GENERAL CONDITIONS FOR ACCESS
AND USE OF THE KOBOO SERVICE

ARTICLE 1: PURPOSE OF THE KOBOO SERVICE

Operator contact details for KOBOO: 06 37 81 39 94

hello@koboo.fr

Opening hours: bicycles are available 24 hours a day, seven days a week; the help desk is open Monday to Saturday, 10 a.m. to 7 p.m.

ARTICLE 2: KOBOO STRUCTURE

2.1 The service consists of bicycles and bicycle docking stations owned by KOBOO.

2.2 Each virtual station allows for bicycle storage.

2.3 Each bicycle is numbered (number + QR code) for identification.

2.4 Bicycles can be returned to any station (virtual or physical).

ARTICLE 3: ACCESSING THE SERVICE IN PRACTICAL TERMS

3.1 ACCESSING THE SERVICE

To become a customer, new users must agree to these General Terms and Conditions of Use; users must download the KOBOO application and complete the following mandatory fields:
– The number of bicycles they wish to hire
– Information on the hire fee for the hire period
– The bank details form to pay the hire charge and the deposit
– The QR code scan on the bicycle or the bicycle number
They can then remove the bicycle from the dock

The Customer will have 10 seconds to remove the bike from the dock or anchor: the buzzer at the dock or anchor point will sound to confirm that the bicycle is available. If the bicycle is not removed within 10 seconds, the dock or anchor point will be automatically locked again and the Customer must then repeat the steps described in (6) above.

3.2 BICYCLE RETURNS

If the customer returns the bicycle to a physical station (docking station), they must push the bicycle back into the dock and then then tap the “End of hire” icon in the application. The customer will receive a message and an email confirming that the bicycle has been returned successfully. We recommend that when customers return their bicycles, they check that the bicycle is registered as successfully returned. Once they have returned their bicycle, the customer will receive an email showing the charge debited for the hire period.

If the customer returns the bicycle to a virtual station, they must lock the bicycle to an anchor point (arch) using the cable lock on a free-floating station. This means going to a virtual station, manually locking the padlock and tapping the “Return bicycle” icon in the application. The customer will receive a message and an email confirming that the bicycle has been returned successfully. We recommend that when customers return their bicycles, they check that the bicycle is registered as successfully returned. Once they have returned their bicycle, the customer will receive an email showing the charge debited for the hire period.

ARTICLE 4 – KOBOO BICYCLE CUSTOMERS

4.1 The service is available to persons over the age of 18 in possession of one of the

following bank cards:
– VISA
– Mastercard
– American Express
– 3DS

ARTICLE 5 – KOBOO BICYCLE AVAILABILITY

5.1 Customers may only use the service for a maximum period of 12 consecutive hours.

In the event of a dispute about the duration of use of the bicycle by the Customer, the data provided by the computer server belonging to the Service shall be decisive.

5.2 As long as bicycles are available, the Service will operate 7 days a week, 24 hours a day and without interruption for the hire and return of bicycles, except in the case of force majeure or any decision by the Service Provider following a total or partial, temporary or permanent restriction of bicycle traffic within the City boundaries by competent authorities.

ARTICLE 6 – COSTS AND PAYMENT TERMS

6.1 Bicycle hire fees are displayed on the customer information signs at each station.

6.2 The Customer shall pay the hire fee for the Service in proportion to the duration of their use of the Service. Any part hour will be charged as a full hour of use

ARTICLE 7 – CUSTOMER OBLIGATIONS

7.1 The Customer agrees to use the Bicycle as would any normally prudent, careful and informed individual, to use it solely in urban areas, for the purpose for which it is intended and in accordance with these General Terms & Conditions of Use.

7.2 The Customer shall assume responsibility for the bicycle they have hired and removed from the dock, and shall take every precaution to prevent the bicycle being lost or stolen.

7.3 The Customer agrees to return the Bicycle at the end of a maximum hire period of 12 hours.

7.4 The Customer agrees to inform the Service Provider as soon as possible of the loss, theft or any other problem related to the use of the bicycle by calling the Call Centre. They will do so within a maximum of 24 hours following such an incident, and the Bicycle shall in any case remain their responsibility.

ARTICLE 8: RESTRICTIONS FOR USE OF KOBOO BICYCLES

8.1 Customers are prohibited from lending, hiring out or transferring bicycles which belong to KOBOO, and/or from using bicycles in any other manner than that provided for in these General Terms and Conditions of Use.

8.2 Customers are expressly prohibited from allowing any third parties whatsoever from using bicycles belonging to KOBOO in any way whatsoever, whether for free or not.

8.3 The Customer is permitted to use the Bicycle according to these General Terms and Conditions of Use, provided they use the bicycle in a reasonable manner. This specifically excludes:

– Any use contrary to the provisions in the applicable highway regulations;
– Any use on surfaces or in weather conditions that are likely to damage the Bicycle;
– Applying a total load (Customer + contents of the basket) which exceeds 100 kg (manufacturer’s standard);
– The transportation of any passenger whatsoever and in any manner whatsoever;
– Any use of the bicycle that may endanger the Customer or third parties;
– Any dismantling or attempt to dismantle all or part of the Bicycle, and more generally, any abnormal use of a bicycle in an urban environment.

ARTICLE 9: CUSTOMER RESPONSIBILITIES AND DECLARATION

9.1 The Customer is solely and entirely liable for any damage caused by the Bicycle or the use made of it throughout the hire period. This shall continue to apply even if the authorised hire period is exceeded in the event of a late return by the Customer.

9.2 Any bicycle returned more than 10 minutes after the maximum 12 hour hire period ends (the hire period begins when the bicycle is removed from the dock or anchor point) will be deemed lost or stolen.

9.3 If a bike for which the customer is responsible is lost or stolen, the customer must notify KOBOO of such loss or theft within [time] by telephoning [no.] until such time as KOBOO receives a copy of the police report.

9.4 In the event of an accident and/or incident involving the Bicycle, the Customer is obliged to report this as soon as possible by calling the telephone number above. However, the Bicycle will remain the responsibility of the Customer until such time as it is locked to an anchor point at a station, or is handed over in person to a representative of the Service Provider. If this is not possible, the Customer must secure the Bicycle with the cable lock.

9.5 The Customer and, where applicable, their legal representative declare(s) that:

– They have the necessary skills and level of physical fitness to use a Bicycle,
– They are fully aware of the possible risks associated with using a Bicycle.

9.6 As the Bicycle is the responsibility of the Customer, the Customer agrees to perform a basic inspection of its main, visible, working parts prior to using the Bicycle they have hired and removed from the dock. This list of checks is not exhaustive, but they will in particular:

– Check that the seat, pedals and basket are securely attached;
– Test the bell, brakes and lights to ensure these work properly;
– Check that the bicycle frame and tyres are in good general condition;
– Check that the key and cable lock are present.

9.7 It is further recommended that the Customer:

– Adjust their braking distance in the event of wet weather;
– Adjust the seat height to suit their own height and morphology;
– Wear an approved safety helmet, a fluorescent safety vest and appropriate clothing.

9.8 The Customer declares that all information concerning them is accurate, and that they hold a civil liability insurance policy.

ARTICLE 10: SERVICE PROVIDER’S RIGHTS

10.1 KOBOO reserves the right to refuse access to the Service to anyone who does not comply with the provisions of these General Terms and Conditions of Use without the need to provide any other justification.

10.2 In accordance with the provisions in Articles 7, 8 and 9, all responsibility of KOBOO concerning the use that the Customer could make of a Bicycle, or any damage that the Customer could cause themselves or third parties as a result of using a bicycle, basket, or mobile phone rack is entirely excluded.

ARTICLE 11: FAULTY PRODUCTS

The Customer acknowledges that the Service Provider, as the designer and owner of the Bicycles, is not the manufacturer and, as such, cannot be held responsible for any manufacturing-related faults with the Bicycle. The Bicycles put into service by the Service Provider comply with Decree No. 95-937 of 24 August 1995 on the prevention of risks arising from the use of bicycles.

ARTICLE 12: PENALTIES

12.1 BICYCLE USERS

12.1 (a) At the start of each hire, the Customer authorises KOBOO to debit an advance flat fee of EUR 200 in the following cases and under the following conditions which are detailed and listed exhaustively below: wear and tear, fraudulent use and/or theft of the Bicycle for which the Customer is responsible, or any other failure of the Customer to comply with these General Terms and Conditions of Use.

12.1 (b) Any penalties are payable upon first request by KOBOO in the event of any breach of the Customer’s obligations under these General Terms and Conditions of Use.

12.2 If the Customer breaches these General Terms and Conditions of Use, the Service Provider shall debit the sum which the Customer has agreed to in advance, or has paid as a deposit, and will refund any overpayment of sums specified in the Articles below within a a reasonable time.

12.3 The Customer agrees to inform the Service Provider of any changes to their relationship with the issuer of the bank card being used, or which the Customer has named in these these General Terms and Conditions of Use, where such changes may prevent the bank from authorising a successful withdrawal via said bank card during the validity period.

ARTICLE 13 – DATA PROCESSING AND THE DATA PROTECTION ACT

The Service Provider is responsible for data processing and will automatically process personal data as part of the process to manage self-service bicycle users.

The data collected are essential for this processing and will be used by the Service Provider’s relevant departments.

In application of the Data Protection Act of 6 January 1978, the Customer has the right of request, access, rectification and the right to object on legitimate grounds concerning all data about them; they are entitled to exercise these rights in writing to: KOBOO, 59, Boulevard Léon Jouhaux 63100 CLERMONT FERRAND, FRANCE. A copy of an identity card must be enclosed.

ARTICLE 14: MANAGING DISPUTES

In the event of a claim, the customer may contact VELIBLEU by writing to the address below:

KOBOO

59, Boulevard Léon Jouhaux

63100 CLERMONT FERRAND, FRANCE

The Customer will have two (2) months from the disputed event to do so.

These General Terms and Conditions of Use are subject to French law. Any dispute concerning the execution and consequences of these General Terms and Conditions of Use will be subject to the jurisdiction of the competent courts, including in the case of emergency proceedings, warranty proceedings or multiple defendants.

ARTICLE 15: GDPR

The Service Provider, as the data controller, will automatically process personal data as part of the process to manage self-service bicycle users.

The data collected are essential for this processing and will be used by the Service Provider’s relevant departments.

Customer account will be deleted 24 months after they are last used. Contact data will be used to keep the Customer/user informed of developments in the service.

Usage data – hire details such as the duration, price, place of departure, etc. and journey details – will be anonymised every 6 months. These data will be used to generate statistics about how the service is being used.

In application of this regulation, the customer has the right of request, access, rectification and the right to object on legitimate grounds concerning all data about them; they are entitled to exercise these rights in writing to:

KOBOO

59, Boulevard Léon Jouhaux

63100 CLERMONT FERRAND, FRANCE

A copy of an identity card must be enclosed.

ARTICLE 16 – AMENDMENTS TO THESE GENERAL TERMS AND CONDITIONS OF USE

Customers will be systematically informed of any amendments to these General Terms and Conditions of Use.