Bee Rent Terms and Conditions for users
Updated September 20, 2019
- These terms and conditions (hereinafter: "Terms") govern the use of the mobile Application and services (hereinafter "the Services", as of defined below) made available by Bee Rent Operations España SLU (hereinafter: "Bee Rent").
- It is recommended to read these Terms carefully before accessing or using the Services: the use of the Services in fact constitutes the user's consent to be bound by these Terms.
- BEE RENT MAY MODIFY THESE TERMS DURING THE TIME. THE CONTINUATION OF THE USE OF THE SERVICES BY THE USER CONSTITUTES ITS CONSENT TO CONTINUE TO BE BOUND BY THE MODIFIED TERMS.
- In case of any difference between different language versions of these terms, only the terms in Spanish Language will be valid.
- Bee Rent offers the user the following Services:
- Vehicles made available for hire, marked with the "bee" livery (hereinafter: "Vehicles");
- the mobile application "bee" (hereinafter: "App"), which allows users to locate, unlock vehicles "bee", where they are available, in order to rent them, and block them at the end of the rental.
- Unless otherwise agreed in writing by Bee Rent, the Services are made available exclusively for personal and non-commercial use and only within the operational areas that are designated in pink within the App.
- Except for compliance with these Conditions, the user is granted a non-exclusive, non-sublicensable, limited, revocable and non-transferable license, in order to use the App on his smartphone or tablet, exclusively in connection with the use of the Services.
- Vehicles, App, trademarks and all related, connected or accessory rights remain the property of Bee Rent or its licensors. Neither these Terms nor the use of the Services grant, grant or imply any other rights to the user, except as expressly provided for in these Terms, nor allow the user to use or exploit in any way company names, trademarks and Bee Rent services.
3. User account
- To use the Services you must install the App on your mobile phone or tablet and, for the first time, register an account (hereinafter: "Account") following the instructions indicated by the App.
- Bee Rent is not in a position to guarantee that the App will work correctly on all hardware devices existing on the market.
- You must be over 18 to register an account and use the services. Children under the age of 18 (hereinafter "minor") may use a Vehicle provided that: the hired Vehicle guide is permitted by the law of the country in which you are located for minors of that age, and that a parent or legal guardian of the minor: (1) consents to the use of his / her own credit or debit card to pay for the service, (2) consents and supervises the use of the Services and in particular the rental and driving of the hired Vehicle, (3) accept the present Conditions and (4) consent to be, to the maximum extent permitted by applicable law, liable for any accidents, damages, costs and expenses arising during the use of the Services by the minor.
- Each user can only register one account.
- The user is responsible for all activities that occur using his Account, and therefore undertakes to maintain the security and confidentiality of the username and password of his Account at any time, and not to allow third parties to use his own Account via your credentials or with your mobile device.
- Bee Rent reserves the right to refuse registration of a user account in accordance with the provisions of title 11.
- The App may require the user to photograph an identity document to access or use the Services, and access may be denied or use of the Services if the user refuses or is unable to provide proof of identity.
- By creating an Account, you agree that Bee Rent may send you service information via text messages via SMS, Push Notification, Whatsapp, Telegram, Messenger, iMessage or other messaging applications, in order to send you access codes, information on the Services , memoranda, special offers and promotions.
4. Access to Vehicles
- The Vehicle can be located using the App, or directly on the road.
- To unlock the vehicles, press the "Unblock" button and frame the code on the vehicle lock on the top of the rear wheel with the camera of your mobile device, or where indicated on the app itself.
- If your camera is faulty, or if the code is not legible, the user can unlock the vehicle by entering the numeric code preceded by "QR" by pressing the appropriate manual entry key.
- For the use of the service it is necessary, for unavoidable technical reasons, that your mobile device: (1) is equipped with Bluetooth technology, that this service is functional and that the user has authorized the App to use this technology; (2) is equipped with access to the mobile data network, for the use of which one's Mobile Operator will apply the expected data rates, possibly in "roaming" if the user is outside the country where he signed the mobile telephony contract . The user declares to know these rates and fully accept any such costs.
- The user, as soon as the vehicle is unlocked and before using it, must check that the essential parts of the vehicle are working properly. In particular he is required to check that:
- the handlebar turns correctly and without hindrance to the right and left, up to the end of the stroke, ie it does not rotate more than 180 ° in total (as this would be dangerous);
- the handlebar remains in axis with the front wheel and does not rotate independently of it;
- handlebar grips allow a firm grip;
- the front and rear brakes work properly;
- the wheels are intact and turn freely and without noise, and there are no objects (for example branches, etc.) to prevent the from turning;
- tires and the relative tread are present, intact and in good condition;
- the frame appears stiff and does not show cracks or signs of failure;
- that the bell placed next to the left hand knob operates normally;
- that the front and rear lights come on, moving the bike, even during the day, to be visible in the traffic.
- The user undertakes to stop the vehicle immediately if even one of these checks fails, or if the user is not or does not feel able to carry out even one. If the user closes the vehicle in the same position within a few minutes, the vehicle will not have traveled a few meters and the problem encountered will be promptly reported by the user, Bee Rent will not charge any fees for this rental, or undertakes to repay it upon user request.
- The user declares to be aware that the use of the Services, and in particular the unlocking of the Vehicle and the end of the journey, may be subject to temporary malfunctions and to possible delays, for example inherent to the data network, and is responsible for charge any additional fees if these delays occur (for example when the vehicle is unblocked). Bee Rent will be required to reimburse these charges only if it is demonstrated (or that Bee Rent recognizes) that any delays in the registration of the end of the journey are the responsibility of its own or of its data infrastructure providers, while it cannot be held liable in the In the event such delays are due to the malfunction, for any reason including force majeure, of the mobile communication networks.
- At the end of the run, the user is required to promptly lock the Vehicle following the instructions on the App. In particular, for “bee” bikes, the user is required to manually lock the padlock located on the top of the rear wheel. Since it is possible (and technically unavoidable) that the padlock does not "click" correctly, or that an obstacle blocks it or prevents it from completely closing, the padlock could in fact remain totally or partially open without the user noticing it. In this case the vehicle would remain unlocked and therefore it would not be possible to record the end of the race. For these reasons, the user is always required, after manually closing the padlock, the next time the "end run" button is pressed on the app. Only through this function, in fact, the user can make sure that the padlock is properly registered and therefore the rental is actually terminated.
5. Additional fees and charges
- The scheduled rental period starts when the vehicle is unlocked / opened and ends when the vehicle is locked / closed (according to paragraph 4.8 above). The start and end of the rental will be referred to below: "Journey".
- The user, before unlocking the vehicle, is required to adjust the height of the saddle so that it does not exceed the height of its buttocks (this will allow the user to easily touch the ground at any time), verifying that, at adjustment carried out, the saddle is fixed correctly, without rotating on itself or lowering.
- The user will be charged for each trip based on the current rate. The details of the prices applied for single journeys and races by subscription, as well as the maximum charges for parking outside the permitted areas and / or for damage caused by vehicles during or after the rental by the user are available on the App, in the "Rules" section and in the "Help" section. You must not use the Services or rent the Vehicles if you do not accept these prices in full or any other condition stated here.
- Bee Rent reserves the right to modify these Terms, including prices, at any time, using, where possible, to provide a prior notification of such changes.
- The duration of the journey, the maintenance of the remaining credit and any additional charges relating to parking in areas not allowed or for vehicles lost, stolen or damaged, will be determined by Bee Rent using the data recorded on its computer systems: the user accepts that these computer records constitute full proof of the actual period of use. The user may submit disputes within 15 days from the date on which the charge was made, using the "Help" page of the App, or via email at firstname.lastname@example.org.
- The user accepts the charge of penalties by Bee Rent in relation to parking in unauthorized areas or the loss, theft or damage of Vehicles during the rental, by directly debiting his own debit or credit card, which serves as a guarantee, up to the amount of 300 euros per vehicle.
- To be able to rent a vehicle, you must first top up your account, or buy a monthly subscription. If there is no monthly pass, or if the maximum number of daily trips included has been reached, the rental rate will be charged at the end of each trip. If no funds are available in your Account for your Travel, the pending amounts will be charged when funds are added to your Account. The user will not be able to start a new journey on a Vehicle until sufficient funds are available in his Account.
- In the event of accidental damage to a vehicle during the rental, the user must report the damage to Bee Rent, as soon as it is safe and possible to do so, through the button for alerts in the App. Accidental damage is borne of Bee Rent.
- Parking is allowed only at the parking spots marked with the "P" symbol and in the yellow areas that appear on the map inside the App, as well as obviously in the areas indicated by vertical / horizontal signs or where there are special racks, all inside the perimeter of the operating area in the map inside the App.
- If a vehicle is closed within the operating area, but outside the permitted areas indicated in the previous point, the last user who rented this vehicle will be charged a penalty of € 1 to € 20, depending on the severity and the frequency of repetition of the violation.
- If a vehicle is closed outside this operating area, the last rented user will continue to be charged the normal rental rate until the vehicle is opened by the same or another user, or will be relocated by Bee Rent, up to a maximum of 30 euros, except for further damages reported by the Vehicle, up to a maximum of 300 euros.
- If a vehicle is closed in an area marked in red on the map inside the app, the last user who has rented this vehicle will be charged 30 euros, except for further damages reported by the vehicle, up to a maximum of 300 euros.
- The user is obliged not to leave the vehicle for any reason while the padlock is open. In fact, if a third party takes possession of the vehicle, the user will be considered jointly and severally liable for any damage caused to the vehicle and to third parties or third property with the vehicle itself; he will also be required to pay the race until the lock is closed, up to a maximum of 300 euros if it is not possible to retrieve the vehicle.
- If a Vehicle is lost during the journey, the user must inform Bee Rent. The user is required to pay for the ride until Bee Rent finds the bike or until the padlock is closed by other users, up to a maximum of € 300 if it is not possible to retrieve the vehicle.
- Bee Rent may, at its sole discretion, create and offer promotional codes ("Promotional Codes") that can be redeemed in the Account or other features or benefits relating to the Services ("Premium Credit"), subject to any additional terms that Bee Rent will establish for each promotional code. The user accepts that the Credit Credit is for his own personal use and that it cannot be duplicated, sold or transferred in any way (for example sent to anyone by voice, telephone, text message, messaging applications etc., or made available to the general public (eg published on a forum, site, blog or other). The prize credit can only be used according to the specific terms that Bee Rent establishes: The promotional codes and the premium credit have no cash value and can expire before they are redeemed or used Bee Rent reserves the right to withdraw or disable any promotional code and prize credit at any time and for any reason Bee Rent reserves the right to withhold or deduct promotional credits from other features or benefits obtained through use of promotional codes by the user in the event that Bee Rent believes that the use or refund of the Promotional Code has been fraudulent, illegal or in violation of the terms.
- Where the Account has been registered in a country that uses a currency other than the currency of the country or place where you use the Bee Rent service:
a) the cost of each trip will be the cost of travel in the country where you use Bee Rent , and
b) charges will be made in the currency of the country in which your Account is registered and payment will be made to that Account.
6. Vehicle Availability
- Bee Rent will always try to provide a reliable service. Sometimes part or all of the Services will not be able to operate for reasons beyond our reasonable control.
- Bee Rent does not guarantee - nor would it be in a position to do so - that there is always a vehicle available at a reasonable distance from the user.
7. Obligations of the user
- The user is personally responsible for every vehicle for the duration of the journey, from when it unlocks the vehicle until it blocks it.
- When using a Vehicle, the user undertakes and declares to be able to drive it competently and to possess any compulsory licenses UNDER THE CODE OF THE ROAD IN THE CIRCULATION (eg driving license valid for such means and valid).
- The user undertakes to take all reasonable precautions to protect himself, in particular the use of a helmet, protective clothing and, from dusk to dawn, a reflective vest.
- The user undertakes to:
a) comply with these terms and conditions and all applicable laws and regulations;
b) become familiar with the operation of the Vehicle before starting the journey;
c) carry out the checks indicated in the previous point 5.2;
d) immediately terminate the Journey and the use of the Vehicle, in the event that it suffers from technical defects such as to prevent travel safely, and to report such defects through the App to the first and safest opportunity;
e) observe the horizontal and vertical signs and the rules of the Highway Code;
f) use the Vehicle in a reasonable, informed and responsible manner;
g) make sure that all the goods transported and the objects are properly secured and / or insured at all times in an effective manner;
h) block the Vehicle when not in use;
i) give, loan or sell the Vehicle to any other person or allow any other person to use the Vehicle.
- When using a vehicle it is not allowed:
a) to block or fix the vehicle to any object or property;
b) leave the vehicle unattended without first closing it, ending the journey, even if only for a short period of time;
c) use the Vehicle to manage a courier service or any other commercial activity;
e) cause damage, disfigurement, vandalism or tampering with the Vehicle;
f) load one or more passengers;
- g) add or connect trailers not approved to the Vehicle;
h) to transport:
- a load in the basket greater than 5 kilograms
- objects of such a volume as to prevent safe driving
- animals, children or other persons
- dangerous or flammable substances or any object that may cause injury or damage to the Vehicle or injury to any other person;
i) use the Vehicle in a way that may be likely to cause damage, injury, harassment or disturbance to others;
k) use the Vehicle in the event of strong wind, storm, hail, snowfall, ice, hurricane, volcanic eruptions or other adverse conditions, except with the intent to save oneself;
l) use the Vehicle under the influence of drugs or alcohol;
m) transfer or move the Vehicle or any part of it in any area by any means other than the Vehicle itself, regardless of whether the Vehicle is blocked or not;
n) use the vehicle to cause, directly or indirectly, any bee mortal.
- When parking a vehicle, the user must follow the rules of the Highway Code and the applicable laws and regulations. The user undertakes to park the vehicle only in public areas, easily accessible, which are clearly visible to passersby on the sidewalk, where it does not cause obstacles or risks to other users of the sidewalk or road. In particular, it is not allowed to park the vehicle:
a) near a road in a dangerous position;
b) preventing access to parking ticket distributors, parking meters or other public utility equipment;
c) on any sidewalk, if the passage space is reduced to a width of less than 1.5 meters;
d) in front of shop windows, billboards, bus stops, driveways, emergency exits and in general, wherever it creates obstruction, obstacle, discomfort to passers-by or potential danger;
e) near monuments and areas of particular historical / cultural importance, or in any way disrespectful of city decor;
f) in places that are not always and freely accessible to the public.
- When using the Services provided by Bee Rent, the user cannot:
a) remove copyright, trademarks;
b) reproduce, modify, prepare derivative works, distribute, license, sell, resell, transfer, publish, transmit, disseminate or otherwise exploit the Services, except as expressly permitted by Bee Rent;
c) decompile, disassemble, reverse-engineer any component relating to the Services;
d) use any software for the purpose of probing or extracting data from any part of the Services;
e) to overload the Services or otherwise hinder the functionality of any aspect of the Services;
f) attempt to obtain illegitimate or unauthorized access to any aspect of the Services or related systems or networks;
g) violate the legitimate rights of other parties, including, by way of example, intellectual property rights.
- The Services may be made available or accessible in connection with services and content of third parties (including advertising) that are not under the control of Bee Rent, which in no case will be responsible for any product or service of such suppliers of third parties. Access to these services is subject to the terms set forth in the applicable terms and conditions of third parties.
- Bee Rent, its affiliates, affiliates, subsidiaries and licensors, and their respective officers, directors, employees, agents, suppliers or licensors ("Affiliates") have taken all reasonable care in offering the services, but cannot release no warranty on the content of the App and the underlying software, including, but not limited to, accuracy, reliability, completeness or timeliness. Bee Rent cannot be held responsible for the accuracy or completeness of the contents or other erroneous information, for delays or interruptions to the service; Bee Rent does not guarantee that the App and other services will be available in all circumstances.
- User uses the Services and Vehicles at his own risk.
- The user is responsible for any damage or loss suffered in connection with the use of a vehicle from the moment it is unlocked until it is closed and in relation to its parking.
- The user is responsible for any damage caused to any vehicle, person, thing, directly or indirectly, intentionally or negligently.
- The user accepts responsibility for all accidents, damages or losses resulting from the lack of knowledge of his obligations as defined in these terms.
- Bee rent cannot be held responsible for any damage, liability or loss deriving from the use of the Services, except as provided by law.
The user agrees to not hold liable for damages Bee Rent and its officials, directors, employees and agents from any damage, request, loss and expense (including legal fees) arising from or in connection with:
a) the use of the Services;
b) the violation by the user of any of these Terms;
c) the violation by the user of the rights of third parties, including those injured in accidents.
10. Liability insurance
- Bee Rent has taken out insurance, which covers the user's civil responsibility in the event of accidental injuries to third parties or accidental damage to the property of third parties deriving from the use of a vehicle, up to 500,000 euros for a single claim.
- The insurance will refuse the compensation, or it can take action against the user and his property to recover any compensation paid to third parties, in the event that the user, at the time of the accident, is found to be positive for alcohol beyond the permitted threshold, to the use of drugs, or drugs for which driving a vehicle is contraindicated.
- The cost of the insurance is included in the rental costs for the use of a vehicle.
- If you are involved in an accident or report any damage or injury while using a vehicle, stay calm and call for help on 112. As soon as reasonably possible, Bee Rent must be notified by e-mail to email@example.com specifying:
- the address and the dynamics of the incident
- who you think is responsible for the accident and why
- complete data (name, surname, address, telephone number, driving license number, insurance policy number, etc.) of all interested parties
- photo of damage and injuries
- in the case of registered vehicles, send a copy of the EU accident reporting form (amicable verification form) correctly completed and signed by the parties.
11. Refusal, suspension and termination of account
- Both the user and Bee Rent can terminate the contractual relationship and terminate the account at any time and without notice.
- The user can notify Bee Rent of the closure request via the App or by writing to firstname.lastname@example.org.
- Bee Rent reserves the right to suspend or terminate the account in the event of violation of these Conditions and / or any applicable laws or regulations while using a Bee Rent vehicle or the Service.
- The user consents to the fact that any information obtained from the Public Force or other Public Officials regarding the failure to comply with these Conditions and any applicable laws or regulations during the use of a Vehicle are disclosed to Bee Rent, if permitted by law, and the latter can use this information to interrupt or suspend the use of the Services, including the rental of Vehicles, or possibly to take legal action against the user.
- In the event of termination of the Account, Bee Rent will reimburse the user his remaining credit, within 15 days, on the same credit / debit card used for the last top-up, after making any deductions relating to any use of the Services not yet charged, and deducted the sum of € 4 for administrative expenses.
- If you have defrauded or attempted to defraud Bee Rent, we may terminate your account without having to pay any refund.
- Bee Rent may refuse, suspend or terminate the registration of an Account if:
a) a user has previously been suspended using the Bee Rent service or his account has been closed for failing to comply with the Terms or the laws and regulations applicable in the State where you hire;
b) there are outstanding amounts due to Bee Rent arising from a previous use of the Service;
c) Bee Rent receives an injunction from Public Authorities of the rental country that prevents or limits the use of the service by the user; or
d) Bee Rent has reason to believe that the user has previously defrauded or attempted to defraud Bee Rent.
12. Complaints and disputes
- Any complaints must be forwarded to email@example.com.
- These Conditions constitute the entire agreement between the parties and replace all previous agreements regarding the use of the Rental Services.
- These Conditions and the use of the Services are governed bylaw Spanish.
13. Other provisions
- You may not assign or transfer any of your rights under these Terms in whole or in part to any other person without the prior written consent of Bee Rent.
- Bee Rent may assign, transfer or license these Terms in whole or in part to any legal entity.
- The total or partial ineffectiveness or invalidity of one or more clauses of these Terms does not affect the validity of the rest of the Terms. If a provision of the Terms should be or become ineffective or unachievable, the validity of the rest of the Terms will remain unchanged. In the event that a provision of these Terms is illegal, invalid or unenforceable for any reason, the parties will replace that provision, or part of it, with a provision that is legal, valid and applicable and that has, if legally possible, the effect more similar to the illegal, invalid or inapplicable provision.
For any questions or problems arising from these Terms, contact Bee Rent through the App or write to: firstname.lastname@example.org