GENERAL CONDITIONS FOR ACCESS
AND USE OF THE CYCL’HOP SERVICE

ARTICLE 1 – PURPOSE OF THE CYCL’HOP SERVICE

The provision of electric bikes is a service offered by the city of Avon. This service allows, after downloading and registration on a dedicated application, access to electrically assisted bicycles for urban and tourist mobility.

Each bike is numbered (number + QR code + bicycode) in order to be identified.

All these elements are the property of the city of Avon.

Contact details of the service provider :

Avon Town Hall
Address: 8 rue Père Maurice 77210 Avon
Tel : 01 60 71 20 00
Mail: mairie@avon77.com
Website: www.avon77.com
Opening hours: Monday to Friday 8.30am-12.00pm/12.30pm-5.15pm and Saturday 8.30am-12.00pm.

Contact details of the service operator :

France Vélo Connecté / Koboo
Address : 3 place Renoux, 63000 CLERMONT FERRAND
Tel : 06.37.81.39.94
Mail : hello@koboo.fr
Website : koboo.fr
Opening hours : assistance is available 7/7 from 9am to 6pm.

ARTICLE 2 – STRUCTURE OF THE CYCL’HOP SERVICE

2.1 The Service is made up of bike and bicycle stations owned by the city of Avon.

2.2 Each bicycle is numbered (number + QR code) in order to be identified.

2.3 The bicycles can be handed in at any station.

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 the present C.G.A.U.; he downloads the CYCL’HOP application and fills in the necessary fields as he goes along:

– Select the number of bikes
– 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.
– Remove the bike

The customer must have their phone’s Bluetooth activated and must be within 1 meter of the bike to activate the lock; the bike lock emits a sound 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

When the customer returns the bike at a 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 him/her that the bike has been returned. It is recommended that after returning the bike, the customer checks that the return has been successful. For this purpose, after having deposited the bike, the customer will receive an email with the amount debited for the rental time.
 

ARTICLE 6 – COST & TERMS OF PAYMENT

6.1 HOURLY RATE FOR USE OF THE SERVICE
The rate is given for one bike on the application.

6.2 The customer pays the price of the service in proportion to the length of time the service is used. Any hour started is billed in full.
 

ARTICLE 7 – OBLIGATIONS OF THE CUSTOMER

7.1 The customer undertakes to use the bicycle in person in a normally prudent, diligent and informed manner, only in an urban environment, in accordance with the purpose for which it was designed, and in compliance with these General Conditions of Access and Use.

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 collect and return the bicycle within the period of use permitted. The Customer accepts in advance that any failure to comply with this obligation will entitle FRANCE VELO CONNECTE to the payment of a flat-rate penalty of a maximum of €200, the final amount of which is set according to the terms and conditions set forth in article 12.

7.4 The customer undertakes to return the bicycle after a maximum of 12 hours of rental.

7.5 The customer undertakes to report the loss, theft or any other problem relating to the use of the bike 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 CYCL’HOP BIKES

8.1 The customer is prohibited from lending, renting or transferring his bike, which is the property of the city of Avon, and/or from using it in any way other than as provided for in these General Conditions of Access and Use.

8.2 The customer is expressly prohibited from allowing in any way whatsoever the use, whether free of charge or not, of the Bike, which is the property of the City of Avon, by any third party whatsoever.

8.3 The customer is entitled to use the bike in accordance with the terms hereof provided that he makes reasonable use of it, which excludes :

– any use contrary to the provisions of the applicable traffic regulations ;
– any use on terrain or in conditions likely to damage the Bike ;
– any total load (customer + basket contents) exceeding 100 kg (manufacturer’s standards);
– the transport of passengers;
– any use of the Bike 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 – PENALITES

9.1 The Customer shall be solely and entirely liable for any damage caused by the bike or 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.

9.2 Any delay of more than 10 minutes, beyond the maximum of 12 hours of hire (delay having its point of departure at the time of collection of the Bicycle) is considered as a case of disappearance of the Bicycle.

9.3 If the bike for which the customer is responsible disappears, the customer is obliged to report this disappearance to the City of Avon within the aforementioned period and at the aforementioned number and to file a theft report with the police within 24 hours, the bicycle remaining under the full responsibility of the customer until the City of Avon has been provided with a copy of the said report.

9.4 In the event of an accident and/or incident involving the bike, the customer is obliged to report the facts as soon as possible and at the above-mentioned number. However, the bicycle shall remain under his responsibility, either until it is locked to street furniture in the station or until it is handed over to a representative of the service provider in person. Failing this, the customer must secure the bicycle by means of the bicycle lock.

9.5 The customer and, if applicable, his legal representative declare :
– to be able to use and be in physical condition to use a bike,
– be fully aware of the possible risks associated with the use of a bike.

9.6 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;

9.7 It is furthermore recommended to the client :

– to adapt his braking distance in case of bad weather;
– Adjust the saddle to adapt its height to his morphology;
– wear an approved helmet, a fluorescent safety vest and suitable clothing.

9.8 The customer declares that all information concerning him/her is correct and that he/she is the holder of a liability insurance policy.

ARTICLE 10 – RIGHTS RESERVED TO THE PROVIDER

10.1 CYCL’HOP reserves the right to refuse access to the service to anyone who does not comply with these General Conditions of Access and Use, without being required to provide any other justification.

10.2 In accordance with the provisions of articles 7, 8 and 9, any liability of CYCL’HOP related to the use that the client may make of a bicycle, or any damage that the client 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 the fact that the service provider, designer and owner of the bicycles, is not the manufacturer and that, as such, he 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

12.1 – USER OF A BICYCLE

– 1 (a) At the beginning of each rental period, the customer authorizes FRANCE VELO CONNECTE in advance to request the payment of a lump sum of €200, in the cases and according to the conditions detailed and exhaustively listed below: deterioration, fraudulent use and/or theft of the Bicycle for which the customer was responsible or any other breach by the customer of these General Conditions of Access and Use.

– 1 (b) The corresponding amount of the penalties is payable upon first request by FRANCE VELO CONNECTE, in the event that a breach by the customer of his obligations under these Terms and Conditions of Access and Use is observed.

– 1 (c) The nature and/or the amount of the penalties due to the service provider by the customer in case of breach by the customer is established as follows:

– theft of the bike with damage to the lock during a short stop or theft with violence to the person: the person who rented the stolen bike will have to pay €35 (the receipt of the complaint made at the police station is proof of this).

– disappearance of the bike : €200 (debited only in case of disappearance of the bike and 24H after it).

12.2 In the event of a serious breach by the Client, the Provider shall collect the amount previously agreed by the Client, and shall remit to the Client, within a reasonable period of time, any overpayment in relation to the amounts defined in the above articles.

12.3 The customer undertakes to report any modification to his relationship with the institution issuing the bank card used or with the bank whose contact details have been provided in the context of these CGAU, which could affect the validity of the successful completion of the use of the bank card, of the debit authorization granted by said bank.

ARTICLE 13 – GENERAL DATA PROTECTION REGULATIONS

The service provider, the data controller, implements automated processing of personal data for the management of users of self-service bicycles.

The data collected is essential for this processing and is used by the relevant departments of the service provider.

Customer accounts will be 24 months after the last use. The contact data is used to keep the customer/user informed of the evolutions of 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.

In application of the regulations, the Customer has the right to question, access, rectify and oppose for legitimate reasons all data concerning him/her, which he/she may exercise by post to France Vélo Connecté- Koboo: 3, Place Renoux 63000 Clermont-Ferrand, enclosing a copy of an identity document.

ARTICLE 14 – SETTLEMENT OF DISPUTES

In the event of a complaint, the Customer may contact France Vélo Connecté by letter sent to the address indicated: France Vélo Connecté- Koboo: 3, Place Renoux 63000 Clermont-Ferrand.

To do so, the Customer has a period of two (2) months from the disputed event.

The present are 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, appeal in guarantee or plurality of defendants.

ARTICLE 15 – MODIFICATION OF THESE GENERAL CONDITIONS OF ACCESS AND USE

Customers will be systematically informed of any modification of these General Conditions of Access and Use.