Italy (EN)

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PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS AND CONDITIONS FOR THE USE OF VEHICLES (as defined below).

In consideration of your use of the Services (defined below) provided by the Operator (defined below), the Operator requires that you (the “Driver“, “You” or “Your“) agree to all the terms and conditions of this Vehicle Rental Agreement (“Agreement“).

For the purposes of this Agreement, Operator means Bird Rides Italy S.r.l..

The services provided by the Operator include, but are not limited to, (1) the rental and/or use of the electric vehicles it operates (owned or leased) (“Vehicle” or “Vehicles“), and (2) all other equipment, support, services and information provided or made available by the Operator (collectively, the “Services“).

In addition, your use of the Services may require the use of a mobile application (“App“) developed and owned by a technology service provider (the “Technology Service Provider“). The App is subject to the Technology Service Provider’s Terms of Service, which you expressly agreed to when you signed up for the App. You further acknowledge and agree that all personal information held by the Technology Service Provider and owned by you, including all names, addresses, telephone numbers, email addresses, passwords, payment information and other information (“Personal Information”) will be retained by the Technology Service Provider in accordance with its Privacy Policy.

In relation to Personal Information processed by the Operator or its affiliates in connection with the use of the Services and/or the use of any App, please refer to the Privacy Policy of the Operator and its affiliates located here: http://bird.co/privacy.

Below is a partial list of some terms that the Operator intends to bring to your initial attention, if you browse on a smartphone or other device equipped with a small screen. Capitalized terms shall have the meanings assigned to them as defined in this Agreement.

  • The Vehicle must be locked at the end of the journey. If the Vehicle is not blocked and the journey is not terminated, the ride will continue and you will continue to receive charges until the end of the ride on the App. The maximum fare for a single trip in such circumstances is EUR 100 per 24 hours. For more details, please refer to Section 2.3 below.
  • At the end of the race, the Vehicle must not be parked in a prohibited parking lot, in an area not allowed by virtue of laws, regulations and provisions of the Authorities, or in places prohibited by law. By way of example and not limited to, in unauthorized private property, in a blocked area or in other unapproved non-public spaces. It is mandatory to upload a photo of the Vehicle properly parked at the end of each rider, as requested in the App.
  • You must comply with all applicable laws and regulations (including, but not limited to, those applicable to traffic, pedestrians, parking, electric vehicles and their charging), including the laws on the mandatory use of helmets in your area and when you are not 18 years of age or older.
  • Damaged or malfunctioning Vehicles must be reported to the Operator promptly via the App or by e-mail.

The Operator expressly agrees to rent, and the Driver expressly agrees to rent the Vehicle subject to the terms and conditions set forth herein. Unless otherwise stated, all monetary values set out in this Agreement shall be deemed to be denominated in Euro.

  1. GENERAL RENTAL AND USE OF THE VEHICLE.

1.1 The Driver is the sole User. The Operator and the Driver are the only parties to this Agreement. The Driver is the sole renter and is solely responsible for compliance with all the terms and conditions contained therein, except as set out in clause 1.18 of this Agreement. Under no circumstances will the Driver drive the Vehicle with another passenger. You acknowledge that when you activate a Vehicle from location, the Vehicle must be used solely by you. You must not allow others to use a Vehicle that you have activated from the position.

1.2 The Driver must be at least 18 years old. The Driver declares and certifies that he is 18 years of age or older.

1.2a Use of helmets. Where mandatory by law, the Driver undertakes to use a helmet as required by the applicable regulations.

1.3 The Driver must be competent and physically fit to drive the Vehicle. The Driver declares and certifies that he is familiar with the operation of the Vehicle, that he is reasonably competent and physically fit to drive the Vehicle and that he has examined the safety materials provided in the App and/or on the Operator’s website. By choosing to drive a Vehicle, the Driver assumes all responsibility and risk for any medical injury or medical condition not attributable to the Operator under the laws, regulations and terms and conditions of the Agreement. The Operator advises to adjust his driving behavior and braking distance according to weather conditions, visibility, the surrounding environment and traffic conditions, reserving the right to temporarily suspend the service if he considers there are situations that can potentially compromise his safety in case of use of vehicles.

1.4 The Vehicle is the exclusive property of the Operator The Driver agrees that the Vehicle and any Operator’s equipment connected to it, at all times, remain the exclusive property of the Operator. You must not disassemble, write on or otherwise modify, repair or alter a Vehicle, any part of a Vehicle or other Operator equipment in any way. You must not write, manually remove or otherwise modify or deface any sticker on a Vehicle in any way. The use of a Vehicle or other Operator equipment for advertising or commercial purposes is not permitted without the express written permission of the Operator.

1.5 Hours of operation and availability of the Vehicles. The Operator does not guarantee that the service will be available 24 hours a day, 7 days a week, 365 days a year. The Driver acknowledges and accepts that the number of Vehicles is limited and – consequently – the availability of the Vehicle cannot be guaranteed.

1.6 Operating Area. The Driver agrees not to use, manage and/or drive the Vehicle in any area not intended for circulation and also undertakes not to transport the Vehicle outside the permitted running areas as indicated in the App. The Driver acknowledges that the device is equipped with a system that does not allow the start and term rental outside the areas where circulation and parking is allowed, as indicated in the App. The Driver acknowledges that the areas where circulation and parking are allowed are exclusively those indicated in the App that will be updated from time to time according to the measures that will be adopted by the Municipal Administration.

1.7 The Driver must comply with the laws regarding the use and/or operation of the Vehicle. The Driver agrees to comply with all laws relating to the use, driving, parking, charging and/or operation of the Vehicle, including all state and local laws and rules and regulations relating to vehicles in the area where the Vehicle drives, including helmet laws. The Driver also agrees to act with courtesy and respect towards others while using the Services.

1.8 Prohibited Acts. The Driver accepts the following:

  • The Operator does not recommend using a Vehicle while transporting or holding a briefcase, backpack, bag or other item that may alter the balance, add additional weight or impair the safe operation of the Vehicle. The Operator advises you to make sure that the vehicle fits perfectly with your build and does not hinder your ability to use the Vehicle safely.
  • Do not place items on the handlebars of the Vehicle, such as backpacks or bags.
  • While driving a Vehicle, you must not use any mobile phone, text messaging device, portable music player or other device that could distract you from using the Vehicle safely.
  • You must not use a Vehicle under the influence of alcohol, drugs, medications or other substances that could impair your ability to use a Vehicle safely.
  • You must not carry a second person or child on a Vehicle.
  • Only locking mechanisms provided by the Operator can be used. You may not add another lock to the Vehicle or lock a Vehicle in a manner that does not comply with the Operator’s instructions.
  • The Vehicle must not be left in areas other than those where parking is allowed, indicated by the App.
  • The Vehicle must be parked in a visible space and in an upright position, using the stand.

1.9 The Vehicle is intended for limited use only. The Driver agrees that he will not use the Vehicle for races, mountain hikes, performances or stunts. The Driver agrees that he will not use the Vehicle in areas where circulation is prohibited and/or in a way that is to annoy others, nor in violation of any applicable law, ordinance or regulation.

1.10 Weight and Load Limits. Do not exceed the maximum weight limit for the Vehicle (100 kg unless otherwise indicated).

1.11 Prohibition of tampering; prohibition of unauthorized use. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Services other than as specified in this Agreement.

1.12 Reporting damage or accident; traffic violations and their execution. The Driver must report, to the Operator, as soon as possible, any accident, crash, damage, violation of traffic regulations and consequent personal injury, or the theft or loss of the Vehicle or equipment made available or provided by the Operator. If an accident results in personal injury, property damage or theft of the Vehicle or equipment made available or provided by the Operator, the Driver will submit a report to the local police department within 24 hours. The Driver acknowledges that any penalties related to violations of the highway code or improper use of the device attributable to intentional or negligent act of the Driver fall within his responsibility with consequent charge of the related costs. The Driver accepts and acknowledges that the Operator may cooperate with law enforcement agencies to provide any information necessary to identify those responsible for any wrongdoing. The Driver agrees that the Operator may, in its sole discretion, pay all fines for traffic violations, major charges, fines and/or charges on behalf of the Driver directly to the competent authority or applicable party. If the Operator is required to pay and/or process such fees or associated costs, the Driver agrees that the Operator may charge him the amount paid by the Operator, in addition to a reasonable administrative fee to address these charges; the Operator will provide notice and proof of such costs or fees.

1.13 Liability of the Driver for use and damage to the Vehicle. The Driver agrees to return to the Operator the Vehicle and/or equipment made available or provided by the Operator in the same condition in which it was rented. The Driver will not be responsible for normal wear and tear.

1.14 Electric Vehicle. The Vehicle is an electric vehicle that, in order to work, needs periodic charging of the battery. The Driver agrees to use and drive the Vehicle safely and prudently in view of the fact that the Vehicle is an Electric Vehicle and all associated limitations and requirements. The Driver acknowledges and accepts each of the following elements:

  • The remaining charge level in the Vehicle will decrease with the use of the Vehicle (both in time and distance) and, when the Vehicle’s charge level decreases, the vehicle’s speed and other operational capabilities may decrease (or cease in their entirety).
  • The rate of loss of charge during the use of the Vehicle is not guaranteed and varies according to the Vehicle, road conditions, weather conditions and other factors.
  • The Operator will inform the Driver of the charge level of the Vehicle and the Driver may check the charge level of the Vehicle to ensure that it is adequate before starting the operation of the Vehicle.
  • Without prejudice to the Operator’s maintenance in relation to the Vehicles, the Vehicle may exhaust its recharge and cease to operate at any time during the rental of the Vehicle by the Driver, including before reaching the destination desired by the Driver.

1.15 No charging of the Vehicle. If the Vehicle runs out of charge during a rental, the Driver will end the journey in accordance with all the terms of this Agreement.

The Driver must refrain from carrying out maintenance and/or recharging of the Vehicles. Otherwise, the Driver will be held responsible for any damage that may result from such activities.

1.16 Insurance.

AUTO INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR CAUSING DAMAGE TO THIS VEHICLE. TO DETERMINE WHETHER SUCH COVERAGE IS COVERED, CONTACT YOUR AUTO INSURANCE COMPANY OR AGENT. TO THE EXTENT THAT YOU HAVE MOTOR INSURANCE OR ANY OTHER INSURANCE COVERING ANY CLAIMS, YOU AGREE THAT SUCH INSURANCE IS PRIMARY AND NON-CONTRIBUTORY.

Notwithstanding the foregoing, the Operator has and will maintain general liability insurance in connection with the Services.

Operator’s insurance for rides on electric scooters only in Turin

The Operator has insurance coverage for electric scooter rides made in Turin that complies with or exceeds the coverage requirements of local regulations. The Operator has obtained insurance coverage for the civil liability of users of electric vehicles, providing insurance coverage for civil liability towards third parties through Allianz:

Civil liability coverage for electric vehicle users (through insurance company Allianz).

The Operator has insurance that (subject to the terms, conditions and limits contemplated therein) covers the civil liability of users of electric vehicles, including injuries or damages in the event of an accident occurring in Turin: 1) if a member of the public is involved in an accident caused by an electric vehicle user; and 2) if the accident is reported to Allianz within one year of the accident.

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In the event of an accident involving an electric vehicle user for which a claim under the aforementioned insurance may be applicable, the following notification requirements must be complied with:

  1. Incident Reporting: To report an incident and make a claim, please contact the Operator at safety@bird.co or via the App.
  2. Incidents must be reported within one year from the date of the incident
  3. This coverage may be limited or unavailable if you admit liability, enter into negotiations, or agree to pay or settle third party claims.

For more information on the terms and conditions of the Policy, please contact safety@bird.co.

1.17 Mobile Device Requirements and Active Internet Connection. Unless otherwise indicated by the Operator in writing, to activate the Services with the App, you must use a smartphone or any other (mobile) device that meets the technical requirements and is compatible with the App. Some features of the App, such as the ability to register with the Technology Service Provider, to unlock, rent and terminate the rental of the Vehicle require the App to have an active network connection. You are responsible for the availability and costs of your mobile data communication services. The Operator and/or the Technology Service Provider shall not be liable if you are unable to unlock, use or block and terminate driving the Vehicle as a result of an interrupted or lost network connection, the malfunction of the mobile device or the exhaustion of the battery of the device used by you to use the rental service offered by the Operator. You will remain responsible for all costs (including rental fees) incurred until the end of the ride and the Operator may charge you for all costs incurred until the end of the ride.

1.18 Group Rides. The Operator and/or Technology Service Provider may allow the Driver to activate and rent multiple Vehicles for the Driver and for guest drivers (“Guests”). In the event that the Operator offers the option of group rides, the maximum possible number of Vehicles to be rented for group rides and the rates applicable to such rides will be communicated to the Driver through the App prior to rental. It is not allowed to use the option of group rides with persons, or, in any case, to allow the use of the Vehicle to persons not known to the Driver, or not authorized to drive the Vehicle under this Agreement. The Operator reserves the right to require Guests to provide their valid e-mail address before starting a group ride. The Driver is responsible for ensuring that each Guest provides a valid e-mail address. With reference to the Vehicles covered by the group ride, the Driver is responsible for ensuring that the provisions of this Agreement are respected by each Guest. The Driver is responsible for any breach of this Agreement caused by the Guests as if it were caused by the Driver. In the event of damage to the Vehicles subject to the group race or accidents during the group race, the Driver is obliged to provide the Operator with all the information necessary to determine the identity of the guest concerned.

  1. PAYMENT AND COMMISSIONS.

2.1 Fees. The Driver may use the Vehicle in accordance with the prices described in the App, which may include a start-up fee and a fee for each minute started. The Operator will charge the Driver the amount of the fees as described in this Agreement by credit card or debit card or other payment service owned by the Driver as indicated by the Driver through the App).

2.2 References and/or promotional codes.

The Operator may, in its sole discretion, create reference and/or promotional codes (“Promotional Codes“) that may be used for discounts or credits on the Services or other features or benefits provided by the Operator, except for any additional terms that the Operator sets. You acknowledge that Promotional Codes: (i) must be used for the intended public and purpose and in a lawful manner; (ii) may not be duplicated, sold or transferred in any way, unless expressly permitted by the Operator; (iii) may be disabled by the Operator at any time and for any reason without liability to the Operator; (iv) may only be used in accordance with the specific terms that the Operator sets for such Promotional Code (and, to the extent applicable, the Technology Service Provider); (v) may not be used as legal tender; (vi) may be subject to quantity or value limits; and (vii) may expire before your use. The Operator reserves the right to withhold or limit your use of the Promotional Codes in the event that the Operator determines that the use of the Promotional Code is for fraudulent, illegal purposes or otherwise in violation of this Agreement or the specific terms applicable to such Promotional Codes.

2.3 Maximum rental time and costs. The maximum daily fee is 100 EUR calculated over twenty-four hours per day. The rental time will be calculated from the moment the Vehicle is unlocked via the App and ends when the Driver receives confirmation via the App that the journey has been concluded. If you lock or stop the Vehicle incorrectly, this may result in the non-termination of the Ride. If the Vehicle is not blocked and the journey is not terminated, the journey will continue and the Driver will continue to receive charges. In case of technical problems that result in the termination of a trip for any reason, it is necessary to immediately report it to the Operator through the App. Failure to report a problem when finishing a ride may result in ongoing charges.

Vehicles not returned (i.e. blocked and with the journey completed) within 48 hours will be considered lost or stolen and may be charged to the Driver up to the value of the Vehicle plus administrative and management costs. The Operator may also charge additional service charges for rentals longer than 24 hours, where the Vehicle is not lost or stolen.

2.4 Valid Payment Method. The Driver must provide the Operator with a credit or debit card or prepaid card number, validity date, and other information necessary to register the payment method (“Payment Methods“). The Driver declares and guarantees to the Operator that the Driver is authorized to use and is the holder of the Payment Method. By providing the Payment Method, you agree that the Operator is authorized (through the Technology Service Provider and/or any other electronic payment service provider that may be contracted) to charge the cost of your trip and any other expenses incurred by the Driver, including all applicable government and regulatory charges and value added taxes (VAT) and other applicable taxes under this Agreement.

When you provide a Payment Method or in accordance with the Operator’s policies, our system will attempt to verify the information you enter. We do this by processing a pre-authorization, as per standard practice. We do not charge any fees in connection with this pre-authorization. We reserve the right to retry invoicing with all Payment Methods on file after any failed billing attempt. You will remain responsible for all amounts and costs incurred in connection with the collection of such amounts, including, but not limited to, bank overdraft fees, agency fees for collection.

The Driver agrees that the Operator may, in its sole discretion, pay all fines for traffic violations, major charges, fines and/or charges on behalf of the Driver directly to the competent authority or applicable party. If the Operator is required to pay and/or process such fees or associated costs, the Driver agrees that the Operator may charge him the amount paid by the Operator, in addition to a reasonable administrative fee to address these charges; the Operator will provide notice and proof of such costs or fees.

In the event that the Operator uses a collection agent and/or a third party administrative agent to settle any fines, damages, violations of law or this Agreement, fines and/or penalties, the Driver agrees to pay all costs and collection fees, including, but not limited to, administrative and legal fees to such agent upon request without dispute.

If the Driver disputes any charge to his or her payment method, he/she must contact the Operator within 10 working days of the end of the month with the disputed charge and provide the Operator with all the information about the ride necessary to identify the disputed charge, such as the date of the ride and the approximate start and end times of the ride associated with the disputed charge. The Driver agrees to immediately inform the Operator of all changes relating to the payment method.

2.5 Collection Fees. If you are unable to return a Vehicle to a valid parking area marked through the App, (e.g., you deactivate the Vehicle in a private property, a blocked community or other unreachable area) and request that the Vehicle be picked up by the Operator’s staff, the Operator, in its sole discretion, may charge you a collection fee. If a Vehicle accessed through your account is abandoned without notice, you will be responsible for all travel expenses until the Vehicle is recovered and deactivated, plus a service charge to recover the Vehicle.

  • ADDITIONAL TERMS OF USE.

3.1 Security Check. Prior to each use of a Vehicle, the Operator and/or Technology Service Provider invites the Driver to carry out a basic inspection of the safety of the Vehicle, which includes inspecting the following: (i) wheel wear; (ii) operation of the brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge for transport; and (iv) any signs of damage, unusual or excessive wear, or other mechanical/maintenance problem, in place and evident. The Driver agrees not to drive the Vehicle in case of obvious problems and to immediately inform customer support to notify the Operator or Technology Service Provider of any problems.

3.2 Lost or stolen vehicle. A Vehicle (or equipment made available or provided by the Operator) may be considered lost or stolen if (a) the Vehicle or equipment provided is not returned within 24 consecutive hours, (b) the GPS unit of the Vehicle is disabled, (c) the Vehicle is parked in an unauthorized private property, in a locked area or in any other non-public space for more than ten minutes after a ride, (d) the Vehicle moves more than nine meters after the conclusion of the rental and the Operator considers that such movement was not caused by another Driver or authorized third parties, or (e) other facts and circumstances that suggest in good faith to the Operator, based on its reasonable determination, that a Vehicle has been lost or stolen. If the Operator considers that the Vehicle or equipment supplied has been lost or stolen, the Operator shall have the right to take the actions provided for by law, including – where the conditions are met – actions for damages. The Driver agrees to report immediately or as soon as possible the disappearance or theft of the Vehicle or the equipment provided to the Operator.

3.3 Helmets; Security. The Operator advises all Drivers to wear, where prescribed by law, approved helmets (e.g. Snell, CPSC, ANSI or ASTM), adapted and fixed according to the manufacturer’s instructions. The Operator will not be liable for any damage resulting from improper use or non-use of the helmet where mandatory. In case of failure or improper use of the helmet, where mandatory, the use of the Vehicle is the responsibility of the Driver.

3.4 Liability of the Operator. The Operator does not provide places and routes for the use of Vehicles and does not guarantee that the User will always have a safe place or route for his journey to the desired destination. For all other aspects, the Operator is liable in accordance with the provisions of the law for damages caused by the operator or his agents or assistants by willful misconduct or gross negligence. For slight negligence, the Operator is liable only in case of breach of an essential contractual obligation and the amount is limited to the typical and foreseeable damages of the contract. Essential contractual obligations are those that make proper performance of the contract possible and on the observance of which the user can regularly rely. This regulation also applies to the legal representatives and auxiliary agents of the Operator.The Provider of The Technology Services is not responsible for the Services offered under this Agreement. The Limitations of Liability of the Operator do not apply within the scope of the guarantees provided, in the event of culpable injury to life, body or health or for claims arising from the law.

3.5 Unilateral termination. Each party may terminate the use of the Services at any time.

3.6 Sanctions system, suspension and termination of the contract.

3.6.1 Verification of compliance with the conditions of use. The Operator reserves the right to verify, including by examining the end-of-rental photos uploaded by the Driver, compliance with the obligations set forth in this Agreement, the Terms of Service, current legislation and the provisions of the competent local authorities, with particular reference to the rules regarding parking, circulation and use of the Vehicles.

3.6.2 Violations. For the purposes of this article, any failure to comply with the obligations set forth in this Agreement, the Terms of Service, and any regulations applicable to the rental and use of the Vehicles, including the provisions of Legislative Decree 30 April 1992, no. 285 (Highway Code) and subsequent amendments, and municipal ordinances regarding micromobility, constitutes a violation.

3.6.3 Sanctioning procedure and adversarial proceedings. In the event of a detected violation, the Operator will communicate to the Driver, via email and, if the account is still active, via notification in the App, the following information: (i) a description of the contested violation; (ii) the sanctioning measure that the Operator intends to apply or has applied as a precautionary measure; (iii) the deadline within which the Driver can submit his/her observations.

The Driver will have 10 (ten) days from receipt of the communication to submit his/her written observations via email to the address indicated in the communication or through the Operator’s customer support channels.

The Operator will communicate its decision to the Driver via email within 15 (fifteen) days of receiving the comments.

The Operator will examine the comments received and, if deemed valid, will dismiss the complaint. Otherwise, it will adopt the measures required for the contested violation, as set forth in sections 3.6.4 and 3.6.5 below.

In the event of immediate precautionary suspension pursuant to point 3.6.5, the account suspension will remain in effect until the final decision is made.

3.6.4 Graduated sanctioning system In the event of a violation ascertained pursuant to point 3.6.2, the Operator will apply the following graduated sanction system:

(a) First Violation – Warning: The warning does not have any consequences on the Driver’s account.

(b) Second violation – Suspension for 7 days: In the event of a further violation, the Operator will notify the Driver of the suspension of the account for a period of 7 (seven) days, with at least 24 hours’ notice.

(c) Third violation – Suspension for one year: In the event of a further violation, the Operator will notify the Driver of the suspension of the account for a period of 1 (one) year, with at least 24 hours’ notice.

Violations are calculated on a rolling basis of 12 (twelve) months. After a period of 12 months without further violations, the count is reset.

3.6.5 Precautionary suspension for particularly serious violations

If the Operator deems a violation to be particularly serious, it will communicate the reasons to the Driver, simultaneously ordering the immediate precautionary suspension of the Driver’s account until a final decision is made.

Following the adversarial procedure referred to in point 3.6.3, if the Operator deems the violation confirmed, it may order the termination of this Agreement and the consequent permanent deactivation of the account.

3.6.6 Charging of administrative sanctions. Any fines, penalties, or penalties imposed by the competent local authorities in connection with the Driver’s use of the Vehicle—including penalties for violations of the Highway Code, municipal ordinances, and micromobility regulations—will be charged to the Driver. If the Operator arranges for direct payment of such penalties, the Driver will be required to reimburse the amount paid, plus a reasonable administrative fee, subject to notification and documentation of the related costs pursuant to Section 1.12 of this Agreement.

3.6.7 Operator’s right of withdrawal. Without prejudice to the foregoing provisions, the Operator may at any time communicate its decision to deactivate the Driver’s account, with 30 (thirty) days’ notice, without providing a reason. This right is exercised in compliance with the principle of non-discrimination set forth in section 3.6.8. The notice period begins on the date the email notification is sent. During the notice period, the Driver retains the right to use the Services.

3.6.8 Non-discrimination. The verification procedures and disciplinary measures provided for in this article, including the right of termination referred to in point 3.6.7, apply uniformly to all Drivers, regardless of their participation in promotional programs, passes, agreements with public bodies or third parties, or any other circumstance unrelated to the Driver’s conduct. Ownership of a Pass or promotional code does not, under any circumstances, constitute a parameter or factor in decisions to verify, suspend, or deactivate an account.

3.6.9 Additional sanctions. Without prejudice to the foregoing, the Operator also reserves the right to apply, in individual cities in which it operates, where required by the competent local authorities, a system of penalties in addition to that provided for in this article.

3.7 Confidentiality of information; Privacy Policy. We inform you that all personal information stored by the Operator and concerning the Drivers, including all names, addresses, telephone numbers, e-mail addresses, passwords, payment information and other information will be kept by the Operator in accordance with current Italian and European regulations on the processing of personal data and with the privacy policy available at http://www.bird.co/privacy/. Your personal information will be processed by the Operator and will be controlled by the Technology Service Provider, as set out in the Operator’s Privacy Policy.

3.8 Notifications. The Operator can be contacted by sending an e-mail to the address ciao@bird.co by post to the address Via Alfredo Campanini 12, 20124 Milan.

3.9 Call center and customer care service: for the entire duration of the service a call center service and customer assistance will be guaranteed that will always allow users to talk to an operator. The call center service will be available in English and Italian and can be contacted through the following methods: i) telephone number, with a maximum cost of the call equal to the rate for calls to the fixed number of the telephone operator used by the user; ii) the App; iii) the Operator’s email (ciao@bird.co).

3.10 Initial Dispute Resolution. Driver Support is available through the App to answer any concerns regarding the use of a Vehicle and/or this Agreement. The parties will make their best efforts through this support procedure to resolve any dispute, claim, demand or litigation and initiate negotiations in good faith.

3.11 Waiver and Salvation Clause. No waiver of action for any breach of any provision of this Agreement shall constitute a waiver of action for any other breach or provision of this Agreement. The provisions of this Agreement are independent and separable from each other and no provision shall be affected or rendered void or unenforceable by virtue of the fact that, for any reason, any other provision or provisions may be invalid or unenforceable in whole or in part.

3.12 Cumulative Remedies. All rights and remedies granted under or set forth in this Agreement are cumulative and non-exclusive, and your use of one does not preclude the availability or enforceability of another or any other right or remedy provided by law.

3.13 Final Agreement; Modification by the Operator. This Agreement constitutes the complete and exclusive final agreement reached mutually between the parties regarding its content. This Agreement supersedes and derogates from all prior agreements and understandings, whether written or oral, relating to such matter.

3.14 Interpretation of the Agreement. The titles of this Agreement shall not affect its interpretation. “O” should not be interpreted exclusively. “Included” means “including, but not limited to. Unless otherwise in context, words in the singular include the plural and those in the plural include the singular. All pronouns include the pronominal, masculine, feminine and neutral forms.

3.15 Voluntary Execution of this Agreement. This Agreement is entered into voluntarily, taking into account, and without any undue compulsion or influence on the part of or on behalf of the Operator. The Driver acknowledges that (a) he has read this Agreement; (b) understand the terms and consequences of this Agreement, including the versions it contains; and (c) you are fully aware of the legal and binding effect of this Agreement.

ACCEPTANCE OF THE AGREEMENT BY THE DRIVER

I expressly certify that I have read, understood, and accepted the terms and conditions of this Agreement. I also declare that I am familiar with the operation of the Vehicle and that I am reasonably competent and physically fit to drive the Vehicle. I further declare that (i) I am 18 years of age or older; (ii) I will use a helmet where required by law; (iii) I will not drive the Vehicle with another passenger; (iv) I will comply with all traffic laws concerning the circulation of the scooter and the provisions of the Italian Traffic Code.

Pursuant to and for the purposes of Articles. 1341-1342 et seq. C.c. as well as articles 33-34-35-36 of Legislative Decree 206/2005, I declare that I have read and understood and therefore expressly approve the following articles:

1.12 Reporting damage or accident; traffic violations and their execution; 1.13 Liability of the Driver for use and damage to the Vehicle; 1.17 Mobile device requirements and active Internet connection; 1.18 Group Races; 2.2 References and/or promotional codes; 2.3 Maximum rental time and costs; 2.4 Valid payment method; 2.5 Collection fees; 3.2 Lost or stolen vehicle; 3.4 Responsibility of the Operator; 3.5 Unilateral termination; 3.6 Sanctions system, suspension and termination of the contract (including sub-sections from 3.6.1 to 3.6.9); 3.10 Initial resolution of disputes; 3.11 Waiver and Salvation Clause; 3.12 Cumulative Remedies; 3.13 Final Agreement and Modification by the Operator.