Official English version
BIMBA RIDER AGREEMENT AND LIABILITY WAIVER AND RELEASE
3-102-968605 S.R.L. (3-102-968605 S.R.L.) — Micromobility E-Bike and E-Scooter Rental Services
This Rider Agreement and Liability Waiver and Release (the “Agreement”) is entered into between 3-102-968605 S.R.L., a company organized and existing under the laws of Costa Rica (“Bimba”, “we,” “us,” or “our”), and the person renting, unlocking, or using any electric bicycle, electric scooter, or related equipment made available through Bimba’s service (“you”, “rider,” or “User”). By renting, unlocking, or using an electric bicycle, electric scooter, or related equipment (each, an “e-bike” or “equipment”), you agree to all terms and conditions in this Agreement. This Agreement is designed to protect Bimba and the other Protected Parties (defined below) from liability to the maximum extent permitted by Costa Rican law. If you do not agree, you must not use our services.
1. Acceptance of Agreement
By renting and operating a Bimba e-bike, you acknowledge that you have read, understood, and agreed to all terms in this Agreement, and that this is a binding legal contract. Acceptance through a mobile application, website, QR code, electronic signature, or the equipment-unlocking process constitutes binding acceptance, whether or not a physical signature is also collected below. If you have any questions or do not agree with these terms, do not use or ride Bimba's e-bikes.
2. Definitions
Main Road: the primary paved road or roads designated by Bimba as authorized for riding in the applicable service area, which is the only area authorized for riding Bimba e-bikes under this Agreement.
Rental Period: the time from when the e-bike is unlocked by you until it is properly locked and secured at a Bimba-designated station or location as instructed.
E-bike: an electric bicycle, electric scooter, or related equipment provided by Bimba for rental purposes. The equipment remains the property of Bimba Eco Bike S.R.L. at all times, as described in Section 8.
Protected Parties: 3-102-968605 S.R.L., Bimba Eco Bike S.R.L., and their respective shareholders, directors, officers, managers, employees, contractors, suppliers, investors, affiliates, successors, and assigns, collectively.
3. Eligibility
To use Bimba's e-bike services, you represent and warrant that you:
Are at least 18 years old and have a valid government-issued ID to verify your age.
Have the physical and mental ability to safely operate the e-bike, are not impaired by alcohol, drugs, or medication, and have sufficient vision and balance for safe riding.
Are familiar with local traffic laws and regulations in Costa Rica applicable to bicycles and e-bikes, and agree to comply with all such laws while using the equipment.
Will only use the e-bike for personal transportation and not for commercial purposes, racing, or stunts (see Restricted Activities in Section 5).
If you do not meet these criteria, you must not use the e-bike. You are solely responsible for truthfully confirming your eligibility. Bimba may refuse access or suspend your account if you do not meet these requirements.
4. Assumption of Risk
Acknowledgment of Inherent Risks: You voluntarily assume all risks associated with the use of an e-bike, including falls, collisions, road hazards, weather conditions, animals, vehicles, pedestrians, battery failures, other mechanical failures, inadequate infrastructure, theft, property damage, serious injury, or death. Even wearing a helmet and protective gear (which Bimba strongly recommends) does not eliminate the risk of serious injury if an accident occurs. By choosing to ride, you voluntarily assume all such risks, including the risk of your own negligence or the negligence of others, to the fullest extent permitted by Costa Rican law.
Equipment Condition: You acknowledge that the e-bike is a machine that may malfunction or break, even if properly maintained. Brake failure, electrical failure, flat tires, or other mechanical issues may occur without warning. Bimba does not guarantee that the equipment is free of defects or that it will operate without interruption or error. You use the e-bike at your own risk and assume full responsibility for any injury, loss, or damage arising from a malfunction or other risk of riding.
Personal Responsibility: It is your responsibility to determine whether riding conditions (traffic, terrain, and weather) are safe, and to choose a safe speed and riding manner appropriate to those conditions and your abilities. You confirm being physically fit to ride and agree to inspect the equipment before use, in accordance with Section 6. If at any time you feel unsafe or notice a mechanical issue, you will stop riding immediately and contact Bimba.
Helmet Use: Bimba strongly encourages you to wear a helmet meeting applicable safety standards and any other protective gear. Failure to wear a helmet increases your risk of injury and is done at your own risk. Bimba does not provide helmets and is not liable for any injuries suffered as a result of your choice not to wear one.
5. Rental and Use of the E-bike
Rental Period: Each rental is a temporary lease of the e-bike. The Rental Period begins when you unlock the e-bike and ends only when you have properly returned and locked it at a Bimba-approved station or locking point. If the e-bike is not properly locked or is left in an unauthorized location, the Rental Period continues and you may incur further charges or penalties. You agree not to leave the e-bike unattended during your rental; if you do so and it is stolen or damaged, you are responsible for the resulting charges described in Section 7.
Authorized Use — Rider Commitments. When operating a Bimba e-bike, you agree to the following:
Operate Safely and Obey Laws: operate the equipment in a safe, cautious, and respectful manner, obeying all traffic laws, regulations, signs, signals, and markings as if driving a vehicle, and complying with all applicable company instructions.
Permitted Riding Area: ride only on the Main Road; riding on side streets, sidewalks, unpaved paths, off-road trails, beaches, or any area other than the Main Road is strictly prohibited.
Designated Parking: end your ride by returning and properly locking the e-bike at a Bimba-designated station or location.
Single Rider Only: each e-bike is intended for one rider; carrying any passenger, including children, is prohibited.
Weight and Cargo Limit: do not exceed the equipment's weight limit or cargo capacity, and do not tow or pull objects or other vehicles.
No Impairment: do not ride under the influence of alcohol, drugs, medication, or any substance that could impair safe operation.
No Distracted Riding: do not use a mobile phone, headphones, or any device in a manner that distracts you from safe operation; keep both hands on the handlebars whenever the equipment is in motion.
Respect Riding Conditions: avoid riding in hazardous weather or low-visibility conditions, through deep water, or on excessively steep terrain.
No Unauthorized Modifications: do not modify, repair, or tamper with the equipment, including its components, identification numbers, GPS units, or software.
General Conduct: ride courteously; do not perform tricks, jumps, wheelies, or stunt riding, use the equipment for racing, or engage in unlawful activity while riding.
Restricted Activities (Prohibited Uses). You must NOT:
Leave the permitted Main Road area, including riding onto beaches, unpaved roads, trails, or hilly/off-road areas.
Carry a passenger or overload the e-bike with objects or towed items.
Operate the equipment while impaired or distracted, as described above.
Ride in violation of applicable traffic laws or regulations.
Use the equipment for stunts, racing, mountain biking, or other uses for which it is not designed.
Ride in dangerous weather conditions such as heavy rain, storms, flooding, or mudslides.
Tamper with, disable, or destroy the equipment or any of its safety features.
Use the equipment for commercial purposes or sublet or re-lend it to another person without Bimba's express written permission.
Violation of any Authorized Use or Restricted Activities rule may result in immediate termination of your rental and/or account, and you may be liable for any resulting damage or loss, without prejudice to the release, indemnification, and limitation-of-liability provisions of Sections 8 and 11.
6. Inspection and Maintenance
Pre-Ride Inspection: Before each ride, you are responsible for inspecting the e-bike, including battery level, tires, brakes, lights, and general frame condition. You shall immediately discontinue use upon discovering any defect and must notify Bimba immediately. Riding equipment that you know, or should know, is damaged or malfunctioning is strictly prohibited.
No Repair by Rider: You are not permitted to repair or attempt to fix any e-bike. If it malfunctions or needs maintenance during your ride, stop using it and contact Bimba.
Bimba's Maintenance Responsibilities: Bimba is responsible for the routine maintenance and upkeep of its equipment, but does not guarantee that every defect will be caught. You acknowledge that an e-bike may have undetected issues despite Bimba's maintenance efforts, and you agree to promptly report any damage, accident, or defect you become aware of.
7. Fees and Charges
You agree to pay the rental fees shown in the Bimba app or communicated at the start of your ride, including any applicable base unlock fee and time-based charges, plus applicable taxes. By starting a ride, you consent to the fee rates and charges incurred during your Rental Period. In addition, and as permitted by law, Bimba may charge your payment method for:
Damage to the E-bike: the cost of repair for damage beyond normal wear and tear, up to the full replacement value in cases of abuse, vandalism, or gross negligence on your part.
Lost, Stolen, or Unreturned Equipment: the full replacement cost, or an equivalent lost-equipment fee, if the e-bike is not properly returned and locked, or is stolen while left unattended during your Rental Period.
Late Return or Improper Parking: a retrieval fee or extended rental charge if you fail to properly end your rental or leave the equipment outside an authorized area.
Cleaning: a reasonable fee if the equipment is returned in an extremely dirty or unsanitary condition beyond normal use.
Vandalism or Tampering: the full cost of repair or replacement if the equipment is vandalized or tampered with while in your possession.
Bimba will provide a receipt or explanation for any additional charges, which are agreed costs under this Agreement rather than fines. By using the service, you authorize Bimba to charge these amounts to your payment method on file; if such payment method cannot be charged, you agree to pay upon demand, and unpaid charges may be referred to collection, together with reasonable collection and legal costs to the extent permitted by law. Bimba may place a temporary hold on your payment method at the start of a ride to cover anticipated charges.
8. Corporate Structure; Rider's Liability and Bimba's Limited Liability
Corporate Structure. You expressly acknowledge that Bimba Eco Bike S.R.L. acts solely as the owner of certain business assets, including the e-bikes and related equipment, and does not directly operate the rental activities conducted by 3-102-968605 S.R.L. To the fullest extent permitted by Costa Rican law, you shall not assert any claim against Bimba Eco Bike S.R.L. arising from the operational activities connected with the rental services, and no personal claim shall be brought against any shareholder, director, officer, manager, employee, contractor, or representative of 3-102-968605 S.R.L. or Bimba Eco Bike S.R.L. for liabilities arising from your use of the equipment, except where such limitation is prohibited by law.
Your Responsibility for Injuries and Damages. You are solely responsible for any injuries, losses, or damages you cause to yourself, to others, or to property arising from your use of the e-bike, including any fines, penalties, citations, property damage, theft-related losses, unauthorized use, or excessive wear or damage caused to the equipment. Bimba has no responsibility for any third-party claim resulting from your actions during your ride, and you agree to defend, indemnify, and hold harmless the Protected Parties from any such claims, as detailed in the indemnification provisions of this Section and Section 11.
Bimba's Disclaimers. To the maximum extent permitted by Costa Rican law, the Protected Parties disclaim all liability for any injury, damage, or loss you may suffer arising from the use of the equipment or the service, including liability arising from the Protected Parties' own ordinary negligence. You ride at your own risk. The equipment is provided AS IS and AS AVAILABLE, without warranties of availability, suitability, merchantability, fitness for a particular purpose, or uninterrupted operation. Bimba does not provide insurance for riders or third parties, and you are not covered by any Bimba insurance policy while using the equipment; it is your responsibility to obtain your own coverage if desired. The Protected Parties shall not be liable for indirect, incidental, consequential, punitive, or loss-of-profit damages.
Limitation of Liability. If, despite the waivers and disclaimers in this Agreement, a Protected Party is found legally liable to you for any reason, you agree that the maximum amount of damages recoverable shall be limited to the direct rental fees you paid for the e-bike involved in the incident (or an equivalent one-day rental fee if the claim does not relate to a specific ride), whether the claim is based in contract, tort, strict liability, or any other legal theory, excluding indirect or punitive damages, to the fullest extent permitted by law.
Indemnification. You agree to defend, indemnify, and hold harmless the Protected Parties from and against any and all third-party claims, demands, losses, liabilities, damages, injuries, costs, or expenses, including reasonable legal fees, arising out of or related to your conduct, misuse of the equipment, violation of law, violation of this Agreement, or injury caused to others, including claims by governmental authorities for fines or penalties caused by your actions. This indemnity applies even where a Protected Party is partially negligent, to the fullest extent permitted by law, but does not apply to the extent a claim is caused by a Protected Party's gross negligence or willful misconduct, which by law cannot always be indemnified or waived. Bimba may, at its option and expense, assume control of the defense of any indemnified claim, in which case you agree to cooperate fully and not settle any such claim without Bimba's prior written consent. This indemnification obligation survives the termination of this Agreement and your use of the equipment.
9. Force Majeure
Bimba is not responsible for any failure or delay in providing services or fulfilling any obligation under this Agreement caused by events beyond Bimba's reasonable control, including natural disasters, severe weather, fire, acts of government or authorities, civil disturbances, acts of terrorism or war, strikes or labor disputes, power outages, or technical or telecommunications failures. Bimba's obligations are suspended for the duration of such an event, and Bimba will make reasonable efforts to inform users and resume service. If a Force Majeure event substantially frustrates the purpose of this Agreement, Bimba may, at its discretion, terminate affected rentals and provide refunds or credits for unused rental time.
10. Release and Waiver of Claims
General Release. By using a Bimba e-bike, you release and forever discharge the Protected Parties, to the fullest extent permitted by Costa Rican law, from any and all claims, demands, causes of action, losses, liabilities, costs, or expenses that you have or may have in the future, arising out of or relating to the rental, unlocking, possession, operation, or use of the equipment, including claims for personal injury, death, or property damage, even if caused in whole or in part by the ordinary negligence of a Protected Party. This release is intended to be as broad and inclusive as Costa Rican law permits.
Waiver of Unknown Claims. This release extends, to the extent permitted by law, to claims you do not presently know or suspect to exist in your favor at the time of signing or accepting this Agreement, including any injury or issue discovered after your ride that arose from your use of the equipment.
Exceptions. Nothing in this Agreement releases or waives any claim that cannot be legally waived under Costa Rican law, including claims based on a Protected Party's gross negligence or willful misconduct, or any non-waivable consumer right. You also agree not to bring any claim against any municipality or governmental entity that authorizes Bimba's operations, to the extent such a claim would be directed at them for your activities.
If any provision of this Agreement is unenforceable, the remaining provisions shall remain in full force and effect, as further described in Section 15.
11. Dispute Resolution and Arbitration
Good Faith Negotiation. In the event of any dispute arising from or relating to this Agreement or your use of Bimba's services, you and Bimba shall first use best efforts to resolve the dispute informally, allowing a reasonable period, typically 30 days, before proceeding further.
Mediation. If informal negotiation fails, the parties agree, where feasible, to attempt resolution through mediation conducted in Costa Rica, with costs shared equally, excluding each party's own legal fees.
Binding Arbitration. If negotiation and mediation fail, the dispute shall be resolved by final and binding arbitration held in Costa Rica, conducted on an individual basis, under the substantive laws of Costa Rica. By agreeing to arbitration, you waive the right to file a lawsuit in court and to a jury trial, except as provided below.
Exceptions and Class Action Waiver. Claims within the jurisdiction of a small claims court may be brought there instead of arbitration, and either party may seek temporary or preliminary injunctive relief from a court for urgent matters. Any dispute resolution proceeding will be conducted only on an individual basis, and not as a class, consolidated, or representative action.
Opt-Out. You may opt out of the arbitration and class-action waiver provisions of this Section by written notice to Bimba, sent to the contact information in Section 16, within 30 days of first accepting this Agreement. If you do not opt out within that period, you will be deemed to have knowingly agreed to this Section.
This arbitration agreement survives the termination of your relationship with Bimba.
12. Privacy and Data Use
By using Bimba's services, you acknowledge that Bimba will collect personal data from you, including your name, contact and payment information, and usage data such as ride locations, times, and routes, for the purpose of operating and improving the service, and for safety, operational, and billing purposes. Bimba will handle this data in accordance with applicable Costa Rican data protection law and its Privacy Policy, and may share it with service providers, as required by law or lawful order, to protect safety or enforce Bimba's rights, or in connection with a business transaction. Bimba does not sell personal data to third-party marketers. By using the equipment, you consent to this collection, use, and the GPS-based location tracking of the equipment described in Bimba's Privacy Policy, which is incorporated into this Agreement by reference.
13. Governing Law and Jurisdiction
This Agreement, and any dispute or claim arising out of or in connection with it, is governed by the laws of Costa Rica, without regard to conflict-of-law principles. Subject to Section 11 (Dispute Resolution and Arbitration), any permissible court proceeding shall be brought exclusively in the courts of Costa Rica, and you consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum, to the extent permitted by law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement.
14. Amendments
Bimba reserves the right to amend or update this Agreement at any time. Material changes will be notified through appropriate means, which may include an in-app notification, email, or website notice, and will be effective as of the date specified in the notice. Your continued use of the service after such notice constitutes acceptance of the amended Agreement.
15. Entire Agreement; Severability; No Waiver
This Agreement constitutes the entire understanding between you and Bimba regarding the rental and use of Bimba equipment, and supersedes all prior or contemporaneous understandings on the same subject. If Bimba provides a translation of this Agreement, the English version controls in the event of any conflict. If any provision is held invalid, illegal, or unenforceable, it shall be severed or narrowed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. No failure by Bimba to enforce any part of this Agreement is a waiver of its rights, and any waiver of a breach must be in writing and signed by Bimba to be effective.
16. Contact Information
If you have any questions, concerns, or notices under this Agreement, including notices under Section 11, you may contact 3-102-968605 S.R.L. at:
Email: hello@gobimba.com
Phone (WhatsApp/Call): +506 6358-1026
By unlocking and using a Bimba e-bike, you acknowledge that you have read this Agreement in its entirety and agree to all of its terms, including the release of liability, assumption of risk, indemnification, and arbitration provisions, and that it limits your legal rights. You freely and voluntarily agree to these terms as a condition of using the service.
