Rider Agreement

Bimba ECO SRL Rider Agreement

This Rider Agreement (the “Agreement”) is entered into between Bimba ECO SRL (“Bimba,” “we,” “us,” or “our”), a company registered in Costa Rica, and the rider (“you,” “rider,” or “user”). By unlocking or using our electric bicycles (“e-bikes”) in Santa Teresa, Costa Rica, you agree to all terms and conditions in this Agreement. If you do not agree, you must not use our services. This Agreement is designed to fully protect Bimba from liability to the maximum extent permitted by Costa Rican law.

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. You understand this is a binding legal contract. If you have any questions or do not agree with these terms, do not use or ride our e-bikes. By unlocking an e-bike via our app or service, you electronically consent to this Agreement and all its provisions.

2. Definitions

Main Road: The primary paved road running through Santa Teresa, Costa Rica, which is the only area authorized for riding our 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 provided by Bimba ECO SRL for rental purposes. The e-bike remains the property of Bimba at all times.

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. You have no condition (medical, mental, or otherwise) that would impair your ability to ride safely (for example, you are not under the influence of alcohol or drugs, and you have sufficient vision and balance for safe riding).
Are familiar with local traffic laws and regulations in Costa Rica applicable to bicycles/e-bikes, and you agree to comply with all such laws while using the e-bike.
Will only use the e-bike for personal transportation and not for commercial purposes, racing, or stunts (see Restricted Activities below).

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 the requirements.

4. Assumption of Risk

Acknowledgment of Inherent Risks: You understand that riding an e-bike involves many obvious and non-obvious risks and hazards. These include, without limitation, the risk of accidents, collisions, falls, crashes, or loss of control; encountering road hazards (potholes, debris, vehicles, pedestrians, animals); dangerous weather or visibility conditions; and other environmental hazards. You acknowledge that injuries or death to you or others and damage to property are possible risks of using the e-bike. 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 risks associated with e-bike use, including the risk of your own negligence or the negligence of others (to the fullest extent permitted by law).

E-bike Condition: You acknowledge that the e-bike is a machine that may malfunction or break, even if it is properly maintained. Brake failure, electrical failure, flat tires, or other mechanical issues may occur without warning. Bimba does not guarantee that the e-bike is free of defects or that it will operate without interruption or errors. You agree that you use the e-bike at your own risk, and you assume full responsibility for any injury, loss, or damage arising from an e-bike malfunction or other risks of riding.

Personal Responsibility: It is your responsibility to determine whether riding conditions (including traffic, terrain, and weather) are safe to do so. You are solely responsible for choosing a safe speed and riding manner appropriate to the conditions and your abilities. You understand that Bimba does not provide training on how to ride an e-bike; by using our service, you represent that you are familiar with e-bike operation or have educated yourself on safe riding practices. You agree that you will ride carefully and defensively, being mindful of motorists, pedestrians, and road conditions. If at any time you feel unsafe or notice any mechanical issue with the e-bike, you will stop riding immediately and contact Bimba for assistance.

Helmet Use: Bimba strongly encourages you to wear a helmet that meets applicable safety standards while riding. It is your responsibility to obtain and wear a helmet 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 you suffer if you choose not to wear one. Even if you wear a helmet, you may still suffer serious injury or death in an accident. By using the e-bike, you accept this risk.

5. Rental and Use of E-bike

Rental Period: Each rental of a Bimba e-bike is a temporary lease of the e-bike. The Rental Period begins when you unlock the e-bike (via our mobile app or other authorized method) and ends only when you have properly returned and locked the e-bike at a Bimba-approved station or locking point. It is your responsibility to ensure the e-bike is securely locked and the rental is properly ended in the app. If the e-bike is not properly locked or left in an unauthorized location, the Rental Period will continue and you may continue to incur charges or penalties. You agree that you will not leave the e-bike unattended during your rental; if you do so and it is stolen or damaged, you are responsible for all resulting charges (see Section 7 on Fees and Charges).

Authorized Use – Rider Commitments: When operating a Bimba e-bike, you agree to the following rules and proper use guidelines:

Operate Safely and Obey Laws: You will operate the e-bike in a safe, cautious, and respectful manner at all times. You must obey all traffic laws, regulations, street signs, signals, and markings just as if you were driving a car. This includes riding in the correct direction on the road, stopping at stop signs/lights, yielding to pedestrians, and otherwise following the rules of the road.
Permitted Riding Area: You may only ride on the Main Road in Santa Teresa (the primary paved road). Riding on side streets, sidewalks, unpaved paths, off-road trails, beaches, or any area that is not the Main Road is strictly prohibited. You agree not to leave the Main Road or enter restricted or hazardous areas. This geographic restriction is for your safety and the safety of others.
Designated Parking: You must end your ride by returning the e-bike to a Bimba-designated station or location and properly locking it. Do not leave the e-bike in random public places or where it can obstruct traffic or pedestrians. If a designated station is not available, follow Bimba’s guidelines in the app for proper parking (if applicable).
Single Rider Only: Each e-bike is intended for one rider. You must not carry any other person (no passengers, including children) on the e-bike at any time. The e-bikes are not designed for a second rider, and doing so is dangerous and a violation of this Agreement.
Weight and Cargo Limit: You must not exceed the e-bike’s weight limit or cargo capacity. Do not carry heavy loads or objects that interfere with your ability to safely operate the e-bike. If you carry a backpack or bag, it should be secured and not impede your movement or balance. Do not tow or pull objects or other vehicles with the e-bike.
No Impairment: You must not ride under the influence of alcohol, drugs, medication, or any other substance that could impair your ability to operate the e-bike safely. Riding while intoxicated or impaired is dangerous and is strictly prohibited (and is likely unlawful as well). You agree that you are sober and alert each time you operate the e-bike.
No Distracted Riding: You must not use a mobile phone, headphones, earbuds, or any other device in a manner that distracts you from safely operating the e-bike. For example, you should not text, make phone calls, play music in both ears, or use any handheld device while riding. Both hands (or at least one hand in emergencies) should remain on the handlebars whenever the e-bike is in motion.
Respect Riding Conditions: You agree to ride only in appropriate weather and road conditions. Use your judgment to avoid riding in hazardous conditions such as heavy rain, storms, flooding, lightning, fog, or any condition where visibility or traction is compromised. Bimba recommends not riding at night or in low-visibility conditions. You must not ride through deep water or on excessively steep hills, as this can be unsafe and can damage the e-bike.
No Unauthorized Modifications: You will not attempt to modify, repair, or tamper with the e-bike or any of its systems. This includes not removing or altering any components, logos, identification numbers, GPS units, or software of the e-bike. You must not hack, jailbreak, or otherwise interfere with the e-bike’s electronic systems or the Bimba app. Any such attempts are strictly prohibited and may result in additional fees or legal action.
General Conduct: You agree to ride courteously. Do not use the e-bike in a reckless or aggressive manner. Refrain from doing “tricks,” jumps, wheelies, or stunt riding. Do not use the e-bike for racing or any form of competition. You also agree not to use the e-bike for any unlawful activities or in the commission of a crime.

Restricted Activities (Prohibited Uses): You must NOT do any of the following acts (“Restricted Activities”):

Leave Authorized Area: Do not ride or take the e-bike outside the permitted Main Road area of Santa Teresa. In particular, do not ride the e-bike onto the beach, any unpaved roads or trails, or up into hilly/off-road areas. Such usage is not allowed and can damage the e-bike and endanger you.
Carry Passengers or Excess Load: Do not carry a second person on the e-bike, and do not overload the e-bike with objects (no towing anything or carrying items that impede safe operation).
Use While Impaired or Distracted: Do not operate the e-bike if you are under the influence of any substance (alcohol, drugs, medication) that may impair you, or if you are distracted (such as using a phone, texting, or wearing headphones that limit your hearing).
Violation of Laws: Do not ride in violation of any applicable traffic laws or regulations (e.g., no running red lights or stop signs, no riding against traffic, etc.). All local traffic rules apply when you use the e-bike, and you are responsible for knowing and obeying them.
Stunts and Reckless Use: Do not use the e-bike for stunt riding, mountain biking, racing, tricks, or other uses for which it is not designed. Do not jump the e-bike or take it down stairs/steps. Such misuse can cause damage and personal injury.
Adverse Weather Use: Do not ride the e-bike in dangerous weather conditions such as heavy rain, thunderstorms, flooding, mudslides, etc. These conditions greatly increase risk of accident and damage. Bimba reserves the right to temporarily suspend service during severe weather events.
Tampering: Do not tamper with, disable, or destroy the e-bike or any of its features. For example, you must not remove safety warnings, disable lights or brakes, install any fixtures, or alter the speed capabilities of the e-bike. Any form of vandalism or unauthorized modification is strictly prohibited.
Commercial or Unapproved Uses: The e-bike is for personal transportation only. You may not use it for commercial purposes (like delivery services or carrying paying passengers) without Bimba’s express written permission. You also may not re-lend or sublet the e-bike to another person. Your right to use the e-bike is personal to you as the registered user.

Violation of any Authorized Use or Restricted Activities rules may result in immediate termination of your rental and/or your Bimba account, and you may be subject to additional fees or liability for any damage or loss caused by your misuse.

6. Inspection and Maintenance

Pre-Ride Inspection: Before each ride, you are responsible for inspecting the e-bike to ensure it is in good working order. This includes checking the battery level, tires (for proper inflation and condition), brakes (ensure they function), lights, and general frame condition. If you notice any issue (e.g., low tire pressure, malfunctioning brakes, unusual sounds, or any damage) you must notify Bimba immediately and not ride the e-bike if you believe it is unsafe. Do not assume someone else reported a problem; it is your duty to ensure the e-bike is safe for use each time. Riding an e-bike that you know (or should know) is damaged or malfunctioning is strictly prohibited.

No Repair by Rider: You are not allowed to repair or attempt to fix any e-bike yourself. If the e-bike malfunctions or needs maintenance during your ride, stop using it and contact Bimba. We will send staff or direct you on what to do. You must not try to open the battery, alter wiring, or fix flat tires yourself.

Bimba’s Maintenance Responsibilities: Bimba is responsible for regular maintenance and upkeep of the e-bikes to ensure they are in safe operating condition. We perform routine inspections, charging, and repairs. However, Bimba does not guarantee that every defect will be caught. You acknowledge that an e-bike may have undetected issues despite our maintenance efforts. You agree to promptly report any damage, accident, or product defect you become aware of during your rental. If you are in an accident or the e-bike is damaged, you must inform Bimba as soon as it is safe to do so. Continuing to use a damaged e-bike can put you at risk and may make you liable for any further damage.

7. Fees and Charges

Rental Fees: You agree to pay the rental fees for the e-bike usage as shown in the Bimba app or communicated at the start of your ride. Rental fees may include a base unlock fee and time-based charges (per minute or hour). All fees are charged in the local currency (CRC or as specified) and are subject to applicable taxes. The pricing structure is made available to you before you begin a ride. By starting a ride, you consent to the fee rates and charges incurred during your Rental Period. If you have purchased a pass or subscription, the terms of that plan will apply in accordance with our pricing details.

Additional Charges and Penalties: In addition to standard rental fees, you agree that Bimba may charge your payment method for other applicable charges in the following situations (as permitted by law):

Damage to the E-bike: If the e-bike is damaged during your rental beyond normal wear and tear, you are responsible for the costs of repair. This includes damage due to accidents, falls, or misuse of the e-bike. Bimba will assess the damage and determine the repair cost, and you authorize us to charge that amount to your payment method. If the damage is caused by abuse, vandalism, or gross negligence on your part (e.g., you crashed the e-bike while performing stunts or you left it in the path of oncoming traffic), you may be held responsible for up to the full replacement value of the e-bike. Minor scratches or scuffs from normal use will not typically result in a charge, but significant damage affecting functionality or safety will.
Lost, Stolen, or Unreturned E-bike: If you fail to return and lock the e-bike at the end of your ride and the e-bike goes missing, or if you leave the e-bike unattended and it is stolen during your Rental Period, you will be responsible for the full cost of the e-bike (replacement cost) or an equivalent lost bike fee, at Bimba’s discretion. This fee can be several hundred dollars (or the equivalent in local currency), reflecting the value of the e-bike. We may also file a police report for stolen property. To avoid such charges, never leave the e-bike unlocked or outside a designated area during or after your ride. Ensure your ride is properly ended in the app.
Late Return / Improper Parking: If you do not end your rental properly (for instance, not locking the e-bike at a designated station) and this causes a delay in availability or requires Bimba staff to retrieve the e-bike, you may be charged a retrieval fee or extended rental fees. For example, if you leave the e-bike outside the allowed area or fail to lock it and walk away, we may charge an administrative or re-location fee (penalty) up to an amount permitted by law to cover the cost of retrieving the e-bike.
Cleaning Fee: If you return an e-bike in an extremely dirty or unsanitary condition beyond normal use, Bimba reserves the right to charge a reasonable cleaning fee. (This typically applies only if a bike is deliberately soiled or affected by misuse).
Vandalism or Tampering: If the e-bike is vandalized or tampered with while under your possession (for example, you or someone else deliberately damages the bike, cuts wires, removes parts), you will be responsible for the full cost of repairs or replacement. Vandalism may also be reported to law enforcement.

Bimba will provide you with a receipt or explanation for any additional charges beyond the standard rental fee. These charges are not fines but agreed costs under this contract for which you are liable due to the scenarios described. By using the service, you agree that Bimba may automatically charge these amounts to your credit card or payment method on file. If we cannot charge your card on file, you agree to pay upon demand. Unpaid charges may be turned over to collections.

Payment Authorization: You must provide a valid payment method (credit card, debit card, or other accepted form) before initiating a rental. By starting a ride, you authorize Bimba to charge your payment method for all fees and charges incurred (including rental fees, and any additional charges described above). This authorization includes any deposits, holds, or pre-authorizations that may be outlined in our app. Bimba may place a temporary hold (authorization) on your card at the start of a ride to cover anticipated charges; this hold is not an actual charge and will be released according to your bank’s policy after the final charge is processed. You are responsible for ensuring your payment method has sufficient funds. If a charge is declined, you agree to provide an alternative payment upon request. Bimba is entitled to recover any reasonable costs of collecting unpaid fees, including legal fees, to the extent permitted by law.

8. Rider’s Liability and Company’s Limited Liability

Your Responsibility for Injuries/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. This means that if you collide with a pedestrian, vehicle, or object and cause injury or damage, or if you otherwise harm someone or something while riding, you are liable for those injuries or damages. You agree that Bimba has no responsibility for any third-party claims resulting from your actions during your ride. You further agree to defend, indemnify, and hold Bimba harmless from any claims by others (including governmental fines or penalties) arising out of your use of the e-bike, as detailed in the Indemnification clause below. It is your obligation to ride carefully and avoid causing harm; any failure to do so is your responsibility, not Bimba’s.

Bimba’s Liability (Disclaimers): To the maximum extent permitted by Costa Rican law, Bimba disclaims all liability for any injuries, damages, or losses you may suffer arising from the use of our e-bike service. By agreeing to this contract, you understand and accept that Bimba is not liable for any bodily injury, death, property damage, or other loss to you or others caused by your use of the e-bike, including injuries or damages resulting from Bimba’s own ordinary negligence (for example, if an e-bike was maintained improperly or had a mechanical issue). In other words, you ride at your own risk, and Bimba will not pay for any injuries or damages that occur during your ride, except to the extent such liability cannot be waived or disclaimed under law. Bimba does not provide insurance for riders or third parties; you are not covered by any Bimba insurance policy while using the e-bike. It is your responsibility to have personal health insurance or other coverage if you desire it. Bimba’s e-bikes are provided to you “as is” and “as available,” without any warranty of any kind, express or implied. Bimba expressly disclaims any implied warranties of merchantability or fitness for a particular purpose, and does not guarantee that the e-bike or service will be uninterrupted, error-free, or free from defects. You agree that Bimba is not responsible for any indirect, incidental, special, or consequential damages (such as lost time, lost opportunities, pain and suffering, etc.) related to your use of the e-bike, to the fullest extent allowed by law. If some jurisdictions do not allow certain disclaimers, Bimba’s liability is limited to the smallest amount permitted by applicable law.

Limitation of Liability: In the event that, despite the waivers and disclaimers in this Agreement, Bimba is found legally liable to you for any reason, you agree that the maximum amount of damages you can recover from Bimba 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). This limitation applies to any claim, whether based in contract, tort, strict liability, or other legal theory. Indirect or punitive damages are excluded. Some jurisdictions may not enforce such liability caps for certain kinds of misconduct, but in any case, you agree that Bimba will not be liable for an amount greater than the fees you paid for the service in question.

Indemnification: You agree to indemnify, defend, and hold harmless Bimba and its owners, employees, officers, affiliates, agents, and contractors (the “Released Parties”) from and against any and all claims, losses, liabilities, damages, injuries, demands, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the e-bike or your breach of this Agreement. This indemnity covers, for example, claims by third parties that you injured them or damaged their property, as well as claims by government or authorities for fines or penalties caused by your actions. You agree that this indemnity applies even if the Released Parties are partially negligent in connection with the claim, to the fullest extent allowed by law. However, the indemnity would not apply to the extent a claim is caused by Bimba’s gross negligence or willful misconduct (which by law cannot always be indemnified or waived). Bimba reserves the right, at its option, to assume control of the defense of any claim subject to indemnification (at its own expense), in which event you agree to cooperate fully with Bimba’s defense. You shall not settle any claim involving Bimba without our prior written consent. This indemnification obligation will survive the termination of this Agreement and your use of the e-bike.

9. Compliance with Local Laws

You agree to comply with all local traffic laws and regulations while using the e-bike. This includes the laws of Costa Rica and any local ordinances in Santa Teresa applicable to bicycle or vehicle use. Ride only on the Main Road as defined, and do not ride in prohibited areas (as stated earlier). You must obey all traffic signals, signs, and markings, and yield to pedestrians where required. You are required to ride on the correct side of the road (with the flow of traffic) and to use bicycle lanes if available and required by law. Do not ride on sidewalks or in pedestrian-only zones where bicycle riding is disallowed.

If you violate any traffic or safety laws (for example, running a red light or failing to yield), you are solely responsible for any citation, fine, or penalty that you incur. Any legal infractions or fines during your rental are your responsibility to resolve and pay. Bimba will not be liable for any tickets or violations issued to you, and you agree to indemnify Bimba for any fines, penalties, or legal fees it incurs due to your violation of law (for example, if Bimba is required to pay a fine on your behalf or is named in a legal action as a result of your conduct). Bimba does not provide legal advice or coverage for any violations you commit.

Please be aware that in Costa Rica, traffic laws (ley de tránsito) apply to cyclists/e-bike riders, and this may include rules such as not riding under the influence, not using a phone while riding, and respecting all standard vehicle right-of-way rules. It is your duty to know these laws. Bimba may provide some safety guidelines in the app, but we do not provide exhaustive information on local law. By using the service, you affirm that you know and will follow the law, and if you are unsure of the rules, you will educate yourself prior to riding.

10. Force Majeure

Bimba is not responsible for any failure or delay in providing services or fulfilling any obligation under this Agreement if such failure or delay is caused by events beyond Bimba’s reasonable control. This includes, but is not limited to: natural disasters (e.g., earthquakes, floods, hurricanes), severe weather, fire, acts of government or authorities (e.g., curfews, road closures, new laws/regulations), riots or civil disturbances, acts of terrorism or war, strikes or labor disputes, nationwide or regional power outages, technical or telecommunications failures, or any other extraordinary event or circumstance (“Force Majeure”). In the event of a Force Majeure, Bimba’s obligations will be suspended for the duration of the event. We will make reasonable efforts to inform users and resume service as soon as possible. However, you will not hold Bimba liable for interruptions or issues caused by Force Majeure. If a Force Majeure event substantially frustrates the purpose of this Agreement or makes performance impractical for an extended period, Bimba may in its discretion terminate affected rentals and, if appropriate, provide refunds or credits for unused rental time.

11. Release and Waiver of Claims

General Release: By using a Bimba e-bike, you hereby release and forever discharge Bimba and all of its owners, managers, employees, affiliates, agents, contractors, officers, directors, successors, and assigns (collectively, the “Released Parties”), to the fullest extent permitted by 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 any aspect of your use of the e-bike or Bimba services. This release includes, without limitation, claims for personal injuries, death, property damage, or any other losses or damages you may incur, even if caused in whole or in part by the negligence of the Released Parties. You waive any and all claims you may have, on any legal theory, against the Released Parties, for ordinary negligence, failure to warn, product liability, breach of contract, or otherwise, to the maximum extent allowed by law. This release is intended to be as broad and inclusive as Costa Rican law permits, and to release all claims except those that cannot be waived as a matter of law.

Specific Waiver of Unknown Claims: You understand and agree that this Release extends to claims that you do not presently know or suspect to exist in your favor at the time of signing this Agreement, and that, to the extent permitted by law, you waive all rights you might have under any legal principle that would otherwise preserve unknown claims (akin to California Civil Code §1542 or similar laws in other jurisdictions). In plain language, if you later discover an injury or issue that you were not aware of at the time of your ride, you still release Bimba from liability for it (assuming it arose from your use of the e-bike), except where such a release is prohibited by law.

Exceptions: Note: We are not attempting to release or waive any claims that cannot be legally waived. For example, if Costa Rican law prohibits waiver of claims for gross negligence or intentional misconduct, then claims based on Bimba’s gross negligence or willful misconduct are not waived by you. Similarly, if law provides certain non-waivable consumer rights, this Agreement does not waive those rights to the extent they are indeed non-waivable. However, to the fullest extent allowed, this Release does waive any claim against the Released Parties for their own negligence or fault, and you acknowledge that you are assuming the risk of such negligence. You also agree not to make any claim or demand against any municipality or governmental entity that may permit Bimba to operate (to the extent such claims might be directed at them for your activities).

No Insurance; No Warranties: You acknowledge that Bimba is not a common carrier, insurer, or guarantor of your safety. We do not provide medical, accident, or liability insurance for riders. Any insurance policies maintained by Bimba (e.g., general liability insurance) do not provide direct coverage or protection to individual riders. You are solely responsible for your own insurance coverage if desired. Moreover, Bimba makes no warranties or representations about the condition, suitability, or fitness of the e-bikes and related equipment. All equipment is provided “as is,” and you use it at your own risk. If you have a problem with an e-bike, your sole remedy is to stop using it and notify Bimba. Bimba will, if applicable, give you a credit or switch you to another bike, but we do not accept liability for any injuries or losses resulting from equipment failure, unless required by law.

By accepting this Agreement, you fully intend to release the Released Parties from any claim of liability for any harm you may suffer related to your use of the e-bike, except as expressly not permitted by law. You acknowledge that you understand the significance and consequence of this release, that it is a voluntary and bargained-for term of your use of the e-bike, and that you had the opportunity to not use the service if you chose not to accept this Agreement. The terms of this Section survive even after your usage of the e-bike ends.

12. Dispute Resolution and Arbitration

Good Faith Negotiation: In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or your use of Bimba’s services, the parties shall first use their best efforts to settle the dispute informally. You agree to contact Bimba at the contact information provided in Section 18 and provide a written description of your issue. Both you and Bimba agree to negotiate in good faith to attempt to resolve the dispute informally. This might involve discussions via email, phone, or in-person if feasible. Each party shall allow a reasonable period for informal resolution, typically 30 days, before proceeding further.

Mandatory Mediation (Pre-Arbitration): If the dispute cannot be resolved by direct negotiation, the parties agree (where feasible) to attempt resolution through mediation. Mediation is a non-binding process in which a neutral mediator helps facilitate a resolution. The mediation shall be conducted in Costa Rica, and the parties will mutually agree on a mediator. If we cannot agree, either party may request a mediation facilitated by a reputable mediation center in Costa Rica. Each party will share the costs of mediation equally (excluding their own attorney’s fees, if any). Mediation is not required if both parties agree to skip it, or if one party refuses to participate. However, you and Bimba are encouraged to mediate in good faith as a step before arbitration or litigation.

Binding Arbitration: If negotiation and mediation fail to resolve the dispute, the dispute shall be resolved by final and binding arbitration, to be held in Costa Rica (unless another location is agreed upon in writing). By agreeing to arbitration, you are waiving your right to file a lawsuit in court and to have the matter decided by a judge or jury. Instead, an independent arbitrator will determine the outcome. The arbitration will be conducted on an individual basis (not as a class or consolidated action) and in accordance with the rules of a recognized arbitration institution in Costa Rica or such other rules/procedures as the parties may agree upon. If the parties do not agree on an arbitrator, either may request a court of competent jurisdiction to appoint an arbitrator as provided under Costa Rican arbitration law.

Arbitration Procedure: The arbitration shall be conducted in the English language (unless otherwise required by law or agreed) and pursuant to the substantive laws of Costa Rica (see Governing Law below). Each side will have the opportunity to present evidence and arguments. The arbitrator shall have the authority to award any relief available in an individual lawsuit under applicable law, including damages and injunctions, but may not award relief on behalf of anyone not a party to the proceeding. The arbitrator will provide a written decision that includes the essential findings and conclusions.
Costs of Arbitration: Each party shall bear its own costs and attorneys’ fees, but if any fees are required to initiate the arbitration (e.g., filing fees or arbitrator fees), those costs will be split equally between the parties, unless otherwise required by the arbitration rules or applicable law. However, the arbitrator may award costs and fees to the prevailing party if allowed by law (for example, if a claim is found to be frivolous or brought in bad faith, the arbitrator could require the claimant to pay the other’s fees, to the extent permitted).
Exceptions: Notwithstanding the above, claims that are within the jurisdiction of a small claims court (or local equivalent for low-value matters) may, at the option of the claiming party, be brought in such court instead of arbitration, as long as the matter remains in that court (and is not pursued or appealed in a way that would move it outside of small claims). Additionally, either party may seek temporary or preliminary injunctive relief from a court to address an urgent matter (e.g., protection of intellectual property or stopping a misuse of the service) while awaiting the outcome of arbitration, without breaching this arbitration agreement.

Class Action Waiver: You and Bimba agree that any dispute resolution proceedings (whether in arbitration or court, as permitted) will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that you will not participate in any class action or class-wide arbitration against Bimba. By entering this Agreement, you are waiving your right to become a member of any class or to otherwise pursue your dispute on a collective or consolidated basis with others. An arbitrator shall not have authority to combine or aggregate similar claims or conduct any class or collective arbitration, and may only decide an individual claim. If this class action waiver is found unenforceable, then the entirety of the Dispute Resolution and Arbitration section (except for this sentence) shall be null and void, and the dispute must be brought in court (with the class action waiver enforced to the maximum extent allowed).

Opt-Out Right (if applicable): If you do not wish to be bound by the above arbitration and class-action waiver clauses, you may opt out by sending written notice to Bimba at the contact in Section 18 within 30 days of first accepting this Agreement (for example, within 30 days of your first ride under these terms). The opt-out notice must include your name, the email associated with your Bimba account, and a clear statement that you opt out of the arbitration agreement. If you opt out, disputes will instead be resolved in the courts as set forth in the Governing Law section (but you will still waive the right to class actions to the extent permitted). If you do not opt out within the 30-day period, you will be deemed to have knowingly and intentionally waived the right to opt out and to have agreed to the arbitration clause. Opting out of arbitration does not affect any other part of this Agreement.

Governing Law for Arbitration: The interpretation and enforcement of this Section 12 (Dispute Resolution and Arbitration) are governed by the Federal Arbitration rules of Costa Rica or applicable arbitration statutes, and by the laws of Costa Rica as stated in Section 14 below (to the extent not preempted by arbitration law). The arbitrator will apply Costa Rican substantive law to the merits of any dispute.

Confidentiality: Any arbitration proceeding, and any settlement negotiations and outcome, shall be confidential between the parties, except as necessary to enforce the outcome or as required by law.

By agreeing to these terms, you acknowledge that you are giving up your right to go to court (except for matters that may be taken to small claims court or where you timely opt out of arbitration) and your right to a jury trial, and that you are giving up your right to participate in a class or representative action. This arbitration agreement will survive the termination of your relationship with Bimba.

(For consumers resident outside of Costa Rica: the above arbitration clause may not apply to the extent local laws prohibit mandatory arbitration or provide you with the right to bring claims in your home jurisdiction. In such cases, the Governing Law and Jurisdiction clause below will dictate how disputes are resolved. However, if you reside or use the service in Costa Rica, this arbitration agreement is intended to apply.)

13. Privacy and Data Use

Data Collection: By using Bimba’s services, you acknowledge that Bimba will collect certain personal data from you. This may include, for example, your name, contact information, payment information, and usage data such as location of rides, start/end times, routes taken, etc. We collect this information to operate and improve our services and for safety, operational, and billing purposes. For instance, the app will use your phone’s location to show available e-bikes and to record the route of your ride, and we maintain records of your rentals and payments. If you provide any identity documents or age verification, that data is also collected. By using the service, you consent to this data collection.

Data Use and Sharing: Bimba respects your privacy and will handle your personal data in accordance with applicable privacy laws and our Privacy Policy (available on our website or app). In general, we use your data internally to provide the service (e.g., to track bikes, process payments, contact you about your ride, etc.). We may share your data with third parties only in a few situations, such as: (a) with service providers or partners who help us run our business (for example, a payment processor, or a bike maintenance partner), only for the purposes of operating the service; (b) as required by law or lawful order – for example, if law enforcement or a government entity with jurisdiction lawfully requests information, or if disclosure is required by court order; (c) to protect safety or enforce our rights – for example, providing information to the police regarding a stolen bike or to pursue a claim against a vandal; or (d) in the event of a business transaction like a merger or acquisition, where user data may be transferred to a successor company (in which case that company will honor the existing privacy commitments). We do not sell your personal data to third-party marketers. Any third-party data sharing is done in compliance with applicable data protection laws.

User Consent and Rights: By using the e-bike, you consent to the collection and use of your data as described. If you do not consent, do not use the service. You have rights regarding your personal data under various laws (for example, the right to access or correct data, and if applicable, the right to request deletion). For details on how to exercise those rights or to learn about our data practices in more detail, please refer to our Privacy Policy or contact us using the information in Section 18. If you are a non-resident tourist using the service, you also consent to the transfer of your data to and from Costa Rica as needed for our operations.

Location Tracking: You understand that for safety, anti-theft, and operational purposes, Bimba’s e-bikes are equipped with GPS technology that allows us to track their location. When you rent an e-bike, we may collect data about the routes you take and the location where your ride ends. This information may be used, for example, to locate missing bikes or to analyze popular routes (in aggregated form). By entering into this Agreement, you agree to this tracking. We treat location data as personal data, so it is protected under our privacy practices.

For more information, please review our full Privacy Policy (available on our website/app). Your use of the e-bike is also subject to that Privacy Policy, which is hereby incorporated into this Agreement by reference. If you have any questions about how we handle personal data, you can reach out to us at the contact info below.

14. Governing Law and Jurisdiction

This Agreement and any disputes or claims arising out of or in connection with it (including non-contractual disputes) shall be governed by the laws of Costa Rica, without regard to its conflict of law principles. We choose Costa Rican law because Bimba is based in Costa Rica and the services are provided in Costa Rica.

Subject to the Dispute Resolution section above (Section 12), which may require arbitration or other processes for certain disputes, any permissible court proceeding arising out of this Agreement or your use of the services shall be brought exclusively in the courts of Costa Rica. Specifically, if any matter is allowed to be heard in court (e.g., if you validly opted out of arbitration, or a claim is not arbitrable by law, or for enforcement of an arbitration award), then the courts located in San José, Costa Rica (or the appropriate jurisdiction in Costa Rica closest to our business location) will have exclusive jurisdiction. You and Bimba consent to the personal jurisdiction of such courts and waive any objections on grounds of inconvenient forum or otherwise, to the extent permitted by law.

If you are using the service as a tourist or otherwise not as a resident of Costa Rica, you acknowledge that you are still subject to Costa Rican law and jurisdiction for any issues that arise, and that this choice of law and forum is fair and reasonable because the service is provided in Costa Rica. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement.

15. Amendments to Agreement

Bimba reserves the right to amend or update this Agreement at any time. If we make material changes, we will notify riders of the updated terms through appropriate means, which may include an in-app notification, an email to the address on your account, or a notice on our website. Any amendment will be effective when published by us, or as of the effective date specified in the notice. Once notified, you will be bound by the new terms upon your continued use of the services. If you do not agree to any revised terms, you must stop using Bimba’s e-bikes and may close your account. This Agreement (and any future modifications) constitute the entire understanding between you and Bimba, superseding any prior statements or promises. We encourage you to review the Agreement periodically to stay informed of any updates, though we will strive to inform users of major changes in advance. Your continued use of the service after an update constitutes your acceptance of the modified Agreement.

No amendment or waiver of any portion of this Agreement shall be effective unless in writing and signed by Bimba (except for unilateral updates by Bimba as described above, or notifications via electronic means as described).

16. Entire Agreement

This Agreement constitutes the entire agreement between you and Bimba regarding the subject matter (rental and use of Bimba e-bikes in Santa Teresa). It supersedes all prior or contemporaneous understandings or agreements (whether oral or written) relating to the same subject. You agree that you are not entering into this Agreement based on any representation not explicitly contained herein. If Bimba has provided a translation of the English language version of this Agreement, it is for your convenience, and the English version will control in the event of any conflict or ambiguity in interpretation.

No oral or written representation, warranty, or understanding by any Bimba employee or agent that is not contained in this Agreement shall be binding. Any changes to this Agreement (other than modifications by Bimba under Section 15) must be in writing and signed by both you and an authorized representative of Bimba.

17. Severability and No Waiver

Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be severed or narrowed to the minimum extent necessary, and the remaining provisions of the Agreement will remain in full force and effect. The intent of the parties is that the Agreement will be enforced to the greatest extent allowed by law. If a provision is invalid due to its scope or breadth, a court or arbitrator may reform and enforce such provision to the extent allowable by law.

No Waiver: Bimba’s failure to insist upon or enforce strict performance of any part of this Agreement is not a waiver of any of our rights. Similarly, any waiver of a breach of this Agreement by you must be in writing and signed by Bimba to be effective, and such waiver will not be deemed a waiver of any other provision or a waiver of a subsequent breach of the same provision. In short, no waiver by either party of any term or breach shall be deemed to be a further or continuing waiver of that term or any other term.

Both you and Bimba confirm that we intend to be bound by this Agreement. If something in this Agreement is found unenforceable, we both would have wanted the rest of the Agreement to stand and be enforced.

18. Contact Information

If you have any questions, concerns, or notices to give under this Agreement, you may contact us at:

Bimba ECO SRL
Santa Teresa, Costa Rica
Email: [email protected]
Phone (WhatsApp/Call): +506-6468-4301

Bimba’s customer service team will try to assist you with any issues regarding your e-bike rental, and can provide support or instructions in case of accidents, malfunctions, or disputes.

By unlocking and using a Bimba e-bike, you acknowledge that you have read this Rider Agreement in its entirety and agree to all of its terms and conditions. You understand that this Agreement includes a release of liability, an assumption of risk, and an indemnification in favor of Bimba, and that it limits your legal rights. You freely and voluntarily agree to these terms as a condition of using the e-bike service. If you do not agree, do not use the e-bikes.

Thank you for choosing Bimba. Ride safely and responsibly!