Terms and condition - Self service Freebike by Yelo

Terms and Conditions self-service bicycles

ARTICLE 1. PURPOSE OF SERVICE

1.1. Yélo self-service bicycles is a service provided by the Agglomeration of La Rochelle ( the ‘CdA’). Henceforth, the Agglomeration of La Rochelle ensures the implementation of a fleet of bicycles destined for public use (the ‘service’) throughout its territory.

1.2. Contact information Yélo :

Postal address : Yélo – self-service bicycles - rue Moulin Vendôme - 17140 Lagord

Yélo Customer calling center : 0810 17 18 17 (cost service 0,06€ a minute + cost of a local cost)

Website : www.yelo-larochelle.fr

ARTICLE 2. DESCRIPTION OF THE SERVICE

The service consists of bicycle parks, CdA property (the ‘stations’), including a touch-screen user terminal (the ‘terminal’) and individual docking points (the ‘docking points’).

The terminal, composed of a touch screen, key pad, and a contactless card reader, enables users to sign-in and choose a bicycle.

The docking points enable users to dock a bicycle ; the station is numbered in order to identify and choose a bicycle.

ARTICLE 3. SERVICE AVAILABILITY

The service is accessible within the limits of available bicycles at each station 24 hours a day, except in the event of force majeure or decree by the competent authorities of a temporary or permanent, total or partial restriction on bicycle traffic, or except in the event of maintenance of the operating service and/or the computer system.

The service provider may not be held responsible in the event of suspension of the service due to an event of force majeure or imposed for security reasons.

ARTICLE 4. USERS

Subject to prior acceptance of these terms and conditions, the service is accessible :

- for standard bicycle hire, to any person of at least 16 years of age, it being specified that access to the service by minors aged 16 are in any event under the responsibility of their parents or legal guardian.

- for electric bicycle hire, to any person of at least 18 years of age

- and Yélo self-service bicycle subscribers

ARTICLE 5. SUBSCRIPTION

5.1. 1 year subscription

The price of a 1 year subscription is :

20.00€ for Yélo bus subscribers

25.00€ for non-subscribers.

The offer cannot be modified and is non-refundable.

Users will sign a pre-authorization debit agreement to the amount of 200 € as a deposit.

The subscription is made by the user at the Maison de la Mobilité, Place de Verdun, where the user can :

- fill in the necessary registration forms based on their request, and accept the terms and conditions of the service;

- pay the amount of the subscription.

The payment of the subscription referred to in paragraph 1 of this article shall be retained by the RTCR, even if no bicycles are used.

5.2. Occasional hire

Registration is free of charge. A 1€ payment is required to validate the subscription, after which will be credited to the user’s account.

A usage fee then applies depending on the type of bike (see details in article 7).

5.3 In order to use the service, the user needs to provide a valid credit or debit card, which is accepted by our Payment Partner and from which charges can be deducted.

5.4 By registering for the service with a payment card, the user agrees to allow the service provider to collect from their account the relevant fees for use of the service including fees for rental and additional charges for damage or a failure to return a Bike.

ARTICLE 6. PRACTICAL PROCEDURES FOR HIRING AND RETURNING BICYCLES – DURATION OF HIRE

6.1. Hiring Procedure

For subcribers :

Users go to a self-service bicycle station.

Follow the instructions in order to hire a bicycle :

1 – turn on the terminal by pushing the button,

2 – place the Yélo contactless card on the card reader,

3 – follow the instructions on the screen

4 – push the flashing light on the terminal,

5 – remove the bicycle for the docking station when the light flashes quickly and beeps.

For occasional hire:

There are three ways to sign-up :

- Download the Freebike application available for iPhone and Android

- Go to a self-service bicycle station and use the touch screen terminal ;

- Or go to the Maison de la Mobilité, Place de Verdun in La Rochelle.

Once registered, users can hire a bicycle :

- By using the Freebike by Yélo application and by scanning the desired bicycle’s QR code

- Or by connecting to their account on the terminal with the user name and PIN code ;

For standard bicycles : users unlatch the bicycle when the light flashes quickly and beeps.

For electric bicycles : users unlatch the bicycle and squeeze the breaks twice to activate the bicycle.

The user is allowed to rent two bikes at the same time on one same account.

6.2. Returning Procedures

Users return the bicycle to an available slot at a station. A green light indicates the bicycle has been latched. A red light indicates the bicycle has not been properly latched. No further action is required after the bicycle has been properly returned. The user shall ensure that the bicycle is correctly returned to the station, following the instructions on the bicycle and on the docking points at the station.

6.3. Period of use

The period of use corresponds to the period of time between the time of hire and the time of return when the bicycle is latched to a docking point.

The period of use authorized is a maximum of 24 consecutive hours (the ‘authorized period of use’).

In the event of a dispute over the duration of use of the bicycle by the user, the data provided by the service's computer server is decisive.

ARTICLE 7. COST & PAYMENT PROCEUDRES

7.1. In addition to the subscription referred to in Article 5 and during the period of validity of the subscription, the hourly rate for use of the service is as follows:

One year subscription – Usage fee for a standard bicycle :

- The first 30 minutes is free

- then 0.50 € from 30 to 60 minutes

- then 1.00 € per additional half-hour

One year subscription – Usage fee for an electric bicycle :

- 1.30 € per half-hour from the first minute

Occasional hire – Usage fee for a standard bicycle :

- 0,50 € for the first 30 minutes. After that, usage is 1 € per additional half-hour.

Occasional hire – Usage fee for an electric bicycle :

- 1.30 € for the first 30 minutes. After that usage is 1.80 € per additional half-hour.

Be Aware : Beyond 24.00 hours, the bicycle is considered stolen and the 200 € will be debited.

7.2. The user shall pay the price of the service in proportion to the duration of use of the service. Any half-hour (up to 2 hours) beyond the initial free period or hour (from 2 hours to 24 hours) of use of the service is charged in full.

7.3. To pay the cost of the service, recharge the subscription at the Maison de la Mobilité, Place de Verdun.

7.4. Cost and detailed pricing of the present article are valid starting August 24th 2020.

ARTICLE 8. USER OBLIGATIONS AND RESTRICTIONS ON BICYCLE USAGE

8.1. The user agrees to use the Yélo card or the Yélo services only for their intended purpose and not to lend, hire or transfer the Yélo card or the bicycle to a third party under any circumstances. In the event of loss, theft or damage, the user agrees to inform the service provider immediately via the Yélo call center: 0810 17 18 17.

8.2. Prior to using the bicycle, the user agrees to check the main functional elements of the bicycle, including, but not limited to, the proper attachment of the seat, pedals and basket, the proper functioning of the lighting, braking system, battery (if applicable) and general good condition of the frame, battery (if applicable) and tyres. The user adjusts the seat height to suit his/her body type. Use of a bicycle for more than 2 minutes assumes that the bicycle is in good working order and that it has not been damaged in any way, in particular as provided for in Article 12 of these conditions.

8.3. The user agrees to use the bicycle prudently and reasonably; to respect the traffic regulations in place and the indications on the road. The user is personally responsible for any breach of the traffic laws. The user agrees not to use the bicycle in a manner that may be in breach of public order, public morality, public safety or environmental protection rules or that may have harmful consequences for the image or reputation of the service provider.

The user agrees not to use the bicycle, while in motion, outside of the roads and cycle paths provided for this purpose.

The user is authorized to use the bicycle as long as he/she makes reasonable use of the bicycle, which excludes in particular:

- any use in fields or in conditions likely to damage the bicycle;

- the transportation of any passenger in any way whatsoever;

- any use of the bicycle that may endanger the user or third parties;

- any dismantling or attempted dismantling of all or part of the bicycle;

- any change to the structure or appearance of the bicycle;

- and more generally any abnormal use of a bicycle.

The user agrees to adapt his/her braking distance in the event of rain or snow. In the event of dangerous weather conditions or force majeure events, the user agrees not to use the bicycle and to return it to the nearest terminal as quickly as possible.

8.4. The user assumes custody of the bicycle and is obliged to do everything possible to prevent its disappearance. This includes the obligation to systematically lock the bicycle with the anti-theft device whenever the user stops using it.

The user agrees to return the bicycle to the station at the end of its use, and to ensure that the bicycle is properly docked at the station.

8.5. The user agrees to remove and return the bicycle within the authorized period of use, and accepts that any failure to do so shall entitle the service provider to the application of penalties in accordance with Article 12 of these conditions.

8.6. The user agrees to notify the service provider of any loss, theft, damage or any other problem relating to the use of the service via the Yélo call center at: 0810 17 18 17 and to report the loss or theft to the police.

ARTICLE 9. USER’S RESPONSIBILITES

9.1. The user is responsible for the safekeeping of the bicycle during the entire period of use, even if this period exceeds the authorized period of use.

9.2. The user or the parents/legal guardians of a minor user shall be liable for any direct or indirect damage caused by the bicycle or by its use, except in the case of a proven failure of bicycle maintenance by the service provider or a mechanical problem independent of the user.

9.3. Failure to return the bicycle within 24 hours shall be considered as a disappearance of the bicycle.

9.4. In the event of an accident and/or incident, particularly a mechanical one, involving the bicycle, the user is obliged to report it immediately to the Yélo call center at :0810 17 18 17; the bicycle remains under the user's responsibility, either until it is docked at a station, or until it is handed over to a representative of the service provider.

ARTICLE 10. SIGNED STATEMENT

The user declares that he/she accepts these Terms and Conditions without reservation.

The user declares that he/she is capable of using a bicycle and is in sufficient physical condition for such use. The user declares that he/she holds personal civil liability insurance covering the consequences of the use of the bicycle for him/herself and for persons dependent on him/her (minors) who have taken out a subscription.

ARTICLE 11. LIABILITY LIMITATIONS OF THE PROVIDER

In the event of non-compliance by the user with one of the obligations stipulated in these Terms and Conditions, and in particular in the event of withdrawal for any reason whatsoever of the pre-authorization debit agreement referred to in Article 5, the service provider may deactivate access to the service at any time. This deactivation shall not constitute a non-compliance by the service provider with its obligations which may give rise to liability without prejudice to any claim for damages.

Any liability on the part of the service provider in connection with the use of the bicycle by the user is entirely excluded, both for damage suffered by the user and for damage caused to third parties, except in the event of a proven failure in bicycle maintenance by the service provider or a mechanical problem independent of the user.

The service provider may not under any circumstances be held liable for the unavailability of the service as provided for in Article 3 of these conditions.

The user acknowledges that the service provider is not the manufacturer of the bicycles offered as part of the service and, as such, cannot under any circumstances be held liable, within the meaning of the applicable legislation and regulations, for any defects or faults in the bicycle linked to its manufacture or assembly, except in the case of a proven failure in bicycle maintenance by the service provider or a mechanical problem independent of the user.

ARTICLE 12. PENALTIES

12.1. In the event that the user fails to fulfil their obligations under these Terms and Conditions, and in the event of damage, fraudulent use and/or disappearance of the bicycle, a flat-rate penalty shall be applied and/or their Yélo card may be deactivated.

12.2. The nature and/or amount of the penalties will be established, after the provider has determined the defaults, as follows:

- Disappearance of the bicycle: an amount of 200.00 € will be collected as penalty,

- Delay in returning the bicycle after 24 hours: an amount of 200.00 € will be collected as penalty,

- In the event of loss or damage to a Yélo card, a €10.00 fee will be charged for any request for a duplicate Yélo card.

12.3. The penalty amount shall be payable at the first request of the service provider in the event of non-compliance by the user to these Terms and Conditions.

12.4. The user agrees to report any change in bank information he/she has provided and which may affect, during the subscription period, the proper execution of the pre-authorization debit agreement.

ARTICLE 13. PERSONAL DATA PROTECTION AND PRIVACY

The personal data collected in this way is processed by the RTCR management and the Agglomeration of La Rochelle, which can be contacted by e-mail at the following address: service.informatique@rtcr.fr. This data is collected and processed by the RTCR's sales department for the management of subscriptions, payment and statistics. The services in charge of the RTCR's IT support can also access this data, for the sole purpose of IT management and maintenance. The customer file compiled by the RTCR may be transmitted to the Mobility and Transport Department of the Agglomeration of La Rochelle, which is the owner of the file. The processing does not involve automated decision-making. The data collected will be kept for a period of 1 year from the date of transmission of the form.

In accordance with the European Parliament's Regulation (EU) 2016/679 on personal data, you have a right of access, rectification, limitation of processing, deletion and portability of your data, which you may exercise by sending an e-mail to the addresses of the data controllers indicated above, specifying your surname, first name and address and enclosing a copy of proof of identity (identity card, passport, etc.)

In the event of any difficulty in connection with the management of your personal data, you may submit a complaint to the Data Protection Officer service.informatique@rtcr.fr or to the CNIL.

ARTICLE 14. APPLICATION AND MODIFICATION OF THESE TERMS AND CONDITIONS

The present Terms and Conditions are applicable as of September 1st 2013.

Any changes to the present Terms and Conditions are available on the website and at any information point. They can also be provided to users on written request. Any modification of the Terms Conditions can only be made on the anniversary date of the contract.

Any complaint can be made to the following address : Yélo self-service bicycles - rue Moulin Vendôme, 17140 Lagord.

ARTICLE 15. DISPUTE SETTLEMENT

The user may make a complaint, in particular concerning the application of the present Terms and Conditions, within a period of three months from the date of the facts about which he/she is making the complaint.

The present Terms and Conditions are subject to French law. Any dispute relating to their execution and their consequences shall be submitted to the jurisdiction of the competent courts to which the parties expressly grant jurisdiction, including in the event of summary proceedings, appeal for guarantee or multiple defendants.

In the event of a dispute, you have the possibility, in accordance with articles L. 611-1 et seq. of the French Consumer Code, of having recourse to a consumer mediator for the amicable resolution of your dispute.

The contact information and website of the relevant mediator are as follows :

"Association des médiateurs indépendants d’ïle de France (A.M.I.D.I.F)"

Headquarters : 1 place des Fleurus - 77100 Meaux

Website : www.amidif.com

Email : contact@amidif.com