Terms and Conditions

In consideration of your use of the Service, as defined below, Green Bike Aruba requires that you (“User”, “You”, or “Your”) agree to all terms and conditions in this Bicycle & Scooter Rental Agreement (“Agreement”). The “Service” is composed of Provider electric scooter, the related payment system, and all related equipment, personnel, and information.

Fees.
Fees. All Users are subject to fees for use of the Services. The fees are set forth in the app, the total amount of chargeable trips will be charged to User’s credit or debit card. If User has any claim or dispute regarding a chargeable trip, then User must, within 10 business days from the end of the prior month with the disputed claim, provide to Provider trip information necessary to identify the disputed charge, such as date of trip and approximate start and end times. The receipt, if any, indicating the date and time the Provider bicycle was returned would be additional proof that the Provider bicycle had been properly returned. User is encouraged to maintain all trip receipts.

Usage fees.
The unlocking fee for our services is $1.10, followed by a charge of $0.56 for each subsequent minute of use. A pause ride fee will be applied after the first 5 minutes of pause time at a rate of $0.00. However, thereafter, a fee of $1.00 for every additional 5 minutes of paused ride time will be charged.

Damaged e-scooters.
If your scooter is damage during your time user will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 90 hours after the Provider e scooter is not returned or is returned in a damaged state. Provider will attempt to contact User via telephone and email before charging the User’s credit or debit card, by using the contact information provided by User in connection with the Service.

Private Property Surcharge
If the rented e-scooter is left or abandoned on private property, the renter shall be liable for a surcharge of $50 for each one. Such fees may be charged as soon as 90 hours after. Provider will attempt to contact User via telephone and email before charging the User’s credit or debit card, by using the contact information provided by User in connection with the Service.

Credit/Debit Card Matters. You must input a valid credit or debit card number and expiration date before You will be registered to use the Service. You represent and warrant to Provider that You are authorized to use the card. You authorize Provider to charge Your card for all fees incurred by You. If You dispute any charge on Your credit or debit card account, then You must contact Provider within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Provider of all changes relating to Your card.

Releases; Disclaimers; Limited Liability; Assumption of Risk.
Releases; Municipalities. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) of any kind or nature that arise from or relate to any aspect of the Service, including, without limitation, any use of a scooter rented by the User by User or any other person. In exchange for being allowed to use the Service, User hereby, to the maximum extent permitted by law: (i) waives any Claims against and fully and forever releases and discharges Provider and its affiliates, and each of their owners, officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Provider Parties), and all of the Provider Parties’ other vendors, licensors, service providers and partners (collectively, “Related Parties”) and any municipality in which any part of the Services are made available and all of its elected and appointed officers, officials, employees, and agents (collectively, the “Municipalities”) from all Claims that User has or may have against Provider and its Related Parties and/or the Municipalities, except for Claims caused by Provider’s gross negligence or willful misconduct, and (ii) agrees to indemnify and hold harmless Provider and its Related Parties and the Municipalities from and against all Claims, provided that User does not release the Provider Parties or indemnify any person or entity with respect to Claims arising from Provider’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. Provider and its Related Parties and the Municipalities may plead such releases as a complete and sufficient defense to any Claim, as intended third beneficiaries of such releases. User agrees that the forgoing terms and conditions of this Section 4 shall be binding upon all of User’s agents, affiliates, representatives, successors, heirs, and assigns. In the event that the application of any provision of this Section 4 to any particular facts or circumstances shall be held to be invalid or unenforceable, then: (i) such provision shall be reformed without further action by the parties to the extent strictly necessary to render such provision valid and enforceable when applied to such particular facts or circumstances; and (ii) the validity and enforceability of such provision as applied to any other particular facts or circumstances, and the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.

DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY ASPECT OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER AND ITS RELATED PARTIES AND THE MUNICIPALITIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY ASPECT OF THE SERVICE, WHICH ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). NONE OF PROVIDER AND ITS RELATED PARTIES AND/OR THE MUNICIPALITIES REPRESENT OR WARRANT THAT ANY ASPECT OF THE SERVICE WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST IN ANY OF ASPECT THE SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY ASPECT OF THE SERVICE, AND NONE OF PROVIDER AND ITS RELATED PARTIES AND/OR THE MUNICIPALITIES ARE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS, EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS, OR DISBURSEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST BICYCLE OR SYSTEM KEY.

LIMITED LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT NONE OF PROVIDER AND ITS RELATED PARTIES AND/OR THE MUNICIPALITIES ARE RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY ASPECT OF THE SERVICE, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, OR (E) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF ANY OF PROVIDER AND ITS RELATED PARTIES AND/OR
THE MUNICIPALITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. OUR TOTAL LIABILITY FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, IS LIMITED TO THE GREATER OF THE SUM OF $100 AND THE AMOUNTS PAID BY YOU TO PROVIDER WITH RESPECT TO THE USE OF THE SERVICE TO WHICH THE CLAIM RELATES.

Some jurisdictions do not allow for limited liability or exclusion of implied warranties; and, if any of those laws apply to You, then some or all of the above disclaimers, exclusions, or limitations might not apply to You, and You might have additional rights.

Assumption of Risk by User. User agrees that riding a Provider vehicle involves many obvious and non-obvious risks, dangers, and hazards, which may result in injury or death to User or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. User agrees that such risks, dangers, and hazards are User’s sole responsibility. User agrees that if User’s use of any aspect of the Service causes injury or damage to another person or property, then User may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Provider vehicle, User assumes all responsibility for all related risks, dangers, and hazards, and User agrees that Provider and its Related Parties and the Municipalities are not responsible for any injury, damage, or cost caused by User with respect to any person or property, including the Provider bicycle itself. User is solely and fully responsible for the safe operation of the Provider bicycle at all times. Directions and Additional Terms of Use.

Activation. Once You are successfully registered to use the Service, Provider will provide you with access to the Service. You must follow the steps outlined by Provider in order to access the Service.

Before each use of a Provider vehicle, User shall conduct a safety inspection of the Provider vehicle, which includes inspecting the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. User agrees not to ride the Provider vehicle if User notices any mechanical or other problem or safety issue, to promptly notify Provider of all problems and issues, and to use a different Provider vehicle. User agrees to notify Provider immediately upon docking a Provider vehicle that User notices has any mechanical or other problem or safety issue.
Additional Terms of Use.

User agrees, represents, and warrants that User is a safe and competent vehicle operator, is physically able to safely ride a bicycle without a risk to the User’s health, is knowledgeable about the operation of a vehicle, and is knowledgeable about the laws pertaining to bicycles operated within the applicable state and all cities and towns where the Service is offered and/or used. Like any physical activity, riding a Provider vehicle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride Provider vehicle, User assumes all responsibilities and risks for all such injuries or other medical conditions. User agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury.

User agrees that Provider does not provide or maintain places where to ride Provider vehicle, and that Provider and the Municipalities do not guarantee that there will always be a safe place to ride a Provider vehicle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. User must not use a Provider vehicle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.

User agrees that Provider and the Municipalities are not a common carrier. Alternative means of public and private transportation are available to the general public and to User individually, including public buses and rail service, taxis, and pedestrian paths. Provider and the Municipalities provide Provider vehicle only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Provider vehicle on their own and who have agreed to all terms and conditions of this Agreement.

User agrees that access to the Service is denied to any person less than 16 years of age, whether or not accompanied by a parent or guardian. Minors who are at least 16 years of age may use the Service, but only if the minor’s use of the Service is facilitated by and under the responsibility of the minor’s parent or legal guardian. By authorizing use of the Service by a minor, the parent or legal guardian agrees s/he is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor’s use of the Service and guarantees, represents, and warrants: (i) the parent’s or legal guardian’s; and (ii) the minor’s acceptance of and agreement and compliance with all terms and conditions of this Agreement as a User. User must report to the police and to Provider Customer Service as soon as possible, but in no event later than 24 hours, after the occurrence of any of the following events: any crash, damage, loss, or personal injury while using a Provider vehicle.

User is responsible for all charges, damages, or injuries incurred either directly or indirectly resulting from use of User’s key prior to deactivation of the key by Provider upon expiration of membership or a report to the Provider Customer Service.

Confidentiality of Information.
Personally identifiable information pertaining to Users that is held by Provider includes names, addresses, phone numbers, email addresses, birth dates, and credit and debit card numbers, and further includes other information that, by its nature, is linked to personally identifiable information and could be used to identify You (such as, IP addresses linked to personally identifiable information). Personally identifiable information will be kept confidential by Provider; provided, however, that (i) if there is any accident where a User is unable to communicate personal information to the appropriate authorities, then Provider may, in its sole discretion or as required by any of the Municipalities, provide the User’s name, address, phone number, and other important information to such authorities, and (ii) if Provider receives a subpoena from any court or other authority, then Provider will provide all requested information in accordance with applicable law. Further, Provider may disclose personally identifiable information: (i) to investigate or defend against any allegation or claim against Provider, any of the Municipalities or involving the Provider Service; (ii) to assist government enforcement agencies; (iii) if required to do so by law; or (iv) for other lawful purposes that any of the Municipalities may determine to be reasonable and desirable. Personally identifiable information and Provider usage information may be provided, in whole or in part, to any of the Municipalities for purposes of system monitoring and improvement, for promotion of municipal and/or bicycling related services and programs, as necessitated by the transition of the Provider to another operator (in which event information will be provided to the successor operator), in relation to services You may choose to participate in, such as, purchasing a helmet through the Provider website, and for any other lawful purposes that any of the Municipalities may determine to be reasonable and desirable, including, without limitation, in the event of an accident or receipt of a subpoena, as described in the previous paragraph, or other contemplated legal proceedings.

In addition to the forgoing, Your personally identifiable information may be shared with other third parties that provide part(s) of the Provider Service. In cases where Your personally identifiable information is disclosed to such third parties they are required to protect that information.

Please further be advised that Provider usage information that is not personally identifiable information is not subject to the restrictions set forth in this Section 18 and may be disclosed, as any of the Municipalities determine, for any lawful purpose. Recipients of information received consistent with the provisions of this Section 18 may be able to combine information they properly obtained under this Section 18 with other information they independently possess concerning You. Neither Provider nor the Municipalities are responsible for such recipients’ later use of the information they properly obtained.

Notice. You may contact Provider by writing, calling, or emailing Provider at the street address, telephone number, and email address listed below:
greenbikearuba@greenbikearuba.com

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