GENERAL CONDITIONS FOR ACCESS
AND USE OF THE
” VELO DE PAYS Destination Gers –
ASTARAC ARROS EN GASCOGNE ” SERVICE
ARTICLE 1 – PURPOSE AND STRUCTURE OF THE ” VELO DE PAYS Destination Gers – ASTARAC ARROS EN GASCOGNE ” SERVICE
The provision of six electrically assisted bicycles is a service offered by the Astarac Arros Community of Communes in Gascogne. This service allows, after downloading and registration on a dedicated application, access to electric bicycles for tourist discovery.
The service consists of six e-bicycles (EAB), their locking and recharging terminal and his accessories (padlock, mobile phone holder, etc.) as well as the bike shelter. Each bike is numbered (number + QR code + bicycode) in order to be identified.
All these elements are the property of the Community of Communes Astarac Arros in Gascony.
Contact details of the service provider :
Communauté de Communes Astarac Arros en Gascogne
Address: 19 avenue de Gascogne, 32730 VILLECOMTAL SUR ARROS
Email : firstname.lastname@example.org or email@example.com
Opening hours: from Monday to Friday, from 9am to 12.30pm and from 1.30pm to 5pm.
Contact details of the operator of the service:
France Vélo Connecté / Koboo
Address : 3 place Renoux, 63000 CLERMONT FERRAND
Phone : 06.37.81.39.94
Email : firstname.lastname@example.org
Website : koboo.fr
Opening hours : assistance is available 7/7 from 9am to 6pm.
ARTICLE 2 – TERMS OF ACCESS TO THE SERVICE
The service is accessible to all adults who acknowledge that they are fit to cycle and who are not subject to any medical contraindication to cycling.
Minors using the bicycles are under the responsibility of a referring adult and must be fit to cycle and not be subject to any medical contraindication to cycling.
The use of the service in its entirety implies the unreserved acceptance of the conditions of these C.G.A.U.
The reservation, unblocking and return of bicycles as well as access to the associated tourist routes is done by downloading the “Vélos de Pays Destination Gers – Astarac Arros en Gascogne” application, using a flashcode and account creation system.
ARTICLE 3 – AVAILABILITY OF THE SERVICE AND PRACTICAL TERMS OF ACCESS TO THE SERVICE
The customer can access the service 24 hours a day, 7 days a week, within the limit of the bicycles available without interruption, as soon as he has created his account on the “Vélos de Pays Destination Gers – Astarac Arros en Gascogne” application, except in cases of major force or a decision by the Provider following the enactment by the competent authorities of a total or partial, temporary or definitive restriction on bicycle traffic on the territory of the Community of Communes. The Client may only use the Service for a maximum of 48 consecutive hours.
In the event of a dispute regarding the duration of use of the Bicycle by the Customer, the data provided by the Service’s IT server shall be deemed authentic.
The Customer acknowledges that he/she is up to date with his/her civil insurance.
In order to take a bicycle, various steps are necessary:
- Download the dedicated application “Vélos de Pays Destination Gers – Astarac Arros en Gascogne”, available on Play Store and Apple Store ;
- Create your account; – Select the chosen bike;
- Get information on the rental price according to the rental period;
- Fill in the credit card fields for payment and deposit;
- Flash the QR code of the bike or enter the bike number on the application;
- Take out the bike; – Pedal!
The Customer has 10 seconds to pick up the Bike from the Dock; the Dock’s buzzer sounds a signal to confirm the availability of the Bike; if the Bike is not removed within 10 seconds, the Dock locks again automatically; the Customer must then repeat the procedure described above.
To return a Bicycle after use, new steps must be followed :
- Hang up the bike to the bike dock until you hear a “beep” sound ;
- Receive a notification indicating that the bicycle has been returned correctly;
- Receive an email indicating the amount debited corresponding to the rental time.
After returning the bike, it is recommended that the customer checks on the application that the bike has been returned successfully.
If necessary, assistance is available 7 days a week from 9am to 6pm on the following number: 06.37.81.39.94. The Astarac Arros Community of Communes in Gascony can also assist you during its opening hours.
ARTICLE 4 – TERMS OF PAYMENT AND COST
There is a charge for the service, the rates have been set as follows and can be changed at any time by the provider :
One hour : 3€
Two hours : 5€
Half day : 10€
The day : 16€
Two days: 28€
The price is indicated for one bicycle on the customer information panel at the station.
A deposit of 700€, not cashed, will be requested when booking the bike. The customer can use the reserved bike within the limit of the formula he has chosen. Any package started is invoiced in its entirety within the limit of the 48 hours maximum legal rental period.
The Service is accessible to adults holding the following cards: VISA, Mastercard, American Express, 3DS.
ARTICLE 5 – OBLIGATIONS OF THE PARTIES
Obligations of the service provider Communauté de Communes Astarac Arros en Gascogne :
The service provider undertakes to provide the services under the conditions set out in these C.G.A.U. and to make every effort to ensure the permanence and quality of the service offered. However, in this respect, the service provider only has an obligation of means.
The service provider cannot be held liable for the services in case of :
- Misuse by the customer of the services offered;
- Non-respect by the customer of his obligations under the terms of the present C.G.A.U. ;
- Use of the service by an unauthorized person (in particular in case of theft or loan);
- Major force.
Obligations of the customer :
The Customer undertakes to use the Bicycle in person in a normally prudent, diligent and informed manner, in accordance with the purpose for which it was designed, and in compliance with these C.G.A.U.
The Customer assumes custody of the Bicycle that he/she has removed and undertakes to do everything possible to prevent its deterioration, destruction or disappearance.
The Customer undertakes to return the Bicycle after a maximum of 48 hours of hire. The User accepts in advance that any failure to comply with this obligation will entitle the service provider to the levying of at least a flat-rate penalty of €700 per rented bike not returned. The conditions of article 9 will apply.
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 number indicated in article 1, the Bicycle remaining in any event under his responsibility.
In the event of a breakdown or any other problem occurring during the time the Bicycle is under his responsibility, the customer undertakes to return the Bicycle to its original location by his own means, at the locking terminal.
ARTICLE 6 – RESTRICTIONS ON THE USE OF THE SERVICE
It is forbidden for the customer to lend, rent or transfer his bicycle, property of the Community of Municipalities ASTARAC ARROS EN GASGOGNE and/or to use it in any other way than that provided for in these C.G.A.U.
It is expressly forbidden for the Customer to allow in any way whatsoever the use, free of charge or not, of the Bicycle, property of the ASTARAC ARROS EN GASGOGNE Community of Municipalities, by any third party whatsoever.
The Customer is authorised to use the Bicycle in accordance with the terms hereof 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 terrain or in conditions likely to damage the Bicycle ;
- Any total load (Customer + contents of the basket) exceeding the weight indicated on the bicycle;
- 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 anormal use of a bicycle.
ARTICLE 7 – RESPONSIBILITIES & DECLARATIONS OF THE CUSTOMER
The Customer is solely and entirely liable for any damage caused by the Bicycle or the use made of it throughout the period of use, including when this exceeds the authorised period of use in the event of late return by the Customer.
Any delay of more than 10 minutes, beyond the 48-hour maximum rental period (period starting at the time the Bicycle is collected) is considered to be a case of disappearance of the Bicycle.
In the event of the disappearance of the Bicycle for which the Customer is responsible, the Customer is obliged to report this disappearance to the Astarac Arros en Gascogne community of communes within the time limits and at the number mentioned in article 1 and to file a theft report with the police within 24 hours. The Bicycle remains under its full and entire responsibility until the Astarac Arros en Gascogne community of communes has received a copy of the said complaint.
In the event of an accident and/or incident involving the Bicycle, the Customer is obliged to report the facts as soon as possible and to the number mentioned in article 1. However, the Bicycle remains under his or her responsibility, either until it is locked at a station attachment point, or until it is handed over in person to a representative of the Provider. Failing this, the Customer must secure the Bicycle using the bicycle lock.
The Customer, and where applicable his legal representative, declare :
- To be able to use and be in physical condition to use a bicycle;
- To be fully aware of the possible risks associated with the use of a bicycle.
As the Bicycle is placed under the Customer’s responsibility, the Customer undertakes to carry out, prior to the actual use of the bicycle removed, a basic check of its main apparent functional elements, and in particular (non-limitative list) :
- The proper attachment of the saddle, pedals and basket;
- The correct operation of the bell, brakes and lighting;
- The good general condition of the frame and tires;
- The presence of the key of the anti-theft lock.
It is also recommended to the Customer:
- To adapt his braking distance in case of bad weather;
- To adjust the saddle to adapt its height to his morphology;
- Wear an approved helmet, a fluorescent safety vest and suitable clothing. It should be noted that the Astarac Arros Community of Communes in Gascony can provide the customer with a helmet and a vest on request during the opening hours specified in article 1;
- The Customer declares that all information concerning him/her is accurate, and that he/she is the holder of a civil liability insurance policy.
ARTICLE 8 – RIGHTS RESERVED TO THE PROVIDER & DEFECTIVE PRODUCTS
The Astarac Arros en Gascogne Community of Communes reserves the right to refuse access to the Service to anyone who does not comply with the present Cs. G. A. U., without being required to provide any other justification.
In accordance with the provisions of articles 5, 6 and 7, any liability on the part of the Astarac Arros en Gascogne Community of Communes related to the use that the Customer may make of a Bicycle, or any damage that the Customer may cause to himself or to third parties as a result of the use of a Bicycle, the basket, or the mobile phone holder, is entirely excluded.
The Customer acknowledges the fact that the owner of the Bicycles (Communauté de communes Astarac Arros en Gascogne) is not the manufacturer and, as such, cannot be held liable for any defects in the Bicycle related to its manufacture. The Bicycles put into service by the Provider comply with Decree No. 95-937 of 24 August 1995 relating to the prevention of risks resulting from the use of bicycles.
ARTICLE 9 – PENALTIES
At the beginning of each rental period, the Customer authorises in advance the community of communes Astarac Arros en Gascogne through KOBOO to collect the deposit of 700€ in the cases and according to the conditions detailed below: deterioration of the service by the customer or a third party during the rental period, fraudulent use, non-return of the bicycle and/or theft for which the Customer was responsible or any other breach by the Customer of these C.G.A.U.
The corresponding amount of the penalties is payable by the Astarac Arros en Gascogne community of municipalities through KOBOO, in the event that the Customer is found to have failed to fulfil his obligations under the present C.G.A.U.
In the event of a serious breach by the Customer, the Service Provider shall collect the amount of the deposit and shall pay the Customer within a reasonable period of time any overpayment in relation to the amounts defined in the above articles.
In the event that the damages suffered exceed the amount of the deposit, the amount of the additional repairs shall be borne by the Client upon presentation of the invoices.
The deduction of the deposit does not release the client from his responsibility, particularly in the event of theft. Legal proceedings may be initiated by the service provider.
The Client undertakes to report any change in his relationship with the issuing institution of the bank card used or with the bank whose contact details have been provided within the framework of the present C.G.A.U., likely to affect during the period of validity of the use of the bank card, of the direct debit authorisation granted by the said bank.
ARTICLE 10 – DATA CONFIDENTIALITY, DATA PROCESSING AND FREEDOM OF INFORMATION
The Service Provider, as the data controller, implements automated processing of personal data for the management of users of the self-service bicycles. The data collected is essential for this processing and is used by the relevant departments of the Service Provider.
Pursuant to the French Data Protection Act of 6 January 1978 as amended, the Customer has the right to question, access, rectify and oppose for legitimate reasons all data concerning him, which he may exercise by post to KOBOO, 59, Boulevard Léon Jouhaux 63100 CLERMONT FERRAND, enclosing a copy of an identity document with his request.
Customer accounts will be kept 24 months after the last use. The contact data is used to keep the customer/user informed of developments in the service.
The usage data – details of the races (duration, price, start…), course – will be anonymized every 6 months. This data is used for the purpose of statistics on the use of the service.
ARTICLE 11 – SETTLEMENT OF DISPUTES
In the event of a complaint, the Customer may refer the matter to the communauté de communes Astarac Arros en Gascogne by letter sent to the following address: 19, avenue de Gascogne, 32730 VILLECOMTAL SUR ARROS.
To do so, the customer has a period of two (2) months from the disputed event for which he is making the claim.
The present contract is subject to French law. Any dispute relating to their execution and their consequences will be subject to the jurisdiction of the competent courts, including in the event of summary proceedings, warranty claims or multiple defendants.
ARTICLE 12 – MODIFICATION OF THE PRESENT C.G.A.U.
1.1 The bicycles rented within the framework of are geolocalised. Real-time geolocation data is not accessible to Koboo staff or its subcontractors.
The data is pseudonymised and stored on secure servers located in the European Union.
The removal of pseudonymisation will only be carried out in two cases:
– Theft of the bicycle. The user must report the theft of the bike to Koboo on 06 37 81 39 94 to obtain the position of the bike. The user undertakes to file a complaint declaring the theft within 48 hours of ascertaining the facts. As soon as the bike is found or certified as non-recoverable, the personal data is deleted and the anonymisation reactivated.
– In the event of non-return at the end of the rental period, as part of legal proceedings. The data is destroyed 3 months after the bike has been returned.
The legal basis for the processing is the legitimate interest (fight against theft).
In addition, the anonymised geolocation data (non-reversible anonymisation) is used for statistical purposes without any time limit. Koboo and its sub-contractors may not affiliate any course to a user.
1.2 Data controller: the personal information provided when subscribing to the contract is processed by Koboo, data controller and its subcontractors located in the European Union.
1.3 Koboo takes all physical, organisational and technical measures necessary to protect and secure your personal data and requires its subcontractors to provide equivalent guarantees.
1.4 Your rights: you have rights relating to the processing of your data (opposition, access, rectification, deletion, limitation, portability). For more information, please contact Koboo.
1.5 Complaint: without prejudice to any other legal remedy, you have the right to lodge a complaint with the supervisory authority of the European Union country in which you reside, work or in which you consider that your rights have been violated. For France: www.cnil.fr
ARTICLE 13 – MODIFICATION OF THE PRESENT C.G.A.U.
The Customers will be systematically informed by email of any modification of the present C.G.A.U.