Affidavit
Acceptingtheterms and conditions in myregistration in the “En la bici” Program of the Mendoza and Godoy Cruz countiesI hereby declare that:
1 - I accept the bicycle, all the elements of which it is made up and, when applicable, the helmet, which are provided to me as a loan for use. I therefore assume the exclusive responsibility thereon until the time of return and I undertake to return them in the same condition in which I received them. Likewise, I undertake to return the bicycle, all of its components and the helmet at any of the stations of “En la bici” within the period of time provided of one (1) hour maximum.
2 - I accept the full and complete liability for any injury to myself resulting from the use of the bicycle as well as for any damage caused to third parties.
3 - In the event of the crime of unlawful appropriation, as provided for in section 173(2), Argentine Criminal Code, or if the bicycle provided to me were returned with a damaged frame owing to misuse, the City Hall of Mendoza or Godoy Cruz shall be entitled to enforce the loan for use agreement, with this document constituting an affidavit. In that case, I shall be charged a fine of AR$7,500. The amount of such fine may be modified and users are free to check such changes in the user manual available at http://www.ciudaddemendoza.gov.ar/en-la-bici/bici-reglas-de-uso.
4 - I accept that failure to meet the obligations undertaken shall give rise to the following penalties, regardless of any further legal consequences arising from my actions:
• Users shall not be allowed to use the bicycles of the Public Bicycle Transportation System for 1 (one) week the first time a bicycle and/or helmet are returned after the time set; for 1 (one) month, the second time; for 2 (two) months the third time.
• Users shall not be allowed to use the bicycles of the Public Bicycle Transportation System for 1 (one) month the first time a bicycle is returned with broken parts (other than the frame) resulting from misuse or the helmet delivered as a loan for use is not returned; they shall be banned for 2 (two) months the second time; for 3 (three) months the third time.
• Users shall be permanently banned from using the bicycles of the Public Bicycle Transportation System if they fail to return them or if they return the bicycles with a damaged frame resulting from misuse, or when the user is reported to have disregarded road traffic safety regulations
5 - I am physically and mentally able to use this transportation system.
6 - I undertake to use the bicycle in proper observance of road traffic safety regulations, to use bike lanes whenever possible, to ride exclusively within the City limits of Mendoza or Godoy Cruz and not to ride with other people on the bicycle.
7 - I undertake to wear a helmet.
8 - The accompanying photocopies of the documentation are a true copy of the original.
Direct enforcement may be obtained on this affidavit subject to all the relevant effects provided for in section 438 and related provisions of the Code of Civil and Commercial Procedure.