TERMS OF SERVICE GENERAL CONDITIONS OF USE TERMS OF SERVICE GENERAL CONDITIONS OF ACCESS AND USE
* GENERAL CONDITIONS OF ACCESS AND USE (G. C. A.U.) OF THE VELOPOP' SERVICE
ARTICLE 1 - Purpose and structure of Velopop service
1.1 Velopop' is a service set forth by the Grand Avignon (Organizing Authority). This service has been entrusted to the operator SPL TECELYS. Velopop service allows access to bicycles for short-term automatic rentals corresponding to the bicycle rental system of terminals and parked in free access on public roads.
1.2 Contact details of Velopop' (SPL TECELYS)
Mailing address: SPL TECELYS - Service Velopop' - 110 Rue Gallias CS 50200 84918 Avignon Cedex 9.
Physical Address: Boutique Orizo - 1 Avenue de Lattre de Tassigny - 84000 Avignon. Telephone: 04 32 74 18 32 (local call rate)
Email : on velopop.com or Velopop app - Website: www.velopop.com
ARTICLE 2 - Terms of ac cess to the Velopop service
Velopop' service is open for strictly urban use and for areas open to road traffic, excluding mountain bike practices or unsuited to the practice of "city" cycling (descending stairs, green spaces...) and, where applicable, sanctioned by the Road Code.
It is open to all subscribers and occasional users. By accessing it, the user agrees to comply with the G.C.A.U. and accepts them without any restriction.
The service is accessible to users over the age of 16, recognizing being able to practice cycling and have no medical contraindications. Minors under the age of 18 using the service are deemed to be authorized by their legal representatives,
Although not mandatory, the wearing of protective equipment (helmets, gloves, reflective vests...) is highly recommended.
Under these conditions the user undertakes, for oneself or for the persons under his care, to assume any responsibility for any damage caused directly or indirectly using f the service.
It prohibits any repair, modification or transformation that could make the bike unsuitable for its purpose.
The legal guardian of a minor under the age of 18 undertakes, under these conditions, to assume all liability for any damage caused directly or indirectly by the minor when using this service.
- Short term rental
• The user subscribes to Velopop 'for a period of one year only, accessing the service by Internet or through the Orizo agency . The subscription is activated after and only the user’s identification and acceptance of the transaction by the user’s bank.
• The subscriber is the holder of the Orizo card for a full annual Velopop’ service according to the subscription chosen the through the Orizo agency.
. The subscription is activated after identification and acceptance of the transaction by the user’s
bank.
• The casual user subscribes for a short period of maximum 7 days through Internet, without a subscription card, with an access code issued after identification and acceptance of the transaction by the user’s bank.
- The access codes and the subscription are strictly personal, allowing user to withdraw, use and return a bike. The user is the guardian of the bike used as part of the Velopop service.
- The user authorizes SPL TECELYS to make withdrawals from the account of the associated bank card, entered on the Website or mobile app.
ARTICLE 3 - Availability of the service
Short-term rental or self-service bike (VLS)
- A personal access code is assigned. It is valid for 24 hours for the "day" form and one week for the "7 days" form, after the acceptance of the transaction by the user’s bank.
- The subscription is valid for one year from its date of computer creation.
- In case of dispute on the duration of use of the bike by the user, only the data delivered by the computer server of the service Velopop' will prevail.
- The service is accessible 24h / 7 in the limit of the bicycles availability in each station without interruption except in case of major force or elaboration by the competent authorities of a total or partial, temporary or definitive restriction, of the cycling circulation.
ARTICLE 4 - Cost and terms of payment to services
- The price of the service includes a right of access and a rate according to the duration of use of the bicycle, defined below.
- The rates detailed in this article are valid from May 1, 2019, they can be are reviewed at any moment and are not applicable to subscriptions in progress. Their application is immediate as soon as they are posted on the website, the service access points and Velopop' agents.
- At the request of the user, proof of payment may be established by SPL TECELYS.
4.1 Short Term Rental
| Access Permission | 1ère ½ heure |
1st half hour Every additional ½ hour |
||
| Occasional rental: 2 Formulas: - day: 24 consecutive hours - week: 7 consecutive days |
1 € / day 5 € / 7 days |
+ | 0.5€ | 0.5 € |
| Annual subscription | 15 € / year * | + | free | 0.5 € |
Occasional rental: Access to occasional rental (up to 4 bicycles maximum) for 1 day or 7 days package, is acquired on the WEB site of Velopop' via internet, using any computer support. The payment due by the user occurs at the expiry of the maximum period of validity, on the account of the associated credit card declared by the contractor. This regulation includes the price of the chosen formula, bicycle consumption and any penalties for damage, loss, theft or destruction of the cycle (s), object of the rental.
- Annual subscription: To be able to subscribe an annual subscription Velopop' the user will have necessarily to hold a "Orizo" card, support which it will have to be previously acquired at a Orizo agency. Access to the rental is then made as for occasional rental via the Internet, on the WEB site of Velopop', after acceptance of the user’s bank. The levy of the total amount of the subscription is immediate, the consumption by bike beyond the first half-hour free and the possible penalties (article 4.5) deducted as and when, throughout the duration of the subscription contracted.
4.2 - Payment of damage caused by the user
In the event of deterioration noted by the user, the cost of repairing the damaged bicycle will be charged to the user and for the short term, will be deducted from the account of the associated bank card declared by the contractor on the Velopop' WEB site. The user will be invited to report to the agency Velopop' for a contradictory inventory of the bicycle concerned. An indemnity of 50 € may be levied by Velopop' as a guarantee, pending acceptance of the assumption by the user and the regularization of damage. It will then be returned after full compensation for the penalties applied. If the amount of the penalties is higher than the compensation received and in case of refusal of the user to submit to it,Velopop' will request the French Public Treasury to recover the full amount due.
The following grid sets the amounts of the penalties that must be paid by the user, depending on the nature of the damage caused:
| Nature of the damage | Price |
| Disappearance / Loss of the bicycle / Complete destruction of the bicycle / Cost of the purchase of a new bicycle. |
500 € |
| Degradation requiring heavy repair (broken frame, fork) |
200 € |
| Degradation requiring medium level intervention (crank set, hub, transmission, derailleur, broken rim or wheel) |
100 € |
| Small damage (basket, taillights and front, puncture due to misuse, mudguards, pedals, saddle, handle, brake lever, lock, doorbell, accessories, loss of antitheft lock) |
50 € |
| Loss or degradation of the key (padlock fork, antitheft lock) |
25 € |
4.3 - Payment of damage caused by the user
In the event of deterioration noted by the user, the cost of repairing the damaged bike will be charged to the user and will be objected for the short term be deducted from the account of the associated user’s bank card declared by the contractor on the Velopop' WEB site. The user will be invited to report to the agency Velopop' for a contradictory inventory of the bike concerned. An indemnity of 50 € may be levied by Velopop' as a guarantee, pending acceptance of the assumption by the user and the regularization of damage. It will then be returned after full compensation for the penalties applied. If the amount of the penalties is higher than the compensation received and in case of refusal of the user to submit to it, Velopop' will request the French Public Treasury to recover the full amount due.
ARTICLE 5 - Obligations of the Parties
5.1 Obligations of the SPL TECELYS
5.1.1 The SPL TECELYS undertakes to provide the Services on the terms and conditions set forth in this G.C.A.U.
5.1.2 The SPL TECELYS undertakes to use its best efforts to ensure the permanence and quality of the service offered. Velopop', however, provides only an obligation of the means.
5.1.3 The SPL TECELYS can not be held liable for the services:
• in case of misuse by the user of the services offered,
• in the event of non-compliance by the user of his obligations under the terms of the present G.C.A.U.
• if the service is used by an unauthorized person (especially in case of theft or loan of a mobile phone),
• in the event of breakdowns, overloads, malfunctions or maintenance suspensions affecting the GSM (Global System for Mobile communications), GPRS ( (General Packet Radio Service) , imode, SMS or any new generation of networks operated by the mobile operator of the mobile public radio networks,
• in case of major force.
5.2 Obligation of the user
5.2.1 The user undertakes to use the bike with care and to respect the present G.C.A.U. The user also agrees to use the bike within the limits of the territory of Grand Avignon, in accordance with the purpose for which it was designed. It prohibits in particular any use contrary to the
provisions of the applicable road regulations, any use on grounds or in conditions likely to damage the bicycle; any load exceeding 15 kg (basket content); the transportation of any passenger whatsoever, in any way; any use of the bike that may endanger the user or third parties; any disassembly or attempt to disassemble all or part of the bike and more generally, any abnormal use of a bicycle in an urban environment.
5.2.2 The user takes custody of the bike rented and undertakes to make every effort to avoid its disappearance (especially in the event of a temporary stop when renting the bike), and undertakes to systematically lock the bike lock system and attach it to a fixed point as soon as it interrupts the use.
5.2.3 The user undertakes to return the bike within the period of the chosen duration of use. In the event of non-return of the rented equipment (delay greater than 24 hours), The SPL TECELYS reserves the right to consider the bike as lost, to receive a guarantee indemnity of 150 € as well as the penalties of delay and to charge the lost bicycle following the description in Article 4, after informing the user. In the event of damage to the rented equipment, the amount of the damage suffered will be paid by the user in accordance with the clauses stipulated in article 4.
5.2.4 The user undertakes to return the bike at any time, at the first request of the SPL TECELYS made by telephone or by email / mail.
5.2.5 The user undertakes to declare any loss, theft or other issue relating to the rented equipment and to report it to the agency Velopop' at Avenue de Lattre De Tassigny on the app, the site or by phone at +33 ( 0) 4.32 .74.18.32, as soon as possible, and within a maximum of 12 hours following the occurrence of the event, the bike remaining in any case under its responsibility according to the terms of articles 5 and 7 of these G.C.A.U. The user agrees in case of theft to declare it and file a complaint with the competent authorities.
ARTICLE 6 - Restrictions on the use of the service
- It is forbidden for the user to lend, rent, sublet or offer the bicycle.
- In the same way, for self-service bicycles, it is forbidden for the user to lend, rent, sub-let or give
away the access code or subscription card and / or to use any other than that provided for in these Terms
- In self-service, the user who misplaces his access codes for occasional rental forms (Article 4.1) loses his right to rent.
- In the same way, the "Orizo" card made unusable or lost due to the user will be replaced by the latter with authorized operators for the payment of a duplicate according to the tariff in force. The bicycle subscription can then be reconstituted.
ARTICLE 7 - User Responsibilities & Declarations
- The user or the legal representative is solely responsible for the damage caused by the bicycle or the use made of it during the entire period of use, including when it exceeds the authorized rental period (24h00) in the event of late return by the user.
- Any delay greater than 24 hours (delay starting at the time of withdrawal of the self-service bike) is considered as a case of disappearance of the bike.
- In the event of the disappearance of the bike for which the user is responsible, the user has the obligation, as defined in article 5, to report this disappearance, the bike remaining under the user’s full responsibility.
- In case of accident and / or incident, including mechanical one involving the bicycle, the user has the obligation, as defined in Article 5, to report the facts as soon as possible to the Orizo agency. However, the bike remains under the user’s responsibility until its return.
- For self-service bicycles, the retired bicycle being placed under the responsibility of the user, the latter undertakes to carry out, prior to the actual use of the bicycle, a basic verification of its main visible functional elements, in particular and in a non-limiting way: the good fixation of the saddle, the pedals; the operation of the bell, brakes and lighting; the good general condition of the frame and the tires.
- When taking the bicycle, the user has 6 minutes, from the moment the key is taken , to check the general condition of the bike. Beyond that, it will be considered the user’s responsibility for the observed deterioration.
- It is further recommended to the user to adapt the braking distance in case of rain; adjust the saddle; to adjust the height to the user’s morphology; to wear an approved helmet and the appropriate clothing.
- The user declares that all information given is accurate, to be able to use and have the physical fitness adapted for the use of a bicycle, to be fully aware of the possible risks linked to an intensive use of a bicycle and in particular that it satisfies the conditions required in articles 2 and 7 above, that it is indeed holder of an insurance civil policy and that insurance company has been informed of these G.C.A.U.
- The user agrees to immediately notify Velopop', or to make the necessary changes to the account of the associated website and any change in mobile phone details. Otherwise, the user will not be able to rely on Velopop' for any reason whatsoever, suspension, interruption or malfunction of services. More generally, the user must first inform Velopop' by means at his disposal (telephone, internet account) of any change affecting the information necessary to manage his subscription (address, information related to the associated bank account, tariff profile...). Otherwise, no malfunction consequence could be blamed on Velopop’.
ARTICLE 8 - Rights Reserved to the SPL TECELYS
- SPL TECELYS reserves the right to deny access to the service to anyone who does not comply with these G.C.A.U. without being required to provide any justification.
- In accordance with the provisions of sections 5, 6 and 7, any liability of the SPL TECELYS related to the use that the user could make to a bicycle or injury that the user could incur or to third parties is completely excluded.
ARTICLE 9 - Penalties
- The user agrees to report by all means, any change in his report with the institution issuing the bank card used or with the bank whose contact details were provided in the context of these G.C.A.U. likely to assign during the period of validity the successful completion of the debit authorization granted by the said bank.
- The compensation of 150 € under the guarantee of recovery, will be debited in accordance with the provisions of articles 4 and 5 hereof. A recovery of funds will be issued in case of non-return of the bike, at the end of the period of rental, damage, theft or misuse of the bicycle. The indemnity or the deposit can be returned only after regularization of the situation of the user.
- In the event of non-regularization of the user's situation, on December 31of the year following the year of occurrence of the event, the indemnity or the deposit will be definitively acquired by SPL TECELYS.
ARTICLE 10 - Confidentiality of data
the SPL TECELYS undertakes to comply with the regulations in force regarding the processing and storage of personal and confidential data, and in particular the law of January 6 1978 "Information Technology and Freedom". In accordance with this same law, the user has the right to access and rectify all personal information by writing to the following address:
SPL TECELYS - Service Velopop' - 110 Rue Gallias CS 50200 84918 Avignon Cedex 9
ARTICLE 11- Dispute Resolution
The user may make a claim within the legal deadlines in effect from the date of the facts about which the claim was made. The present G.C.A.U are subjected to French law. Any dispute concerning their execution and their consequences will be submitted to the competent administrative jurisdiction. Any prior complaint must be sent to the following address: SPL TECELYS - Service Velopop' - 110 Rue Gallias CS 50200 84918 Avignon Cedex 9.
ARTICLE 12 - Amendments to the present G.C.A.U
The users of the service will be informed of any modification of the present G.C.A.U. on the website of the service www.velopop.fr and any other information support deemed useful.