GENERAL TERMS OF SERVICE FOR USE IN GIJÓN (GTUS)
By and between
The service user, hereinafter referred to as “the User”
And
CityBike España, S.L, ESB 44703221
With a registered address at Tuset 20, 02, 08006, Barcelona.
Represented herein by Cabañas Faura, Jordi, natural person representative of CityBike Global, S.A., sole administrator of CityBike España, S.L., declaring to be duly authorised to sign this document,
Hereinafter designated “the Operator” / “the City” (change the wording)
Contents
1.2 Customer Service Details. 2
ARTICLE 3 – DESCRIPTION OF THE SERVICE. 4
ARTICLE 4 – RATE AND PAYMENT METHODS.. 4
4.2 Payment for the Service. 5
ARTICLE 5 – PARTIES’ OBLIGATIONS. 5
5.2.1 Restrictions on the Use of the Service. 6
ARTICLE 6 – EARLY TERMINATION.. 8
6.1 Termination due to a Breach by the User 8
ARTICLE 7 – SPECIAL CONDITIONS ON THE USE OF THE BIKES. 8
7.1 Means of Borrowing a Bike at the Station. 8
7.2 Securing and Conserving the Bike. 9
7.3 Returning a Bike to a Station after Hire. 9
7.4 Returning a Bike Off Station after Hire. 10
7.5 Change of Destination during Hire. 10
7.6 Request for Emergency End of Route. 10
7.7 Service Operation Areas. 10
ARTICLE 8 - LIABILITY AND PENALTIES.. 11
ARTICLE 9 - PERSONAL DATA.. 12
ARTICLE 10 - DISPUTE RESOLUTION.. 12
ARTICLE 11 - APPLICATION AND ENFORCEABILITY OF GTU.. 13
ARTICLE 1 – PURPOSE
1.1 Purpose
The Gijón service is a self-service e-bike mechanism offered by the company CityBike España, which supplies the e-bikes, stations and apps necessary to provide the service. The purpose of these general terms is to define how the Service is to be made available to natural persons for personal use under the conditions defined below.
- Email: bici@gijon.es
- Telephone: +34 930 348 075 (cost of a local call and toll-free).
- Gijon Customer Service – Guillermo Marconi, nº 296 - puente Seco Roces - Gijón
- Customer Service is open Monday to Friday 6 a.m. to midnight.
App: refers to the program available for free download which may be used on smartphone and tablet operating systems (iOS or Android). They allow the Service User to find nearby stations as well as choose cyclist-adapted itineraries, check the number of km travelled, subscribe to the Service, contact Customer Service and report incidents.
Community battery: refers to the battery used in the bikes
Bollard: urban furniture at the Station on which the bikes hang
Account: refers to the customer account created by the User on the App to access the Service.
GTU: Service General Terms of Use
Authorised Continuous Duration of Use: refers to a maximum duration of 24 hours of use of the Bike or a maximum break of 1 hour along a route, after which any use will lead to the application of penalties by the Operator
Parties: refers to the Operator and User, jointly
Operator: refers to the company CityBike España which operates the Service
Scanner: reads the QR code on the bike in the Gijón app using a camera
Service: refers to the self-service e-bike service offered by the Operator
Website: refers to the website bici.gijon.es made available to the User and prospective users wishing to get more information on the Service, contact Customer Service, download the app or check the GTU
Station: a bike parking area equipped with several bollards for 5 to 15 bikes
Rate: the price for the Service which is expressly communicated via the App and/or the Website at the time the corresponding order is validated
Third party: mobility service provider operating at the same time as the Operator
User: refers to any natural person over the age of 14 with the capacity to use the Service
Bike: refers to the e-bikes used as part of the Service offered by the Operator
Service Operation Area: refers to the geographical perimeter in which the User may use the Bike comprising the community operation area and secondary operation area defined in article 7.6
ARTICLE 3 – DESCRIPTION OF THE SERVICE
After creating an account on the App, the Service allows the User to borrow a Bike from a Station in accordance with the means described below.
The User must download an App on their smartphone allowing them to hire and return Bikes to the Station.
The App allows the User to:
- identify him/herself and access information in their Account;
- check the status of the Stations and position of bikes nearby;
- obtain information on the Service;
- contact Customer Service;
- hire a bike;
- register, modify or delete bank details;
- check his/her route history and payments;
- read the GTU.
ARTICLE 4 – RATE AND PAYMENT METHODS
The Rates applicable are indicated on the Website and are posted at the time the User subscribes to the Service.
The User hereby acknowledges and accepts that the Rates applicable during the order in certain geographic areas may substantially increase during periods of high demand. This principle applies if an order and/or service execution is modified by a Third Party concerned which leads to a Rate revision.
The Rate is billed directly to their bank card based on the duration of the route.
The Rates applicable to Third Party services are available in the App and/or on the Website. They may be modified or updated at any time. As part of the booking procedure and in accordance with the existence of a service provided by a Third Party and/or the location concerned, the App and/or the Website will provide the User with Rates or estimated Rates which will be billed by said Third Party. Based on the service ordered, the Rates may include but not be limited to the distance, duration and territory over which the Third Party delivers their service, any peak time rates or modifications agreed with the Third Party.
Payment for the Service shall be made by the bank card the User provided details for upon creating their Account or upon any update to their bank details.
By entering their bank card numbers, the User consents to the Operator authorisation (15€) to debit their bank card for any sums due by the User pursuant to these GTU. The User hereby acknowledges and declares:
- that the bank card associated to their Account and the contact details are and remain valid;
- that they have the capacity, consent and power required to associate this bank card to their Account and be debited against said card for the Service fees.
At the start of the route, Stripe Inc. may debit a pre-authorisation on the User’s bank card to guarantee payment for the service.
In certain cases, this pre-authorisation may temporarily appear on the User’s bank account; said pre-authorisation will be removed at the end of the route to charge the final fee.
The Operator uses the services of Stripe Inc., a company that specialises in securing online payments by bank card. The payments are made via a PCI-DSS-certified secure payment interface. This company undertakes to maintain this certification (or any equivalent certification irrespective of any future name) and is liable for the security of the data belonging to the holders of the bank cards it collects or stores, processes or transfers in the name and on behalf of the Operator. The User is informed that the provisions on any fraudulent use of their bank card are as set forth in the agreement with their banking institution. The Operator will not under any circumstance be held liable for the fraudulent use of a User’s means of payment.
ARTICLE 5 – PARTIES’ OBLIGATIONS
The Service is accessible, subject to availability of the Bikes, throughout the territory, 7 days a week, from 6 am to 12 pm, except for situations of force majeure under the terms of article 1105 of the Spanish Civil Code or a decision by an administrative or court authority imposing a full or partial restriction, whether temporary or permanent, on the installation of a Station, the use of one or several Bikes or cycling traffic in the Service implementation territory. The Operator shall make its best efforts to inform the User in real time of the Service availability conditions via the Website or App
5.2.1 Restrictions on the Use of the Service
Access to the service is prohibited for minors under the age of 14, whether accompanied or not.
The Service is accessible for minors aged 14 to 18; their legal guardian may choose to pay for the use of the minor by registering their personal bank card on the minor’s account.
The legal guardian of any minor using the Service shall be liable for any damages directly or indirectly caused by the minor when using the Service.
As for all Users, minors aged at least 14 must have a personal account, a telephone number and an email address. It is hereby specifically stated that accounts are strictly personal, allowing the User to hire, use and return a Bike at any time in accordance with the conditions described below.
The User is thus prohibited from lending, renting or assigning their account.
The User is authorised to use the Bike in accordance with the terms herein, which particularly exclude:
- any use contrary to applicable traffic regulations, particularly the provisions of the Traffic Regulations;
- any use on terrain or under conditions that may damage the Bike;
- transporting any passengers whatsoever in any manner;
- transporting more than 5 kg in the basket on the front;
- any use of the Bike that may endanger the User or a third party;
- any dismantling or attempt at dismantling any or all of the Bike;
- Park the bicycles outside the designated station anchors;
- more generally, any abnormal use of the Bike.
The Bike may not bear a total load of more than 130 kg. The Operator reserves the right to automatically suspend access to the User account without any indemnity if there is suspicion the User is not respecting the conditions set forth in this article, particularly in the case of theft, vandalism or third-party endangerment.
In order to subscribe and use the Service, the User is invited to create an account by completing the registration form available on the App. Their telephone number and email address are used as identifiers; a 4-figure secret code will be sent to the phone number to confirm registration and be able to access the account.
The User is limited to one account per natural person. Creating an account is free of cost. The Operator reserves the right to demand supporting documents such as a copy of an identity card in order to confirm the account creation. The User is the sole party liable for their choice of login data as regards third-party rights, particularly identity theft or intellectual property rights as well as for maintaining the confidentiality thereof. If the login data are lost or forgotten, the User must contact Customer Service.
Accounts created are confirmed as quickly as possible after verification of the telephone number provided on the App.
To benefit from the Service, the User must register their valid personal bank card details.
They must also accept these GTU by ticking the box set up for such purpose.
The Operator hereby reserves the right to reject or cancel the creation of an account or access to the Service for any User who does not meet the requirements indicated in these GTU.
The User may access the Bikes only through the App. The App must be updated by the User to benefit from all the Service features.
He/she must enable geolocation as well as Bluetooth in order to book and hire a Bike.
The User undertakes to use the Service in a normal, private manner. As such, the User undertakes to use the Service wisely, diligently and with good judgement in respect of these GTU and the Traffic Code and any other applicable regulations.
Each rental may not exceed the Authorised Continuous Duration of Use. If there is any dispute as to the duration of use of the service by the User, the data returned by the Customer Service computer server shall be valid. Beyond the Authorised Continuous Duration of Use, the Bike is considered not returned and the Operator reserves the right to debit any penalty fees from the User’s bank account; the amount is 500 euros.
If there is an abusive break of more than 1 hour, the sum is 100 euros.
The User undertakes to store the Bike where it was hired. He/she must avoid any damages, destruction or disappearance. He/she must systematically lock the Bike with the break feature as soon as he/she stops and leaves the bike without supervision. The User undertakes to hire and return the Bike within the Authorised Continuous Duration of Use.
The User agrees in advance that any breach of this obligation gives the Operator the right to payment of a penalty, the definitive sum of which is established in accordance with the terms and methods provided for in article 8. If there is evidence of the use of a Bike contrary to the provisions of these GTU, the User undertakes to return the Bike at any time upon first request by the Operator or its representatives.
The User undertakes to notify the Customer Service as soon as possible of the loss or theft of the Bike or any other problem associated with a Bike or the use of their access code a maximum of 24 hours following any such event. In any case, they shall be liable for the Bike until the return thereof. Users are the sole parties liable for updating their personal contact details and any damages that may arise from a failure to communicate any such modification. In order to maintain access to the Service, the User undertakes to keep their bank card valid throughout the duration of the use of the service. If necessary, he/she shall update the details and expiry date of their card directly in their Account.
6.1 Termination due to a Breach by the User
The following are particularly considered breaches by the User:
- the use of an expired or invalid bank card;
- the non-payment of a part or all of the prices for a route or the entire sum for the Gijón service;
- any use of the service not compliant with these GTU.
If after notice to the User to cure any breach with no avail within a reasonable period, the Operator shall suspend access to the Service until the situation is remedied by the User.
During suspension of access to the Service, the User shall nonetheless remain liable for any routes previously completed.
If the Service is suspended for more than two (2) months, the Operator may terminate the Agreement.
ARTICLE 7 – SPECIAL CONDITIONS ON THE USE OF THE BIKES
7.1 Means of Borrowing a Bike at the Station
When hiring a Bike, the User must:
- Open the iOS or Android app on their smartphone
- Enable geolocation and Bluetooth, if not already done
- Enter the destination address
- Accept the bike hire, the price posted for the hire, as well as the parking means indicated in the app established based on the destination by clicking on the confirm button
- Find the bike booked by following the guidance in the app (the Bike is booked for the time it takes for the User to walk from their position to the Bike)
- Scan the QR code or manually enter the identification number
The Bike is unlocked via Bluetooth between the bike and the smartphone. If the unlocking works, the User will hear a sound signal.
If the Bike is at a Station, the User must press on the left brake to release the bike and use it.
If the Bike is not at a Station, the User may directly use the Bike.
If so desired, the User may use the smartphone support available on the handlebars and the App in order to get directions for their route. The User is liable for any damages caused to their smartphone if they fall or use the support improperly. If the support is visibly defective, the User should not use it.
7.2 Securing and Conserving the Bike
The Bike can be locked during hire. The User is hereby informed that in such case, the hire time continues to be deducted. To lock the Bike outside a Station, the User must press on the “Pause” button in the App. A sound signal indicates the Bike is locked.
The bike cannot be immobilised at a Station during hire; it must be placed on the kickstand.
In order to begin riding again and unlock the bike, the User must right click on the button mentioned in the App.
7.3 Returning a Bike to a Station after Hire
If, during the booking, the app indicates that the User must return the bike to a station, he/she must return to the station by following the itinerary and indications provided by the App.
Once at the Station, he/she must hook the Bike directly to the Station by inserting the front wheel in the notch provided for such purpose.
The User must ensure the Bike has been hooked properly by listening for a sound signal and must click on “End” in order to end their route.
If the operation is done correctly, the App will display a thank you screen as well as a summary of the price billed and give the User the possibility of recording their route.
If the User sees an error message, the bike may have been improperly returned. In such case, the bike return procedure should be done again.
If the User hears the sound signal yet still cannot end their route, they must contact customer service as quickly as possible.
A bike is not considered returned until the User sees a bike return and thank you confirmation message on their phone screen.
7.4 Returning a Bike Off Station after Hire
If during the booking, the App indicates that the User must return the bike off Station, the User must return the bike as close as possible to their destination in a public area.
The User must ensure the space used respects road sharing etiquette and does not disturb the circulation of other users.
The User must click on “End” in order to end their route.
If the App so requests, the User must take a photo of the Bike at a sufficient distance to see the full Bike.
If the operation is done correctly, there will be a sound signal indicating the Bike has been returned and the App will display a thank you screen as well as a summary of the price billed and give the User the possibility of recording their route.
A bike is not considered returned until the User sees a bike return and thank you confirmation message on their phone screen. The hire is still underway until the Bike is returned.
If the User is not able to return the bike, they must contact customer service as quickly as possible.
7.5 Change of Destination during Hire
If the User decides during their route not to go to the destination indicated upon hiring, he/she may directly go to the new destination without informing the App.
Upon arriving at the new destination, he/she must click on the “End” button in the App.
The App will then indicate to the User whether the Bike may be parked off Station or if he/she must go to a Station and follow the procedure indicated in 7.3 or 7.4.
7.6 Request for Emergency End of Route
Upon encountering a problem while enroute outside the customer service hours, the User may request the end of their route. He/she may click on the button “REQUEST END OF ROUTE” and complete the form. He/she must confirm acceptance and respect the emergency end-of-route conditions on the form to confirm the request. Once the form has been completed and the photo of the bike is sent, customer service will contact the user and regularise their route. In the event of abuse of this feature, the Operator reserves the right to bill them penalties in the amount listed in article 8 of these GTU.
For each territory, the Service Operation Area is indicated in the App. The User agrees not to end a hire except within the perimeter of the Service Operation Area. If a Bike is left outside the Service Operation Area, the User may be required to pay an indemnity under the conditions set forth in article 8.
If the User attempts to return a Bike outside the Service Operation Area, the App will indicate the nearest authorised return location. Otherwise, the User will not be able to return the Bike outside the Operation Area, the route will not be ended and the bike will remain the responsibility of the User. If the User leaves the Bike anyway, the Bike will be considered abandoned after 2 hours without movement.
The Service Operation Area is the central part of the operation area indicated in blue in the App. In this area, all users registered may use the service thanks to the energy available in the battery installed in the Bike.
ARTICLE 8 - LIABILITY AND PENALTIES
The User undertakes to respect these general terms of access and use of the service and return the Bike in the same conditions as found upon hiring.
The User hereby authorises the Operator to debit the following penalties in the event of a breach of the conditions defined below:
- bike theft: €2000;
- disappearance of the bike without justification after the start of hire: €2000;
- damage to the bike attributable to the User: a flat fee of €100 per Bike in addition to the price of purchasing parts that must be replaced;
- leaving the Bike outside the Service Operation Area: €50 in cities bordering the Service Operation Area, €100 beyond that;
- abusive pause (more than 1 hour): €100;
- abandonment of the Bike near a Station when parking is mandatory and possible: €50;
- requests for emergency route termination not respecting the conditions: €150.
The User declares to be capable of using a Bike and being in physical conditions for such use (sufficient size, good health, etc.).
As the Bike is under the responsibility of the User, he/she should do a basic check of the main functional elements prior to effective use of the Bike chosen, particularly including but not limited to:
- the security of the seat, the pedals and basket;
- the proper functioning of the bell, brakes and lighting;
- the good overall conditions of the frame and tyres.
Otherwise, the User must report any incident via their account in the App and/or through customer service.
The User declares having subscribed and holding civil liability insurance in effect guaranteeing the consequences of use of the Bike. The User is further recommended:
- to adapt the braking distance in the event of poor weather;
- to adjust the seat to their height;
- to wear an approved helmet and adapted clothing.
The User is the sole party fully liable for any damages caused by the use of the Bike during the Duration of Use including any excess of the Authorised Continuous Duration of Use in the event of a late return by the User. The parents or legal representatives of any minor registered for the Service shall be liable for any damages directly or indirectly caused by the minor when using the Service.
Any loan of more than 24 hours shall be considered a Bike disappearance until it is found, which may give rise to penalties under the conditions defined above. If the Bike for which he/she is liable disappears, the User is required to notify customer service of such disappearance within 24 hours following the initial hire and file a police report within 48 hours claiming the Bike theft and send a copy of such report to customer service.
If there is any accident and/or incident involving the Bike, the User must notify Customer Service of the facts as quickly as possible. The Bike shall remain their liability either until locked or, in lack thereof, confirmation of a remote lock request with customer service.
The User’s personal data shall be processed in accordance with the Operator’s confidentiality policy.
ARTICLE 10 - DISPUTE RESOLUTION
The GTU and relations between the User and Operator are subject to French law. To file a complaint, the User may contact Customer Service by using the form provided for such purpose on the Site or sending an email to bici@gijon.es or sending regular mail to Gijón Customer Service – Guillermo Marconi, nº 296 - puente Seco Roces - Gijón. The User shall have three (3) months after the disputed event to complete this procedure.
The Parties shall make their best efforts to find an amicable solution to any dispute between them.
Pursuant to article L. 612-1 of the French Consumer Protection Code, the Operator guarantees to the User the possibility of using a conventional mediation service or other alternative form of dispute resolution if a response gives rise to a prior written complaint to customer service.
In lack of an amicable resolution, any dispute relating to the interpretation, execution or breach of these GTU and/or relations between the User and Operator shall be submitted to the competent French courts irrespective of the plurality of defendants and/or introduction of third parties in the case, even for urgent proceedings or conservatory summary proceedings or petition.
ARTICLE 11 - APPLICATION AND ENFORCEABILITY OF GTU
These GTU apply to any use of the Service by a User and are available at any time at the address bici.gijon.es. The User undertakes to read the GTU and accept them before the first use of the Service and downloading the App. The User is hereby informed that simple use of the Service implies full acceptance without reservations of all the clauses in these GTU. He/she acknowledges being perfectly informed of the fact that their agreement with the content of the GTU does not require handwritten or electronic signing of a document. The Operator reserves the right to modify the GTU at any time without prior notice where it is understood that any such modifications will not be applicable to any subscriptions or use prior to such modifications. A failure by the Operator at any time to enforce any of these GTU shall not be interpreted as a waiver to later enforce any of these terms.
If any of the clauses of the GTU are fully or partially declared null, illegal or unenforceable, the other clauses shall remain fully in force. If the Service is entrusted to a company other than the Operator, the User agrees that these GTU shall be automatically transferred to the assignee, whomever that may be.