E-BIKE TOUR & RENTAL
ELBA ISLAND
©2021-2023 SEED Art & Design di Scelza Emanuele - Loc. Consumella, 35 - 57037 - Portoferraio (LI)
E•ROCKS è un marchio SEED Art & Design
P.IVA 01840240491 - C.F. SCLMNL84B22G912U - REA: LI - 162760
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+39 3347511411
TERMS AND CONDITIONS OF THE E-BIKE RENTAL AND TOUR SERVICE
The rental and use of the pedal-assist bicycle implies the user’s knowledge and unconditional acceptance of these rules, the rates, and the opening and closing hours of SEED Art & Design di Scelza Emanuele, manager of the asset with registered office in Portoferraio (LI), Via Consumella, 35 - VAT no. 01840240491.
1. Bookings, Confirmatory Deposit and Payments
- Confirmatory Deposit: At the time of booking (both for rentals and guided tours) the payment of an amount as a confirmatory deposit is required, pursuant to art. 1385 of the Italian Civil Code, equal to 30% of the estimated total. The booking is deemed completed and binding only upon receipt of this amount.
- Balance: The remaining balance must be paid before delivery of the e-bike or the start of the tour, by cash or POS.
- Exclusion of Withdrawal and Cancellations: Pursuant to art. 59, letter n) of the Consumer Code (Legislative Decree 206/2005), as these are services related to leisure activities providing for a specific date or period of performance, the consumer’s right of withdrawal provided for distance contracts does not apply.
- In case of cancellation by the customer less than 72 hours before the scheduled date, the deposit will be retained in full as compensation. In case of tour cancellation due to force majeure or adverse weather conditions that compromise safety (assessed exclusively by the guide), the amount will be fully refunded or postponed.
2. Security Deposit (Deposit) and Liability for Damages
- Payment: Before delivery of each e-bike, the customer must provide a security deposit in cash, differentiated according to the category of the rented vehicle:
- € 100.00 for e-bikes with a rate of € 45.00/day;
- € 200.00 for e-bikes with a rate of € 60.00 - € 65.00 - € 70.00/day.
- Custodian’s Liability: From the moment the vehicle is delivered and for the entire duration of the contract, the customer assumes custody of the e-bike and its accessories pursuant to art. 2051 of the Italian Civil Code, becoming liable for any damage suffered by the vehicle or caused to third parties.
- Return and Withholdings: This deposit will be returned in full at the end of the rental, subject to verification of the vehicle’s condition. In the event of damage found on the e-bike or its accessories (on-board computer, battery, lights, locks, helmet, child seats), the repair or restoration costs will be withheld from the deposit, without prejudice to the lessor’s right to claim compensation for any greater damage.
- Theft or Loss: In the event of theft or loss of the vehicle, the customer must immediately report it to the competent authorities and compensate the lessor for the full market value of the e-bike.
3. Hours, Delivery (Pick-up) and Return Procedure
- Service Hours (Full Day): Pick-up and return of e-bikes for the full day take place in accordance with the times agreed at booking and within opening hours: from 08:30 to 18:00.
- Half-Day Rental (Exceptional Options): Should the lessor exceptionally grant a half-day rental, the binding times are as follows:
- Morning: from 08:30 to 12:30. If the vehicle is not returned by 12:30, the rate will automatically be converted and charged as a full day.
- Afternoon: from 15:00 to 19:00.
- Pick-up (Check-in): Upon delivery, the customer and staff will jointly check the vehicle’s condition. The customer must present a valid ID document and sign the delivery report and assumption of liability. Customer delay at pick-up does not extend the rental beyond the agreed time.
- Delays in Return: E-bikes must be returned by no later than the time set in the contract. Any delay not previously authorized will result in the following penalties:
- Delay between 15 and 30 minutes: charge of a fixed penalty of € 20.00.
- Delay over 30 minutes: the customer will be charged the rate corresponding to an additional full day of rental.
4. Transport of Minors and Junior E-Bikes
- Minors on Junior E-Bikes: Rental of Junior e-bikes is permitted only under the strict supervision and responsibility of a parent or legal guardian, who will sign the contract on behalf of the minor. The parent undertakes to ensure that the minor rides safely and in compliance with the Highway Code.
- Children in Child Seat: Transport of children on the rear child seat (provided by the lessor as an accessory) is permitted exclusively within the weight limits approved for the seat and in compliance with the Highway Code. The minor passenger in the child seat must wear a suitable protective helmet. The parent assumes full civil and criminal liability for the safety of the transported child.
5. Multi-Day Rentals: Overnight Storage, Charging and Battery Management
- Overnight Storage: In case of a multi-day rental, the customer has the absolute obligation to store the e-bike during nighttime hours in a closed, covered and secure place (e.g., garage, hotel room or the accommodation’s protected storage). It is strictly forbidden to leave e-bikes unattended outdoors or in public areas overnight, even if secured with a lock.
- Battery Charging: The customer is responsible for correctly charging the battery using only the original charger supplied by the lessor. Charging must take place in a dry, suitable environment.
- Ban on Battery Removal: It is strictly forbidden to remove the battery from the e-bike frame, unless there is an explicit written agreement or specific instructions provided by the rental staff at check-in. Any damage caused to the release mechanism, electrical connectors or the battery itself due to unauthorized removal will be charged in full to the customer.
6. Conditions of Use, Fitness and Safety (Enduro Tours)
- Fitness to Ride: The customer declares, under their own responsibility, that they have the technical skills and adequate physical condition necessary to ride a pedal-assist bicycle safely.
- Helmet Use: Use of a protective helmet (provided by the lessor or owned by the customer) is strongly recommended during self-guided rental and is mandatory during guided tours.
- Rides and Enduro Tours: To take part in Enduro-level guided tours or on technical, rough trails, in addition to the mandatory helmet, the use of additional protective gear is strongly recommended (such as knee pads, elbow pads, back protector or full-face helmet). Any customer who chooses not to use such protection releases the lessor and the guide from any liability for injuries resulting from falls on such routes.
- Compliance with Rules and Conduct: The customer undertakes to comply with the rules of the Highway Code and to ride with due care. During guided tours, participants must strictly follow the MTB Guide’s instructions and must not leave the group without authorization. The Guide reserves the right to exclude from the tour anyone who shows dangerous behavior for themselves or others.
7. Applicable Law and Jurisdiction
- This contract is governed and interpreted in accordance with Italian law. For anything not expressly provided for in these General Conditions, reference is made to the provisions of the Civil Code and the Consumer Code in force on the matter.
- For any dispute arising from the interpretation, performance or termination of this contract, exclusive jurisdiction shall lie with the Court of Livorno