GENERAL CONDITIONS OF ACCESS
& USE OF THE VELONECY 60′ SERVICE

ARTICLE 1: PURPOSE OF THE VELONECY 60′ SERVICE

The purpose of the Vélonecy 60′ service is to make electrically assisted bicycles available for short term use via 9 humanised bicycle stands located around Lake Annecy. Its purpose is to encourage the use of bicycles for short-distance travel during the summer period.

This Greater Annecy service is implemented by Vélonecy situated:
Place de la Gare
74 000 ANNECY
Tel: 04 50 51 38 90

The VAE (electrically assisted bicycles) are available from 7.30am to 8pm and 7 days a week from 01 June 2021 to 30 September 2021. You can contact the Vélonecy assistance service from Monday to Saturday from 9am to 1pm and from 2pm to 6.30pm on 04 50 51 38 90.

ARTICLE 2: STRUCTURE OF THE SERVICE

The service is made up of 9 bike stations and 200 electrically assisted bicycles (VAE), owned by the Greater Annecy Urban Community.

Each bike is identified by a number and a QRCode.

Bikes can be picked up and dropped off at any of the stations.

Bikes are hired via the Vélonecy 60′ application.

ARTICLE 3: PRACTICAL DETAILS OF THE SERVICE

3.1 Access to the service :

To access the service, the customer must have a smartphone, allowing him to download the Vélonecy 60′ application.

To become a client of the service, the new user accepts these G.C.U.; he must download the Vélonecy 60min application and register for the service by filling in the necessary fields as he goes along.

3.2 Provision of the bicycle :

The bike is made available by a Vélonecy agent or by a Bon wagon agent in one of the 9 bike stations. This actually begins when the customer scans the QR code affixed to the bike, which triggers the start of the service and the bike’s time of use counter. This action must be done in front of the Velonecy agent for the bike to be made available. The customer must be able to use the bike that is made available to him and be familiar with its functions. They may ask the bike station agent for all the information necessary to understand how the bike works. The bicycle handed over by the bike station agent is considered to be in good working order.

3.3 Return of the bicycle :

When the customer returns the bike, he may do so at any of the 9 stations in the Vélonecy 60 minutes network.

For the return to be effective, the customer hands the bike to the Vélonecy 60′ agent and then closes the rental on the application by flashing the QRcode affixed to the bike in front of the Vélonecy agent. The customer receives a notification on their phone and an email indicating the return of the bike.

The bike can only be returned within the perimeter of the bike station and during the opening hours of the bike station. Otherwise, the user will not be able to terminate the rental. (The timer cannot be stopped). The Vélonecy agent will check that the bicycle is in good working order when it is returned. If he finds any damage due to the use made by the customer, penalties may be applied in accordance with article 12 of these GCU.

In case of need, the customer can contact the different stations on the following numbers between 8am and 8pm:

Quai de la Tournette 06 72 97 37 94
Courier 06 72 97 37 36
Annecy le Vieux 07 88 22 48 43
Veyrier 06 72 97 36 74
Menthon 06 72 97 37 16
Talloires 06 72 97 37 86
Saint-Jorioz 06 72 97 36 82
Sevrier 06 72 97 38 39
Duingt 07 88 22 57 00

ARTICLE 4 – CONDITIONS OF USE OF THE SERVICE

4.1 Users of the rental service :

The electrically assisted bicycle hire service is reserved for individuals of legal age. Minors must be accompanied by an adult.

4.2 Limitations of the service :

A customer may use the Vélonecy 60′ service several times a day during the period when the service is open from 7.30am to 8pm. However, there is a 20 minute delay between two rentals. During this time, the customer will not be able to hire a new bike.

ARTICLE 5 – AVAILABILITY OF BIKES

The user may use the service several times during the day. However, the hire service cannot guarantee the availability of bikes if they are all in use or being serviced.

It is not possible to reserve bicycles.

ARTICLE 6 – COSTS AND PAYMENT TERMS

6.1 Terms of payment for the hire:

Payment for the hire is made by the following credit cards

– VISA

– Mastercard

– American Express

6.2 Rental rates :

The rental rates are detailed in the table below.

From 121 min to 130 min: 53€.

From 131 min to 140 min: 56€.

From 141 min to 150 min: 59€.

From 151 min to 160 min: 62€.

From 161 min to 170 min: 65€.

From 171 min to 180 min: 70€.

ARTICLE 7 – CLIENT OBLIGATIONS

The customer undertakes to collect and return the bicycle within the authorised period of use (7.30am – 8pm). The last possible rental will be at 7pm at the latest.

The customer accepts in advance that any failure to comply with this obligation will entitle Velonecy to payment of a fixed penalty of 150 euros, which is the amount of the deposit.

The customer undertakes to use the bicycle as a normally prudent, diligent and informed person in compliance with these G.C.U.

The customer assumes custody of the bicycle that he/she has collected and undertakes to do everything possible to prevent its disappearance.

The customer undertakes to notify the service provider as soon as possible of the loss, theft or any other problem relating to the use of the bicycle and at the latest within 24 hours of the occurrence of the event at the following email address: 60minutes@velonecy.com; the bicycle shall in any event remain under the customer’s responsibility.

ARTICLE 8: RESTRICTIONS ON THE USE OF BICYCLES

It is forbidden for the customer to lend, hire out or transfer his or her bicycle, which is the property of Vélonecy, and/or to use it in any way other than that provided for in these GTC.

The customer is expressly forbidden to allow the use, free or otherwise, of the bicycle owned by Vélonecy by any third party.

The customer is authorised to use the bicycle in accordance with the terms of these G.C.U. provided that he makes reasonable use of it, which excludes in particular :

any use contrary to the provisions of the applicable road regulations
Any use on land or in conditions likely to damage the bicycle
Any total load exceeding 100kg (manufacturer’s standards)
The transport of passengers in any way whatsoever
Any use that may endanger the customer or third parties

ARTICLE 9: RESPONSIBILITIES AND DECLARATION BY THE CUSTOMER

The customer is solely and entirely responsible for any damage caused by the bicycle or for the use made of it during the entire period of use, including when this exceeds the authorised period of use in the event of late return by the customer.

In the event of theft of the bicycle for which the customer is responsible, the customer must report this disappearance to Vélonecy within one hour at the e-mail address 60minutes@velonecy.com and file a complaint for theft with the police within 24 hours, the bicycle remaining under the customer’s full and complete responsibility until a copy of the said complaint is sent to Vélonecy.

In the event of an accident and/or incident involving the bicycle, the customer is obliged to report the facts as soon as possible. However, the bicycle shall remain under the customer’s responsibility, either until it is locked to a piece of street furniture at the station, or until it is handed over in person to a representative of the service provider. Failing this, the customer must secure the bicycle using the anti-theft device provided by the Vélonecy 60 minutes team (2 anti-theft devices at his disposal, one to block the rear wheel and a second with a cable to guarantee the security of the bicycle twice.

The client and, if applicable, his legal representative declare that they
– that they are able to use and are physically fit to use a bicycle
– they are fully aware of the possible risks associated with the use of a bicycle

As the bicycle is placed under the responsibility of the customer, the latter undertakes to carry out, prior to the actual use of the withdrawn bicycle, a basic check of its main apparent functional elements, and in particular (non-exhaustive list) :
– the correct attachment of the saddle, pedals and basket ;
– the proper functioning of the bell, brakes and lighting
– the good general condition of the frame and tyres;

It is also recommended that the customer :
– adjust the braking distance in case of bad weather;
– Adjust the saddle to the correct height for the rider’s body type;
– to wear an approved helmet, a fluorescent safety waistcoat and suitable clothing.

The client declares that all the information concerning him/her is correct and that he/she has a civil liability insurance policy.

ARTICLE 10: RIGHTS RESERVED TO THE PROVIDER

Velonecy reserves the right to refuse access to the service to anyone who does not comply with these G.U.C., without being required to provide any other justification. G.U., without being required to provide any other justification.

In accordance with the provisions of Articles 7, 8 and 9, any liability of Vélonecy relating to the use that the customer may make of a bicycle, or for damage that the customer may cause to himself or to third parties as a result of the use of a bicycle, is entirely excluded.

ARTICLE 11: DEFECTIVE PRODUCTS

The client acknowledges that the service provider, as designer and owner of the bicycles, is not the manufacturer and that, as such, it cannot be held liable for any defects in the bicycle related to its manufacture. The bicycles put into service by the service provider comply with decree no. 95-937 of 24 August 1995 relating to the prevention of risks resulting from the use of bicycles.

ARTICLE 12: PENALTIES

At the beginning of each rental period, the customer authorises FRANCE VELO CONNECTE in advance to request the deduction of a fixed amount of 150 €, in the cases and according to the conditions detailed below and limited to the following: damage, fraudulent use and/or theft of the Bicycle for which the customer was responsible or any other breach by the latter of the present C. G.U.

The corresponding amount of the penalties is payable at the first request of FRANCE VELO CONNECTE, in the event that the customer is found to have failed to meet its obligations under these GTC. G.U.

The nature and/or amount of the penalties due to the service provider by the customer in the event of the latter’s failure to comply is as follows:
– in the event of damage and theft with damage to the anti-theft device during a one-minute stop or theft with violence to the person: the person who hired the stolen bicycle must pay €35 (the receipt of the complaint filed at the police station being proof of this)
– Non-return of the bicycle: €150

In the event of damage to the bicycle by the user (beyond the scope of wear and tear of the bicycle):

A fee schedule is provided below listing the main elements that may be damaged:

In the event of a breach by the customer of these conditions, the service provider shall collect the amount previously agreed or deposited as a deposit by the customer, and shall pay back to the customer within a reasonable period of time any overpayment in relation to the amounts defined in the above articles.

The Client 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 in these C. G. A. U., likely to affect the proper use of the bank card or the direct debit authorisation granted by the said bank during the period of validity.

ARTICLE 13: CONFIDENTIALITY AND USE OF PERSONAL DATA

The personal information provided when subscribing to the contract is processed by Koboo, the data controller, and by its subcontractors located in the European Union.

Koboo takes all physical, organisational and technical measures necessary to protect and secure your personal data, and requires its subcontractors to provide equivalent guarantees.

The customer has rights relating to the processing of data (opposition, access, rectification, deletion, limitation, portability)

The Provider, as the data controller, implements automated processing of personal data for the management of bicycle users.

The data collected is essential for this processing and is used by the relevant departments of the Provider. In accordance with the RGPD regulation, the data are stored on a server specific to KOBOO and secured in France.

In application of the regulation, the user has a right of interrogation, of access, correction and opposition for legitimate reasons relating to the whole of the data relating to it, which it can exert by postal way near

France Vélo Connecté – KOBOO
74, AVENUE EDOUARD MICHELIN, 63100 CLERMONT-FD

Enclosing a copy of an identity document.

Complaints: without prejudice to any other legal remedy, the customer has the right to lodge a complaint with the supervisory authority of the European Union country in which he/she resides, works or in which he/she considers that a violation of his/her rights has been committed. For France: www.cnil.fr

Bicycles available for hire can be geolocated:

As part of the quality of the service and the monitoring of the community policy, the geolocation of bicycles makes it possible to provide user data to improve the service provided to the population and the knowledge of cycling in the territory of the « Greater Annecy » Urban Community. As specified below, the data will be anonymised before being processed. However, the user may object to the data being transmitted when accepting the CGAU.
In the event of theft or disappearance of the bicycle, the operator may lift the anonymisation of the data as described below

The geolocation data is not accessible to Koboo staff or its subcontractors.
The data is anonymised and stored on secure servers located in the European Union.

Anonymity will only be removed in two cases:
– Theft of the bicycle. The user must report the theft of the bike to the Velonecy team at the following email address: 60minutes@velonecy.com to obtain the bike’s location. The user undertakes to provide a complaint declaring the theft within 48 hours of having noted the facts. As soon as the bicycle is found or certified as non-recoverable, the personal data is erased and the anonymisation reactivated.
– In the event of non-return at the end of the rental period, in the context of legal proceedings. The data is destroyed 3 months after the bike is returned.

The legal basis for the processing is the legitimate interest (fight against theft).

In addition, anonymised geolocation data (non-reversible anonymisation) is used for statistical purposes, without time limit. No route can be affiliated to a user by Koboo and its subcontractors.

ARTICLE 14: SETTLEMENT OF DISPUTES

In case of complaint, the user can contact KOBOO by letter sent to the address indicated:

France Vélo Connecté

74, avenue Edouard Michelin, 63100 CLERMONT-FERRAND

Article 15: MODIFICATIONS OF THE PRESENT C.G.U

Users shall be systematically informed of any modification of these G.C.U. by posting. G.C.U. by posting.