CGV – general condition of sale
GENERAL CONDITIONS OF ACCESS & USE OF THE YELO BIKE RENTAL SERVICE
ARTICLE 1. OBJET DU SERVICE object of the service
1.The ‘’libre-service Vélo’’ by Yélo is a public service (the «Yélo bike Service») offered by the ‘’Communauté d’Agglomération’’ of La Rochelle in order to provide access to self-service to system subscribers (the customer).
1.2. contact details
Postal address : Yélo – « le libre-service vélos » rue Moulin Vendôme 17140 Lagord
Yélo Customer calling center : 0810 17 18 17 .
ARTICLE 2. SERVICE DESCRIPTION
The Service consists of stations, the «bike station(s)» comprising a reception point (the «Terminal») and bicycle attachment points assigned to the Service (the «attachment point(s)»).
The Terminal is composed of a touch screen and a card reader for a contact free access.
It enables self-identification.
Each Attachment Point allows the storage of a bicycle. It is numbered for identification and choice of the bicycle.
ARTICLE 3. PRACTICAL ARRANGEMENTS FOR ACCESS TO THE SERVICE
The Service is accessible within the limit of the bicycles available in each Station. 24 hours a day without interruption, except in extraordinary cases or the enactment by the competent authorities of a total or partial, temporary or definitive restriction on cycling traffic.
The responsibility of the provider shall not be invoked by the interruption of the Service caused by an event of Force Majeure or for safety reasons.
ARTICLE 4. UERS
Upon acceptance of the “GENERAL CONDITIONS OF ACCESS & USE” herein, the Service is open to:
- minors aged 16 and over, whose subscription is taken out by their legal guardian, who undertakes, under the terms of these G.G.A.U., to assume all liability for any damage caused directly or indirectly by the minor customer as a result of using the Service;
- any holder of a Yélo ‘’short’’ bike rental contract.
ARTICLE 5. SHORT TERM SUBSCRIBTION
The short term bike rental Service has a maximum validity period of:
- either two days with 2.00€ subscription costs;
- or seven consecutive days with 5.00€ subscription costs.
ARTICLE 6. PRACTICAL ARRANGEMENTS FOR ACCESS TO THE SERVICE
6.1 Purchase and access to the short-term Service
To become a customer of the short-term Service, the new user can choose to purchase a Yélo “découverte” subscription for a short period of time on one of the Terminals that have a credit card equipment at a bike station.
On the Terminal’s screen, the customer chooses the desired formula figuring in the short-term subscriptions: 2 days or 7 days.
Customer read and duly accept the payment conditions.
A message on the screen asks him to read and duly accept the General Conditions of Access and Use of the Service («the G.G.A.U.») by pressing the «Validation» button on the screen; otherwise, he cannot continue his request.
Customer inserts his or her credit card in the Terminals’ credit card reader. By typing in his or her secret bank code he or she accepts an additional security deposit of one hundred and fifty euros (150.00€). The amount of this security deposit is neither blocked nor withdrawn as long as the conditions of use set out in these GTCU and/or the user manual are respected for a period of fifteen (15) days.
- Customer chooses a four (4)-digit confidential and personal code which will be reused during subscription.
He can then obtain a GIE credit card receipt delivered at the Terminal.
6.2 access to the service of a short term
Customer may remove his bicycle via the screen of the terminal by pushing the button to choose the number of the bicycle attachment point within 20 seconds.
If the bicycle is not removed within 5 seconds after pushing the button of the attachment point locks, it will again automatically close (the green light turns orange once the customer presses the button and green while taking out the bike of the lock point. and the buzzer at the Attachment Point emits two short beeps confirming that the bicycle has been unlocked); the Client must then repeat the procedure.
6.3. bicycle restitution
Customer must hang the bike up to an available attachment point by pushing the button of the attachment point. No other action is necessary to restituted the bike. Customer confirms that the bicycle has been correctly replaced by following the instructions that are written on the bike handlebars.
6.4 Period of use
The period of bicycle use is possible during their respective validity period from the rental time on to the restitution on the station with the attachment point locked.
Maximal rental using period cannot exceed 24 consecutive hours.
ARTICLE 7. COST & PAYMENT TERMS
7.1 Besides the subscription cost mentioned in the article 5 the customer pays a usage cost per trip as follows:
- 1st ½ hour of use: free of charge;
- Beyond the free period: each subsequent half-hour period at 1.00€;
- Beyond 2 hours consecutive rental time, each subsequent half-hour period at 3.00€ per half-hour up to a maximum of 24 hours.
- Beyond 24 hours of use, the security deposit is charged.
7.2. Customer pays the cost of usage Service in proportion to its rental time. The Customer’s attention is drawn to the fact that any half-hour use of the service begun, after initial free period is charged in full.
7.3. The rates detailed in this articles are valid since September first 2011 and are subject to revision at any time.
7.4. The CLIENT agrees to pay the AGGLOMERATION for the rental of the bike a fee according to the pricelist. Payment of the fee is made by subtracting the amount from CLIENT'S CREDIT. CREDIT is the amount the CLIENT pays to the AGGLOMERATION and which is reduced by individual payments for the rentals of a bike. In cases, where the amount owed exceeds the real current CREDIT amount, and the CLIENT did not balance the owed amount on his / her own, system will automatically make an automatic re-payment
7.5. When registering, the client agrees to automatic re-payments which occur when her/his credit balance is in minus. The automatic re-payment and automatic balancing of the users account happens every day around midnight CET in maximum amount of 50 EUR. .
7.6. The automatic re-payment is active for period of 2 years since registration of the user and it is possible to cancel by contacting the customer service line thru email that user recieves upon every notification of such re-payments..
7.7. The CLIENT is entitled to terminate his / her participation in the SYSTEM at any time. The CLIENT terminates his / her participation in the SYSTEM by sending a written notice of termination to the COMPANY by email or to the AGGLOMERATIONs postal address..
ARTICLE 8. CLIENT OBLIGATIONS AND USE RESTRICTIONS OF THE BICYCLE
8.1. Customer confirms and agrees to use the Yélo card and the bike service Yélo correctly as it is described. He or she understands and agrees that any subleasing of rental equipment or of the Yélo card is prohibited and that any such sublease shall immediately cause termination and cancellation of this contract. In case of damage or loss of any Yélo bike equipment or of the Yélo card, the customer shall assume liability and call immediately the service provider at the following number: Yélo Customer call center: +33(0)810 17 18 17.
8.2. Customer undertakes to carry out, prior to the actual use of the removed bicycle, a basic check of its main apparent functional elements, in particular, and without limitation:
- The correct fixing of the saddle, pedals and basket;
- The proper functioning of the lighting and brakes
- The general good condition of the frame and tyres.
- Customer makes sure to adjust the saddle to adapt the height to his morphology.
Exceeding the first two minutes of bike rental time, it is considered that the bicycle provided for use is in satisfactory operating condition with no deficiencies or damages as defined by the article 12 herein.
8.3. Customer undertakes to respect traffic laws and road signs. He or she is entirely responsible for its actions and for any traffic violation. Customer approves to use the bicycle carefully and, in a manner, conforming with: public order, morality and security. Customers’ behavior shall have no impact on the environment nor cause any prejudice to the provider ‘’Yélo’’.
Renter undertakes to use the bicycle only within the bike roads or streets meant for that purpose.
Customer is authorized to use the bicycle under the terms hereof provided that he makes reasonable use of it, which excludes in particular:
- any use on land or in conditions likely to damage the bicycle;
- The transport of any passenger, in any way whatsoever;
- Any use of the bicycle that could endanger the Client or third parties;
- Any dismantling or attempted dismantling of all or part of the bicycle;
- Any transformation or modification of all or part of the bicycle.
- More generally speaking, any abnormal use of the bicycle is not allowed.
- Customer adapts his braking distance in case of rain or snow. In case of dangerous weather conditions or if the normal use of the bicycle may be affected by an event of Force Majeure, customer will stop using the bicycle and turn the bicycle back at the nearest bike station point as soon as possible.
8.4. Customer assumes custody of the bicycle he has removed and undertakes to do everything possible to prevent its disappearance, including the obligation for him to systematically lock the bicycle’s anti-theft system as soon as he stops using it in order to secure the bicycle.
At the end of rental, customer undertakes to return the bike to a Yélo bike station on a docking point. He or She makes sure that the bike is correctly locked back into the rack.
8.5. Customer undertakes to remove and return the bicycle correctly, in accordance with the procedure described in the herein articles, within the time limits of the Authorised Continuous Period of Use. and accepts in advance that any failure to comply with this obligation will entitle the provider to the payment of a fixed penalty which is determined in accordance with the terms and conditions set out in the article 12 below.
8.6. Customer undertakes to report to the provider the loss, theft or any other problem relating to the use of the bicycle by calling the Yélo Customer call center: +33(0)810 17 18 17. and report loss or theft to the police.
ARTICLE 9. CLIENT OBLIGATIONS
9.1. Customer is entirely liable for the bicycle or its use throughout the entire period of use, including when it exceeds the Authorised Period of Use.
9.2. Customer or, where applicable, his legal representative, are entirely responsible for any direct or indirect damage caused through the bicycle or by its use.
9.3. Any delay of more than 24 hours is considered as a case of disappearance of the bicycle.
9.4. In the event of an accident and/or incident, in particular a mechanical one, involving the bicycle, the customer has the obligation to report the facts immediately by calling the Yélo Customer call center: +33(0)810 17 18 17. However, the bicycle remains under his responsibility, either until it is locked at an attachment point on a bike station or until it is handed over personally to a representative of the provider.
ARTICLE 10. SWORN STATEMENT
Customer understands and accepts unreservedly these general terms and conditions.
Customer, where applicable, his legal representative, declare that they are able to use and have the physical condition adapted to the use of a bicycle.
Customer, where applicable, his legal representative, declare to be holder of a current valid Public Liability insurance that recovers any consequences due to the use of a bike during subscribed bike rental service by Yélo.
ARTICLE 11. LIABILITY OF THE PROVIDER
Provider reserves the discretionary right to withdraw the access to the’’ Yélo bike rental service’’, in the event of a breach of these G.C.A.U., or in the event that the customer has failed to fulfil its obligations, including the payment authorisation. If necessary, the provider retains the right to compensation in accordance with the regulations in force.
Any liability of the provider relating to the use that the customer may make of a bicycle, or to damage that customer may cause to itself or to third parties as a result of the use of a bicycle, is entirely excluded.
Provider can never be held liable for the unavailability of the Service as mentioned in the article 3.
Customer acknowledges that the provider of the bicycles offered as part of the Service, is not the manufacturer and, as such, the provider cannot be held liable, within the meaning of the applicable regulations, for defects in the bicycle related to its manufacture.
ARTICLE 12. PENALITES
12.1 The corresponding amount and the nature of penalties as detailed in Article 12.2. below shall be deducted by the provider from the customer’s bank account, in the event that the customer is found to be in breach of its obligations under these G.C.A.U. or in case of damage, fraudulent use, bike loss.
12.2. The nature and/or amount of the penalties due to the provider by the costumer in the event of his failure to comply with the provisions of these G.C.A.U are as follows:
- disappearance of the bicycle: a penalty sum of 150 € + the amount of the subscription to a Yélo bike service;
- belated restitution of the bicycle: a penalty sum of 150 € + the amount of the subscription to a Yélo bike service;
- in case of loss or damage of the bike lock: a penalty sum of 10 €.
12.3. The amount of the penalties required by the provider in the event of costumers’ failure to comply with the provisions of these G.C.A.U are immediately due.
Amount for penalty is deducted from the customer’s bank account monthly at the end of each civil month.
12.4 Customer undertakes to report any change in his relationship with the institution issuing the bank card used or with the bank whose details have been provided under these G.G.A.U., likely to affect during the validity period the proper completion of the direct debit authorisation granted by said bank.
ARTICLE 13. PERSONAL DATA INFORMATION TECHNOLOGY AND FREEDOMS
As part of the proposed service, the provider, the processing controller, implements automated processing of personal data for the management of users of Yélo self-service bicycles in accordance with the provisions of the GDPR.
Conforming to the articles 38 and next of the law n°78-17 of January 6th 1978 relative to information, files and liberties, any person can obtain a report and, if needed, modification or removing of his own information, by writing a letter to « Yélo » - le Libre-Service Vélos – rue Moulin Vendôme, 17140 Lagord
ARTICLE 14. AMENDMENT OF THESE G.C.A.U.
These G.C.A.U shall apply from September first 2011.
Customers of the service will be informed of any changes to these G.C.A.U by displaying them on the screen of the Yélo website and at the ‘’Maison de la Mobilité’’ = the Yélo customer information point. Customers may also receive a letter by asking the customer service.
In the event of a complaint, the customer may contact Yélo service by sending a letter to the provider: Yélo – le Libre-Service Vélos – rue Moulin Vendôme, 17140 Lagord
ARTICLE 15. RULES FOR LIGITATIONS
In the event of a complaint, the costumer may contact Yélo service by sending a letter to the provider. He has a period of 3 months from the disputed event to do so.
The present conditions are subject to French law. Any dispute shall be submitted to the jurisdiction of the competent courts to which the Parties expressly attribute jurisdiction, even in the case of appeal, claim for contribution from third party or plurality of defendant.