GREEN BIKE SUBSCRIPTION AGREEMENT–REVISED 6/12/2018]

Friendly Green Bike Company Aruba, V.B.A., is a profit offering a self-service bicycle rental system («the Service»). Subscriber or Renter is a person 18 years old or older. Subscriber or Renter agrees to these terms:

The Service is comprised of Stations (which include a Pay Station and Bike Docks), bicycles, Green Bike cards (assigned to Members) a Website. Bicycles can be rented from and returned to any Station. Green Bike offer this service throughout the year unless a natural inconvenience happens such a tropical hurricane among others.

You can subscribe to the Service through a Membership (by creating an Account at www.greenbikearuba.com or a Pass by purchasing access at a Pay Station. Members, Pass-holders, Renters are Subscribers.

GREEN BIKE’S TERMS AND CONDITIONS

You will receive access to the Service for the duration of your Membership, Pass or Rental, provided that you pay any Usage Fees and comply with this Agreement. Your Subscription, the personal ID number Green Bike assigns to you, your Green Bike Card and Account Login are strictly personal and entitle you to use the Service. Do not allow any other person to access the Service with your ID number, Green Bike Card or Account Login. Your Subscription cannot be transferred.

Subscription Duration and Price

Annual Membership

Prices doesn’t include sales tax. A Free Trial certificate or a subscription gift certificate entitles a subscriber not to waiver of the applicable subscription price but does not waive Usage Fees or any other term of this Agreement. Subscriptions are non-refundable.

3-day, 5-day and 7- Day Pass

3-day pass : $49

5-day pass: $69

7-day pass : $89

3-day, 5-day and 7-day pass

All our passes provide riders with continues access to the system during their rental period without having to lock the bikes at intervals. Time is continues from first time use.

If a renter choose to keep the bike past the rental session, $5 will be charged for each additional 30-minute period. The rental expires once the bike is returned.

You have to purchase the day pass at the kiosk. The user have 7 days access to the bikes using the same credit card used to purchase the plan at the kiosk. The customer can requests ride codes to unlock the bikes using the credit card.

Renewal for locals

1-Year Members may choose automatic renewal when setting up their Account. If this option is selected, the Membership will renew with a new 365-day term upon expiration of the prior term. The Terms and Conditions in effect at the time of renewal apply to all renewed subscriptions. The subscription price will be charged upon renewal.

Usage Fees

Annual Membership

A «Trip» includes one bicycle rental from the time a bike is taken from a Bike Dock until it is returned to a Bike Dock. You may take as many trips as you like within the subscription period, provided that you only take one bicycle at a time. Usage Fees are based on 1-hour periods and are cumulative. Usage fees apply to all subscriptions.

Every fraction of a 30-minute period of use in excess of the period paid for shall be charged as a full period.

For example:

You agree to complete each trip within 24 hours. Bicycles not returned within 24 hours will be considered Lost. The data generated by the Service’s computer system shall be proof of the duration of each Trip. Fees include sales tax. Green Bike may change Usage fees at the beginning of each month.

Usage Fees

3 days,5 days and 7-day pass

A «Trip» includes one bicycle rental from the time a bike is taken from a Bike Dock until it is returned to a Bike Dock. You may take as many trips as you like within the subscription period, provided that you only take one bicycle at a time. Usage Fees are based on 45-minute periods and are cumulative. Usage fees apply to all subscriptions.

Every fraction of a 30-minute period of use in excess of the period paid for shall be charged as a full period.

For example:

You agree to complete each trip within 24 hours. Bicycles not returned within 24 hours will be considered Lost. The data generated by the Service’s computer system shall be proof of the duration of each Trip. Fees include sales tax. Green Bike may change Usage fees at the beginning of each month.

Usage Fees

Hourly Rate

Provides rider with continues Access to the system during their rental period without having to dock the bike at intervals. Time is continues from first use.

During your rental section you may dock and remove your bike at any station but a ride code only lasts for one trip. For subsequent trips, customers must swipe their credit at the kiosk to receive a new code at no additional cost. Even though, you park your bike, Time is continues from first use.

If a renter choose to keep the bike past his rental session, $5 will be charged for each additional 30-minute period. The rental expires once the bike is returned.

For example:

4 hour rental : $24

+ $0,00 Up to rental session : $24

+ $5,00 Rental session + 30 minutes = $29

+ $10,00 rental session + 1 hour = $34

+ $15,00 rental session + 1 hour and 30 minutes = $39

Availability

Green Bike undertakes to maintain the Service 7 days a week, 24-hours a day. There will be periods when the Service is unavailable due to technical problems, required service or software updates, requirements of the City or other authorities, or circumstances beyond Green Bike’s control.

Green Bike crews will periodically move bicycles from overfull to less full stations and will periodically perform maintenance on the stations and bicycles. However, Green Bike does not guarantee that you will find an available bike or an empty Bike Dock at any particular station at any particular time or that stations or bicycles will be in working order at all times.

Access to Bicycles; Activation of Green Bike Card
You can access bicycles with an active Green Bike Card or a temporary code issued by a Pay Station or Mobile Application

If you choose to have a Green Bike Card sent to you by mail, you must activate that Card before using it. Activate your Card at www.greenbikearuba.com. Green Bike undertakes to mail Green Bike Card within three business days of purchase, but does not guarantee delivery time.

Tourists may purchase at a Pay Station or through a Mobile Application. The Pay Station or Mobile Application will then provide a temporary access code.

Payment Confirmation

Payment for subscription purchases, renewals, and reactivations will be confirmed via email. Members may view all charges by signing in to their Accounts. Members will also receive an e-mail notification in each month in which charges are incurred. Tourists may view charges by inserting at any Pay Station the same bank card used to purchase the Pass. You may also obtain a receipt by contacting Customer Service at customerservice@greenbikearuba.com

Bank Card Transactions

The Service is accessible to holders of Visa, Master Cards. If the bank card account you provided with your Subscription is terminated or is unable to process Green Bike transactions, your Subscription will be suspended or terminated.

You agree to report any changes in your relationship with your bank card issuer which could affect the execution of charges. Green Bike is authorized by you to contact your bank card issuer to update information required to execute charges. If your bank card expires and you do not submit a new one, your account may be de-activated.

Timing of Member charges: Charges for subscription purchases, renewals, and reactivations will occur immediately. Usage fees and other charges will be charged on the 1st of each month, upon accrual of charges greater than $50, or at the time of renewal/reactivation, whichever comes first.

Timing of Members charges: Charges for subscription and card purchases will occur immediately. Usage fees will be charged at the end of the Pass term, unless charges greater than $50 are accrued, in which case they will be billed immediately. A preauthorization hold of up to $1 may be placed on your account for card verification purposes.

Timing of Tourist Rental charges: The initial paid time will be charged immediately. Charged for subsequent 30 minutes periods will be charged when the bike is returned.

Responsibility for Return of Bicycle

To return a bicycle, you must secure it into an available Bike Dock. A sound signal is emitted and the light signal turns yellow then green, confirming that the bicycle has been returned and locked. A red light signal and a long sound signal indicate that the bicycle is not properly secured. A bicycle that is not properly secured remains your responsibility.

Bike Dock Malfunction: If the light on the Bike Dock stays red and the bicycle cannot be returned, you must return the bicycle into another available Bike Dock.

Unavailability of Bike Docks: You will receive an additional 15-minute time credit where no Bike Dock is available at the Station of your choice by selecting Time Credit from the screen of the Pay Station where no docks are available.

Lost, Stolen, or Damaged Bicycles.

The data generated by the Services’ computer is conclusive evidence of the period of use of a Bicycle by a Member. Your use of the Services is limited to a period of 24 consecutive hours.

A.LOST BICYCLES

For any Bicycle use that exceeds a period of 24 consecutive hours, the Bicycle will be deemed «lost” and Your credit or debit card will be charged a lost bike fee of up to $1,200. In addition, Green Bike may file a police report with local authorities. If the Bicycle is found or returned to a Bike Dock after 24 hours, or Green Bike verifies that You are not responsible for a loss, theft, or accident preventing its return, the lost bike fee may be waived. You agree to report to Green Bike as soon as possible the loss or theft of a Bicycle or Your involvement in any accident that will prevent the return of a Bicycle. You further agree to follow Green Bike’s directions regarding filing a police report for any loss, theft, or accident and to cooperate with any investigation of such an event.

If you believe a bicycle checked out to you has been stolen, you will contact Customer Service at customerservice@greenbikearuba.com immediately and file a police report within 24 hours.

B. DAMAGED BICYCLES

You must return the Bicycle in the same condition in which it was rented. If the Bicycle is returned to a Bike Dock damaged or in a state of disrepair, You will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Bicycle has been returned in a damaged state. Green Bike will attempt to contact You before charging Your credit or debit card using the telephone contact information You provided.

C. LOST OR DAMAGED SYSTEM KEYS

If Your system card has been lost or damaged, a replacement may be obtained by emailing customerservice@greenbikearuba.com. A replacement fee of $10 may be charged, and a replacement system card will be mailed to the mailing address on Your account.

Flat tire

A flat tire is something usual to happen while you are using a green bike. We will not charge for this, but please return the bike to any station and get a new bike with the following procedure:
1. Touch the screen
2. Select: I have a pass
3. Insert the credit card to validate the information
4. Request a new ride code.

if you are unable to return to one of the 8 stations please contact customer service at 5946368 so we can assist you.

Secondary Lock

The lost or damage of the secondary lock will be $10

Refund Policy

Green Bike Subscriptions are non-refundable. Your subscription fee will not be refunded if your subscription is terminated due to breach of this Agreement.

Confidential Information

Green Bike will comply with the Privacy Policy maintained at www.greenbikearuba.com

Contact

Ponton 69,2 Aruba.
customerservice@greenbikearuba.com (Customer Service)

Phone Number: +2975946368

SUBSCRIBER’S REPRESENTATIONS

I am a competent bicycle operator, and am sufficiently physically fit to safely operate a bicycle. I have received any necessary medical clearances for such physical activity. Green Bike is not responsible for injury, damage or liability resulting from my misrepresentation of competence or physical fitness to safely operate a bicycle.

I understand and agree to the following:

• Riding a bicycle involves risks, dangers and hazards. These risks, dangers, and hazards may result in injury or death to myself or others, as well as damage to property. There are risks associated with the use of any bicycle which cannot be predicted or avoided and which are the sole responsibility of the rider. If my use of a Green Bike bicycle causes injury or damage to another person or property, I may be liable for such injury or damage and associated expenses. By choosing to ride a bicycle, I assume all responsibility for the risks, hazards, and dangers that it involves.
• Riding a bicycle is a physical activity. Like any physical activity, riding a bicycle may cause minor or major injuries or discomfort, and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Green Bike bicycle, I assume all responsibility for all such injuries or other medical conditions.
• State and local laws require me to obey the rules of the road while riding a bicycle. There are state and local laws applying specifically to bicycle riders. I will follow all applicable state and local laws.
• Bicycles are machines that may malfunction, and such malfunctions may cause injury. Malfunctions may occur unexpectedly even if a bicycle is maintained properly. Before riding a Green Bike bicycle, I will conduct a safety inspection of the bicycle which includes inspection and checking for the following: proper tire pressure, trueness of the wheels, safe operation of the brakes and lights, and any signs of damage, excessive wear, or other mechanical problems or maintenance needs. I will not ride the bicycle if I notice any mechanical problem or other safety issue; I will notify Green Bike of the problem and use a different bicycle.
• Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly fitted and fastened, while cycling may protect against some injury, or lessen the severity of an injury, caused by impact to the head. Bicycle helmets are not 100% effective, will not protect against all head injuries and do not protect against other injuries. Although Aruba state law does not require bicycle riders to wear helmets, Green Bike recommends that all riders wear a Snell, CPSC, ANSI, or ASTM approved helmet which has been properly sized and fitted according to the manufacturer’s instructions.
• Green Bike is not responsible for any injury or damage resulting from (a) any of the risks, hazards and dangers described above, (b) my failure to comply with my agreements herein or (c) my failure to wear a bicycle helmet while riding a Green Bike bicycle.
• I must report all accidents and injuries involving a Green Bike bicycle to competent authorities and to Customer Service at customerservice@greenbikearuba.com as soon as possible.

I understand that:

• Green Bike may make bicycles unavailable for rental in some conditions. The fact that a bicycle is available for rental does not mean that it is safe to ride the bicycle in prevailing weather or traffic conditions.
• Green Bike may require me to return a bicycle at any time.
• Green Bike does not provide, or maintain, places on which to ride bicycles. Green Bike does not guarantee that there will always be a safe place to ride a bicycle. Roads, bicycle lanes and bicycle routes may become dangerous due to weather, traffic, or other hazards.
• Green Bike is not a common carrier. Alternative means of public and private transportation are available to the general public and to me individually, including: public buses and light rail service, taxis, and pedestrian paths. Green Bike provides rental bicycles as a convenience only to persons able and qualified to operate a bicycle on their own and who have agreed to the terms of use as stated in this Agreement.
• Green Bike may provide educational opportunities or requirements regarding bicycle safety, operation, and laws. The provision of such educational opportunities or requirements shall not be construed as a waiver by Green Bike of any term in this agreement.
• Green Bike provides no warranties, express or implied, for the bicycles it makes available for rental.
• Green Bike requires that Subscribers agree to follow certain rules while using Green Bike bicycles. These rules are intended to promote the safe use of Green Bike bicycles by Green Bike Subscribers. The rules shall not be construed as a waiver by Green Bike of any term in this agreement. Subscribers are solely responsible for the safe operation of Green Bike bicycles at all times. Subscribers may need to take safety measures or precautions not specifically addressed in this Agreement.

I agree that:

• I will not ride a Green Bike bicycle while wearing or carrying anything that impedes my ability to operate the bicycle safely.
• I will not carry a second person on a Green Bike bicycle.
• I will not dismantle or modify a Green Bike bicycle in any way. (This does not apply to use of the seat-height adjustment feature on Green Bike bicycles.)
• I will not exceed the maximum weight limit for the bicycle (260 pounds) or the cargo carrier (17 pounds).
• I will not use a text messaging device, portable music player, or any other device which may distract me from safely operating a bicycle while using a Green Bike bicycle.
• I will not operate a Green Bike bicycle while under the influence of alcohol, drugs or any other substance that could impair my ability to operate a bicycle.
• I will not use a Green Bike bicycle in weather conditions, including but not limited to rain, snow, extreme heat, or electrical storms, which make it more dangerous to operate a bicycle.
• I will not use a Green Bike bicycle for racing, riding off road, or any other use besides operation on public roads and designated bicycle routes.
• I will not allow others to use a Green Bike bicycle that I check out. I understand that when I check out a Green Bike bicycle, it is to be used by me, and by me only.
• Green Bike is not responsible for any liability or damages arising from my violation of these agreements

Green Bike shall not be responsible or liable for any negligence or misconduct in connection with my use of a Green Bike bicycle. Except as specifically stated otherwise, I release Green Bike from all claims that I may have against Green Bike and its affiliates arising from my use of Green Bike bicycles. This release does not apply to willful, wanton recklessness, or intentional acts of Green Bike.

I agree to indemnify, defend and hold harmless Green Bike and any affiliates from and against any legal action or other claim or damage arising from my use of a Green Bike bicycle, including those arising from my own negligence or intentional conduct.

Any controversy or claim arising out of this contract or breach thereof shall be settled by binding arbitration in Aruba.

I have read the above terms carefully. I understand that this is an important legal document. I am entering this agreement of my own free will. I am at least 18 years old and have the right to contract in my own name. I understand that the above terms apply to all my future use of Green Bike bicycles, and I agree to all of the above terms. I acknowledge that Green Bike has never expressly or impliedly assumed any responsibility for me or my actions in connection with my use of Green Bike bicycles.

Member agreement to bicycle user agreement

I certify that I am the Member, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Agreement.