and interpreted in accordance with the Italian legislation in force. The parties undertake to submit to the jurisdiction of the courts of the place of fulfilment of the obligation to resolve any dispute relating to these Terms of Service or their use.
INDEX OF ANNEXES T&C SPAIN (IN ENGLISH)
- Annex 1
- Annex 2
- Annex 3
- Annex 4Incase of discrepancies by the User in relation to any amount charged to hiscard, the User is required to notify REBY in writing within 30 (thirty) days ofsuch charge. After this period, it is understood that the User accepts thecharge made and that he renounces any complaint.