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 $1.50, 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.

Helmet Responsibility Clause 

Each scooter rental includes a helmet for the client’s safety. The helmet is the client’s  responsibility for the duration of the rental. In the event that the helmet is lost, damaged,  or not returned, a fee of $100 will be charged to the client’s card on file to cover  replacement costs. By renting the scooter, the client agrees to this charge if any issues  with the helmet arise. 

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