GENERAL CONDITIONS FOR ACCESS
AND USE OF THE COMMAVELO SERVICE
ARTICLE 1 – OBJECT OF THE COMMAVELO SERVICE
KOBOO provides access to self-service bicycles.
Operator’s contact information COMMAVELO :
Mailing address: COMMAVELO, BP 87085, 30912 Nîmes Cedex 2.
– Opening: bicycles are available 24/7; you can reach the assistance from Monday to Saturday from 10am to 7pm.
ARTICLE 2 – STRUCTURE OF THE COMMAVELO SERVICE
2.1 The Service consists of bicycle stations and bicycles owned by COMMAVÉLO.
2.2 Each virtual station allows the storage of bicycles.
2.3 Each bicycle is numbered (number + QR code) in order to be identified.
2.4 Bicycles can be returned to any station (virtual or physical).
ARTICLE 3 – PRACTICAL ARRANGEMENTS FOR ACCESS TO THE SERVICE
3.1 – ACCESS TO THE SERVICE
To become a customer of the Service, the new user accepts these G.G.A.U. ; he/she downloads the COMMAVELO application and fills in the necessary fields as they become available:
– Selection of number of bicycles
– Information on the rental price according to the rental period
– Fill in the fields of the credit card for payment and deposit
– Flashing the QR code of the bike or putting the bike number
– Remove the bike
The customer must have the Bluetooth of his activated phone and must be within one meter of the bike to activate the lock; the bike lock emits an audible signal to confirm the availability of the bike, if the lock does not open automatically within 10 seconds, the bike remains locked; the customer must then repeat the procedure described above.
3.2 – RETURN OF THE BIKE
If the customer returns the bike to a physical station (on terminals), he must hang up the bike at the terminal and then click on the “end of rental” button in the application. The customer receives a notification and an email notifying the correct return of the bike. It is recommended that the customer, after returning his bike, check that the return has been successfully completed. To do this, after dropping off his bike, the customer receives an email with the amount debited corresponding to the rental time.
If the customer returns the bike to a virtual station, he must hang up the bike at an attachment point (roll bar) using an anti-theft cable on a free-floating station. To do this, it must be in a virtual station, lock the padlock manually and click on the “return the bike” button in the application. The customer receives a notification and an email notifying the correct return of the bike. It is recommended that the customer, after returning his bike, check that the return has been successfully completed. To do this, after dropping off his bike, the customer receives an email with the amount debited corresponding to the rental time.
ARTICLE 4 – CUSTOMERS OF COMMAVÉLO BICYCLES
4.1 The Service is accessible to adults holding the following cards:
– American Express
ARTICLE 5 – AVAILABILITY OF COMMAVÉLO BICYCLES
5.1 the Customer may only use the Service for a maximum of 12 consecutive hours (except for the “Secrets de Camargue” campsite).
In the event of a dispute about the length of time the customer uses the bicycle, the data provided by the Service’s IT server will be deemed authentic.
5.2 The service is accessible, within the limit of bicycles available 7 days a week, 24 hours a day without interruption to borrow and return a bicycle, except in cases of force majeure or a decision by the Supplier following the enactment by the competent authorities of a total or partial, temporary or definitive restriction on cyclist traffic in the territory of the City.
ARTICLE 6 – COST & PAYMENT TERMS
6.1 HOURLY RATE FOR USING THE SERVICE
The price is given for a bike on the application.
6.2 The customer pays the price of the service in proportion to the length of use of the service. Any hour started is invoiced in full.
ARTICLE 7 – CUSTOMER OBLIGATIONS
7.1 The customer undertakes to use the bicycle in a normally prudent, diligent and informed person, only in an urban environment, in accordance with the purpose for which it was designed, and in compliance with these C. G. A. U.
7.2 The customer assumes custody of the bicycle he has removed and undertakes to do everything possible to prevent its disappearance.
7.3 The customer undertakes to remove and return the bicycle within the period of authorized use. The Client accepts in advance that any failure to comply with this obligation will entitle COMMAVÉLO to the payment of a fixed penalty of a maximum of €200, the final amount of which is fixed in accordance with the terms and conditions set out in Article 12.
7.4 The customer undertakes to return the bike after a maximum of 12 hours of rental (except for the “Secrets de Camargue” campsite).
7.5 The customer undertakes to report the loss, theft or any other problem relating to the use of the bicycle to the service provider as soon as possible and at the latest within 24 hours of the occurrence of the event, to the call centre number, the bicycle remaining in any event under his responsibility.
ARTICLE 8 – RESTRICTIONS ON THE USE OF COMMAVÉLO BICYCLES
8.1 The customer is prohibited from lending, renting or transferring his bicycle, owned by COMMAVÉLO and/or using it in any way other than that provided for in these C. G. A. U.
8.2 The customer is expressly prohibited from allowing in any way whatsoever the use, free of charge or not, of the Bicycle, owned by COMMAVÉLO by third parties of any kind.
8.3 The customer is entitled 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 traffic regulations;
– any use on land or in conditions likely to damage the Bicycle;
– any total load (customer + basket content) exceeding 100 kg (manufacturer standards);
– the transport of any passenger in any way whatsoever;
– any use of the bicycle that could endanger the customer or third parties;
– any dismantling or attempted dismantling of all or part of the bicycle and, more generally, any abnormal use of a bicycle in an urban environment.
ARTICLE 9 – RESPONSIBILITIES & DECLARATIONS OF THE CLIENT
9.1 The customer is solely and entirely liable for damage caused by the bicycle or its use during the entire period of use, including when it exceeds the period of use authorised in the event of late return by the customer.
9.2 Any delay of more than 10 minutes, beyond the maximum 12 hours of rental (period having its starting point at the time of collection of the Bicycle) is considered as a case of disappearance of the bicycle.
9.3 In the event of the disappearance of the bicycle for which he is responsible, the customer has the obligation to report this disappearance to COMMAVÉLO within the time limits and at the number mentioned above and to file a theft complaint with the police within 24 hours, the bicycle remaining under his full and entire responsibility until a copy of the said complaint is communicated to COMMAVÉLO.
9.4 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 above-mentioned number. However, the bicycle remains under his responsibility, either until it is locked to street furniture in the station or until it is handed over personally to a representative of the service provider. Otherwise, the customer must secure the bike with the bike’s anti-theft device.
9.5 The client and, where applicable, his legal representative declare:
– be able to use and have the physical condition adapted to the use of a bicycle,
– be fully aware of the possible risks associated with the use of a bicycle.
9.6 As the bicycle is placed under the responsibility of the customer, the latter undertakes to carry out, prior to the actual use of the removed bicycle, a basic check of its main apparent functional elements, and in particular (non-limited list):
– the correct fixing of the saddle, pedals and basket;
– the proper functioning of the bell, brakes and lighting;
– the general good condition of the frame and tyres;
9.7 In addition, the client is recommended to:
– to adapt its braking distance in case of bad weather;
– to adjust the saddle to adapt its height to its morphology;
– wear an approved helmet, a fluorescent safety vest and suitable clothing.
9.8 The client declares that all the information concerning him is accurate, and that he is the holder of a civil liability insurance policy.
ARTICLE 10 – RIGHTS RESERVED TO THE SERVICE PROVIDER
10.1 COMMAVÉLO reserves the right to refuse access to the service to anyone who does not satisfy these C. G. A. U., without being required to provide any other justification.
10.2 In accordance with the provisions of articles 7, 8 and 9, any liability of COMMAVÉLO related to the use that the customer may make of a bicycle, or to 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 customer acknowledges that the service provider, designer and owner of the bicycles, is not the manufacturer and that, as such, he cannot be held liable for defects in the bicycle related to its manufacture. Bicycles put into service by the service provider comply with Decree No. 95-937 of 24 August 1995 on the prevention of risks resulting from the use of bicycles.
ARTICLE 12 – PENALTIES
12.1 – BICYCLE USER
– 1 (a) At the beginning of each rental period, the customer authorises COMMAVÉLO in advance to request the deduction of a fixed amount of €200, in the following cases and under the conditions detailed and restrictively listed below: damage to, 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. A. U.
– 1 (b) The corresponding amount of penalties shall be payable at COMMAVELO’s first request, in the event of a finding that the customer has failed to fulfil its obligations under these Cs. G. A. U.
– 1 (c) The nature and/or amount of the penalties due to the service provider by the client in the event of the latter’s failure is as follows:
– theft of the bicycle with damage to the lock or violence to the person: 35 € (the receipt of the complaint submitted to the police station being proof)
– disappearance of the bicycle: 200 €
12.2 In the event of a material breach by the client of these conditions, the service provider shall collect the amount previously agreed or deposited as security by the client, and shall remit to the client within a reasonable time any overpayment in relation to the amounts defined in the above articles.
12.3 The customer 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 under these C. G. A. U., likely to affect during the period of validity the proper use of the bank card, of the direct debit authorization granted by the said bank.
ARTICLE 13 – RGPD
The service provider, as controller, implements automated processing of personal data for the management of users of self-service bicycles.
The data collected are essential for these processing operations and are used by the relevant departments of the service provider.
Accounts receivable will be 24 months after the last use. Contact data is used to keep the customer/user informed of service developments.
The usage data – details of the trips (duration, price, departure…), route – will be anonymized every 6 months. This data is used for service usage statistics purposes.
In accordance with the regulations, the Client has the right to question, access, rectify and oppose for legitimate reasons all data concerning him/her, which he/she can exercise by post to COMMAVELO: COMMAVELO, BP 87085, 30912 Nîmes Cedex 2, attaching a copy of an identity document.
ARTICLE 14 – DISPUTE RESOLUTION
In the event of a complaint, the Customer may enter COMMAVELO by letter sent to the address indicated to COMMAVELO: COMMAVELO, BP 87085, 30912 Nîmes Cedex 2.
He has two (2) months from the disputed event to do so.
These terms and conditions are subject to French law. Any dispute relating to their execution and consequences shall be submitted to the jurisdiction of the competent courts, including in the event of summary proceedings, warranty claims or multiple defendants.
ARTICLE 15 – AMENDMENT OF THE PRESENT C. G. A. U.
Customers will be systematically informed of any changes to these Cs. G. A. U. per display.