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TERMS AND CONDITIONS
These Terms & Conditions (TC) will have effect for all registered users through the website http: // www.RentandFit.com.
Rent & Fit is the marketplace that allows theUser to rent eHoverboards bicycles, electric unicycles, electric scooters, segways, e-bikes and pit bikes directly from the renters through the platform available at http: // www.RentandFit.com (the "Web") and / or possibly through the mobile application called "Rent & Fit" ("App").
ARTICLE - 1 SCOPE
ARTICLE 2 - FUNCTION OF THE PLATFORM
2.1.- Through the Platform, users can rent bicycles, eHoverboards, electric unicycles, electric scooters, segways, e-bikes and pit bikes directly from the Renters, as RentNFit is not the owner of these vehicles. The Rent & Fit helps the'User find rental services and to make the necessary reservations, and acts as an interface in the transactions with charterers.When a booking is made for a rental using the Site / App, a contract is concluded with the relative Charterer for such rental
2.2.- Rent & Fit does not provide Internet access or other technical services necessary for the use of the platform.
2.3.- Rent & Fit works constantly to optimize and expand the services offered through the website / app. This may lead to changes, in particular: technical requirements for the provision of services, the transmission of advertisements and booking requests.
ARTICLE 3 - USER REGISTRATION
3.1.- To use the services provided by Rent & Fit, theUser must register by providing mandatory information, ie "Personal data" (name and surname) and his / her e-mail address.
TheUser can register by entering the personal data in the platform also by transferring it from selected social media services (Facebook,Google...)
3.2.- TheUser indicates that the personal data entered is correct, updated and complete.
3.3.- It is always possible to'User is correct and modify the data entered on the platform with the exception ofthe e-mail address used for registration.
3.4.- By registering, theUser confirms these GTC. Once registration is complete, Rent & Fit sendsemail tothe User a confirmationand creates a personal account for theUser (hereinafter "Rent & Fit Account") and activates it.
3.5.- Personal data are stored in the Rent & Fit Account. Other users can view them only when and to the extent necessary to make contact. Rent & Fit will use the personal data exclusively for the purpose of allowing theUser to benefit from the services offered by the platform.
ARTICLE 4 - ACCESS TO DATA
4.1.- TheUser must have personal access data for access to his Rent & Fit Account which can only be used by theUser. TheUser must not transmit access data to third parties; must select passwords that are difficult to decipher; keep your login data and passwords secret; and immediately change these access data if you are aware of any improper use / abuse of the access data. This also applies where you suspect such abuse.
4.2.- TheUser is required to protect the computers and other data carriers from which he accesses and is required to protect the devices in which the passwords are stored or used.
4.3.- TheUser is responsible for all damages caused by any third party use for which they are responsible.
4.4.- If the'User violates the nursing duties specified in 9.1 and 9.2 significantly, Rent & Fit is authorized to block the account of Rent &Fit'User (temporarily). TheUser will be informed via e-mail.
ARTICLE 5 - DURATION OF THE CONTRACT, WITHDRAWAL AND
TERMINATION 5.1.- The Contract with theUser is concluded for an indefinite period.
5.2.- Unless otherwise agreed, theUser can withdraw from the Agreement with Rent & Fit at any time without the obligation to respect a notice period using theoption "Deactivate account". The rental agreements have already been concluded does not influence the resolution, but do not entitle to a refund.
ARTICLE 6 - USE OF THE PLATFORM
6.1.- TheUser undertakes not to use the platform in an improper way. In particular, it is not authorized to: impersonate another person; use the membership account to publish unrelated rental information; send unsolicited advertising material or sales promotion material (such as unsolicited promotional e-mails or "spam") via the platform; block, overwrite or modify the content of the Platform; o use the platform using a system or program that compromises the security, integrity and / or availability of the systems used by Rent & Fit, or that influences the platform in order to interrupt its correct and regular operation or access to the platform without authorization.
6.2.- TheUser must indemnify RentNFit from all claims, of any nature, claimed against RentNFit by the Charterers and third parties due to an improper use of the platform pursuant to § 6.1. TheUser shall reimburse RentNFit for any losses suffered as a result of such improper use, including any legal costs. This does not apply in the event that theUser is not responsible for such misuse. In any case, theUser must support RentNFit in its legal defense.
ARTICLE 7 - CONTACTS AND NEWSLETTER
7.1.- Rent & Fit sends theUser the information necessary for the use of the platform to the e-mail address provided during registration, or through the App. In particular, security update information will be communicated, notices of changes to the commercial terms and conditions, and information on new and / or changed features.
7.2.- TheUser only receives notifications relating to the marketing activities of Rent & Fit and its partners (hereafter "Newsletter") if they have accepted to receive the Newsletter. TheUser can end his subscription to the Newsletter at any time by clicking on "Unsubscribe" in the Newsletter field. In this case, the e-mail address ofthe User will be deleted from the newsletter distribution list and the absence of consent must be noted in the customer area
ARTICLE 8 - STATEMENTS AND WARRANTIES
8.1.- RentNFit assumes no responsibility for the correctness of the personal data provided bythe user during registration. TheUser must independently verify the identity of the charterers.
8.2.- RentNFit does not guarantee that an agreement will be concluded between Users and Renters, as a result of using the Platform, nor will it be responsible for the creditworthiness of Users and Renters or for the correct execution of the Rental Agreement.
8.3.- TheUser is responsible for safeguarding personal data, content and other data stored in the account he belongs to or elsewhere on the platform on a storage medium that is not accessible to Rent & Fit.
8.4.- RentNFit assumes no responsibility for the Internet functionality ofthe User.
8.5.- RentNFit clearly underlines that the use of web services can involve risks. This refers in particular to the risks caused by sending malware, spamming, password theft, electronic intrusion and manipulation, hacking and other forms of unauthorized disclosure of data. RentNFit makes reasonable efforts to minimize these risks. This does not establish an obligation to take responsibility. The use of the platform will therefore be the responsibility ofthe User.
ARTICLE 9 - REVIEWS AND EVALUATIONS
9.1.- Users can leave a public review ("Review") within 30 days from the completion of a reservation at the end of the period of use and evaluate each other through a star rating ("Classification"). TheUser will provide truthful information in the reviews and evaluations and will do so only by including such circumstances connected with the execution of the rental. It is forbidden forthe User to provide reviews and ratings on himself or to organize reviews or ratings on third parties.
9.2.- RentNFit is not responsible for the reviews and ratings left by Users. RentNFit does not review the reviews and ratings before they are posted. Rent & Fit is however authorized to add comments to the votes for clarification purposes and to remove and eliminate them from the profile of the evaluations, in whole or in part, if these evaluations violate the specifications contained in the previous § 12.1, they damage the rights of third parties; cause offense or harassment or are immoral or sexually explicit, contain personal information regarding the other User, such as their name, address, telephone number or e-mail address; contain prohibited links or scripts; if such comments were inadvertently attributed totheUser wrong; o they must be removed due to an executive court decision against the party that gave the assessment.
ARTICLE 10 - RENTAL RESERVATION
10.1.- TheUser will be able to view the rental vehicles by comparing the rental adverts on the platform.
10.2.- Le fotografie and illustrations shown to'User direttamnte on the platform are provided by charterers.The purpose of these photographs and illustrations is to show theUser the rental vehicles and the same must not be considered as a guarantee that exceeds this purpose.
10.3.- TheUser can select the vehicle to rent and the period of use and send the rental proposal to the Charterer.
10.4.- The Charterer will have three days to accept the rental offer. With the acceptance of the proposal, the rental contract will be deemed concluded and the User will have to pay the rental fee.
10.5.- Each User may conclude only one rental contract at a time, also renting more than one vehicle.
10.6.- TheUser ensures and confirms that the details provided with reference to all parts of the reservation are complete and correct and accepts to be bound by these General Conditions.
10.7.- The prices indicated on the site / app do not include insurance of the service offered by the platform. TheUser is invited to take out insurance that guarantees coverage for extraordinary risks such as in the event of a claim. It is the responsibility of theUser to verify that the insurance taken out is adequate to cover his needs. From time to time, during the booking process,may be shown to theUser some insurance products for rental. The details of the insurance company, the main related information and the terms and conditions will be shown during the booking process. Any insurance coverage may also be proposed by the individual Charterers at the time of delivery of the rented asset.
10.8.- The rental contract concluded between theUser and the Charterer will be governed by the Terms & Conditionsof the contract envisaged by the individual Charterers.
ARTICLE 11 - SERVICE FEE, COSTS, PAYMENT MANAGEMENT
11.1.- If a contract is entered into between the User and the Charterer following the use of the platform, RentNFit receives a commission (hereinafter called "Commission") from the Charterer.
11.2.- TheUser must pay the rental fee in advance to RentNFit using the means of payment accepted by RentNFit through the payment gateway of the platform.
11.3.- The Charterer authorizes RentNFit to collect the payment in its name and to keep it in a fiduciary deposit on an account (hereinafter referred to as the "Trust Account") set up for this purpose.
11.4.- RentNFit will pay the rental price net of the Commission, the value added tax and the costs of bank commissions only after the return date of the rented asset at the end of the rental period.
11.5.- RentNFit has the right to modify the Commission at any time. These changes do not apply to rental contracts already concluded. TheUser will be informed of the changes made to the Commission before they come into force.
ARTICLE 12 - SECURITY DEPOSIT
12.1.- The Charterer may request theUser to pay a security deposit upon delivery of the rented good.
12.2.- RentNFit is not responsible for managing the security deposit, nor does it guarantee that theUser will pay the security deposit.
ARTICLE 13 - CANCELLATION AND CHANGES TO THE RESERVATION
13.1.- The right of withdrawal / cancellation / modification of the contract exists only if expressly provided by the Charterer and under the conditions indicated by the same.
13.2.- If the right of withdrawal is provided, RentNFit will have the right to withhold its commission if the cancellation occurs within 48h from the start of the period of use.
ARTICLE 14 - LIMITATION OF LIABILITY
14.1.- Inrelation to the purchase of the Services, RentNFit operates as an intermediary between theUser and the Charterer and, therefore, Rent & Fit (even if you charge the price) will not be responsible for the failure by the Charterers and Users of the obligations relating to the services provided on the platform.
14.2.- TheUser is responsible, in any case, for the actions and / or omissions of whoever drives the vehicle and the Charterer reserves the right to communicate the data of third parties to the following bodies: Judicial Authorities, Insurance Companies, Legal Studies and Companies specialized in prevention and management of thefts and claims and to use or have their contents used for each action for their own protection. RentNFit can not be held responsible for losses and damages of any nature, including economic and financial damage, resulting from failure / delayed delivery of the rented goods, delivery of vehicles of a category other than that booked, unexpected failures of the rented goods in all its component, to the deterioration of goods or damage of any other kind. TheUser always retains total responsibility for the rented goods, which are in no case insured by RentNFit.
ARTICLE 15 - FORCE MAJEURE
15.1.- RentNFit is exempt from its obligations in the event of events or circumstances that make it impossible to operate the platform.
15.2.- Cases of force majeure must include, in particular, the interruption or failure of the Internet or other networks, telecommunications connections, power supply, infrastructures, suppliers or suppliers.
15.3.- We also consider force majeure - pursuant to current regulations - an irresistible and unpredictable event, extraordinary and independent of the will of the parties and which prevents the parties themselves from fulfilling their obligations such as: strikes, regulatory changes , bad weather, delays in the delivery of the vehicle from previous rentals.
ARTICLE 16 - CUSTOMER ASSISTANCE
16.1.- Customer service is important for Rent & Fit. Rent & Fit will assist theUser if theUser has any questions or problems. Theuser can contact Rent & Fit by writing in the appropriate form on the "CONTACT US" page indicated on the website / app.
16.2.- The rental Agreement agreed through the Platform will be concluded exclusively between theUser and the Charterer. RentNFit is therefore not responsible for the reliability of the contractual partner, nor for the correct execution of the rental agreement. However, RentNFit has made every effortto ensure that rental requests are answered promptly and will help theuser to conclude it.
16.3.- TheUser can withdraw from the Rental Agreement under the conditions established in § 13.
16.4.- Users can send ratings or reviews (see § 9).
16.5.- TheUser who has received a vehicle with technical characteristics different from the booked vehicle and refuses to deliver it, or in the absence of the rented good, will be able to obtain a refund of the amount of the rental not completed, or a voucher in the amount of the rental to spend on the platform.
16.6.- TheUser, in the cases referred to in § 16.5, may request a refund of the rental price directly from the Charterer. If theUser is unable to contact the Renter or the Renter does not respond tocomplaintthe User's, theUser can contact Rent & Fit within 7 days from the end of the rental period for the use of the rented vehicle (hereinafter "Period of use "). Rent & Fit will attempt to mediate between the Charterer andthe User, but does not guarantee that the complaint will be successful.
ARTICLE - 17 PRIVACY
ARTICLE 18 - APPLICABLE LAW AND COMPETENT COURT
18.1.- This contract is governed by Italian law. The parties will submit all disputes arising from or connected to this Agreement - including those relating to its interpretation, validity, effectiveness, execution and resolution - to the mediation attempt pursuant to Legislative Decree no. 28/2010 according to the provisions of the Civil and Commercial Mediation Regulations of the Arbitration Chamber of Milan that the parties expressly declare to know and fully accept. The parties undertake to resort to mediation before starting any arbitration or judicial proceedings. The mediation request must be filed before the Chamber of Commerce of theheadquarters RentNFit within thirty days of the dispute. The appointment of the mediator will be arranged on the basis of the list of mediators competently registered in the commercial and transport area. For any subsequent judicial proceedings, the jurisdiction of the Court of theoffice will be competent RentNFit, with the exception of the cases contemplated by art. 1469 bis of the civil code and without prejudice to the provisions of ARTICLE 33, paragraph 2, letter U, of the Code of the Consumption (Legislative Decree 206/2005) and that is the forum where the consumer resides or is electively domiciled. If any part of this Agreement is deemed inapplicable pursuant to the law, this part will be considered canceled, however this will not result in the invalidity or ineffectiveness of the other provisions.
ARTICLE 19 - MISCELLANEOUS
19.2.- RentNFit has the right to transfer and / or transfer the rights and obligations under the agreement with Users to third parties in whole or in part. In the case of a transfer of this type, users must receive a specific and express notification that provides for a certain period of time for the elimination of their user profile, if they do not accept the transfer.
This Platform collects some Personal Data from its Users.
Owner of the Data Processing
RENT & FIT
Via Marco Cremosano, 6
20148 Milan - MI- Italy
p. VAT 11264080968
Types of Data collected
Among the Personal Data collected by this Platform, independently or through third parties, there are: cookies; usage data; first name; surname; e-mail; geographic location.
Personal Data may be entered voluntarily by the User, or collected automatically during the use of this Platform (such as usage data).
Unless otherwise specified, all the Data requested by this Platform are mandatory. If the User refuses to communicate them, it may be impossible for this Platform to provide the service. In the event that this Platform indicates some Data as optional, Users are free to refrain from communicating such Data, without this having any consequence on the availability of the service or on its operation.
The User assumes responsibility for the Personal Data of third parties published or shared through this Platform and guarantees to have the right to communicate or disseminate them, freeing the Owner from any liability to third parties.
The Data Controller processes Users' Personal Data by adopting the appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data.
The treatment is carried out using IT and / or telematic tools, with organizational methods and with logic strictly related to the purposes indicated. In addition to the Data Controller, in some cases, categories of agents involved in the organization of the Platform (by way of example and not limited to: administrative, commercial, marketing, legal personnel) or external subjects (by way of example and not limited to: third party technical service providers, postal couriers, hosting providers, IT companies) also appointed, if necessary, Data Processors by the Owner.
Legal basis of the processing
The Data Controller processes Personal Data relating to the User:
if the User has given consent to the processing of their personal data for one or more specific purposes;
if the processing is necessary for the execution of a contract of which the User is a party and / or for the execution of pre-contractual measures adopted at the request of the same;
if the processing is necessary to fulfill a legal obligation to which the data controller is subject.
if the processing is necessary for the execution of a public interest task or for the exercise of public powers with which the Data Controller is invested;
if the processing is necessary for the pursuit of the legitimate interest of the owner or third parties.
It is always possible to request the Data Controller to clarify the concrete legal basis of each treatment.
The Data is processed by the Data Controller on servers located within the EU territory.
The Data are processed for the time necessary to perform the service requested by the User, or required by the purposes described in this document, and the User can always request the interruption of the treatment or the cancellation of the data.
Purpose of the data processing Collected
The User Data is collected to allow the Owner to provide its services, fulfill legal obligations, as well as for the following purposes:
- Account creation
The User, by entering his / her data during the registration and creation of an account phase , consents to their use to respond to requests for information, quotes, reservations or any other related nature.
- Registration and authentication
With registration or authentication, the User allows the Platform to identify him and to give him access to dedicated services.
Registration and authentication services could be provided with the help of third parties. In this case, this Platform will be able to access some Data stored by the third party service used for registration or authentication.
By registering for the newsletter, the User's email address is automatically inserted in a list of contacts to which messages containing information, including commercial and promotional information, may be transmitted.
management The payment management services are managed through the Stripe platform (www.stripe.com). The data used for payment are acquired directly by the latter operator, without being processed in any way by this Platform.
Some of these services may also allow the programmed sending of messages to the User, such as emails containing invoices or notifications regarding the payment.
- Interaction with live chat platforms
This type of service allows you to interact with live chat platforms (provided? Managed by third parties? Directly from the pages of this Platform?).
This allows the User to contact the service or support of this Platform.
- Interactions with social networks and external platforms
This type of service allows you to make interactions with social networks, or with other external platforms.
The interactions and information acquired from this Platform are, in any case, subject to the User's privacy settings relating to each social network.
This type of service could still collect traffic data for the pages where the service is installed, even when users do not use it.
- Location- based interactions - Geolocation
This Platform may collect, use and share data relating to the User's geographical location, in order to provide location-based services.
Most browsers and devices by default provide tools to deny geographic tracking. If the User has expressly authorized this possibility, this Platform may receive information on its actual geographical position.
The localization of the User occurs in a non-continuous manner, upon specific User request or when the User allows the platform to automatically detect the position.
The subjects to whom the Personal Data refer have the right at any time to:
- withdraw consent at any time;
- object to the processing of your data;
- access your data;
- verify and request correction;
- obtain the limitation of the treatment;
- obtain the cancellation or removal of their Personal Data;
- receive your data or have it transferred to another holder;
- propose a complaint.
Requests should be addressed to the Data Controller.
This privacy statement has been prepared in fulfillment of the obligations under the General European Data Protection Regulation n. 2016/679.
Last modification date: 15 June 2020