GENERAL CONDITIONS FOR ACCESS
AND USE OF THE VIVELO SERVICE
ARTICLE 1 – OBJECT OF THE VIVELO VICHY SERVICE
VIVELO is a service offered by Vichy Communauté to provide access to self-service bicycles.
CONTACT INFORMATION OF THE TRANSDEV TRANSDEV OPERATOR Vichy – MOBIVIA :
1, place de la Gare
+33 (0)4 70 97 81 29
– Opening: bicycles are available 24/7; you can reach the assistance every day from 9am to 6pm
– Website: mobivie.fr
ARTICLE 2 – STRUCTURE OF THE VIVELO SERVICE
2.1 The Service consists of a bicycle station owned by Transdev Vichy, with 35 individual attachment points for the 35 bicycles distributed over the 5 stations (in Vichy: Rue Wilson, Place du Gal De Gaulle, Gare SNCF and Pôle Universitaire; in Cusset: Place Charles de Gaulle).
2.2 Each Attachment Point allows for the storage of one Bike; each Bike is numbered (number + QR code) in order to be identified; the bikes are returned to any attachment point on the departure 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 these G.G.A.U.; he/she downloads the VIVELO VICHY COMMUNITY application and fills in the necessary fields as they become available:
– Selecting the 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 has 10 seconds to pick up the bike at the Attachment Point; the buzzer at the Attachment Point emits an audible signal to confirm the availability of the Bicycle; if the Bicycle is not removed within 10 seconds, the Attachment Point locks again automatically; the Customer must then repeat the procedure.
3.2 – RETURN OF THE BIKE
It is recommended that the Customer, after returning his Bicycle, verify that the return has been successfully completed. To do this, after having deposited his Bicycle, the Customer receives an email with the amount debited corresponding to the rental time.
It is mandatory to return the bike to the station where it was rented.
ARTICLE 4 – VIVELO VICHY COMMUNITY BICYCLE CUSTOMERS
4.1 The Service is accessible to adults holding the following cards:
– American Express
ARTICLE 5 – AVAILABILITY OF VIVELO VICHY COMMUNITY BICYCLES
5.1 The Customer may only use the Service for a maximum of 12 consecutive hours.
In the event of a dispute over the duration of use of the Bicycle by the Customer, the data provided by the Service’s IT server shall be deemed authentic.
5.2 The Service is accessible, within the limit of the 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
First 30 minutes free of charge
1h = 1 €
2h = 2 €
3h = 3 €
From 4h to 12h = 6 €
6.2 The Customer pays the price of the Service in proportion to the duration 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 time limits of the authorised period of use. The Client accepts in advance that any failure to comply with this obligation will entitle Transdev Vichy 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 provided for 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 notify the Supplier 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, to the number of the Call Centre, the Bicycle remaining in any event under its responsibility.
ARTICLE 8 – RESTRICTIONS ON THE USE OF VIVELO VICHY COMMUNITY BICYCLES
8.1 The Client is prohibited from lending, renting or transferring his bicycle, Vichy transfer property 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 France Vélo Connecté by third parties of any kind.
8.3 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 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 starting 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 Client is obliged to report this disappearance to Transdev Vichy within the aforementioned time limits and at the aforementioned number and to file a theft complaint with the police within 24 hours, the Bicycle remaining under his full and entire responsibility until Transdev Vichy receives a copy of the said complaint submission.
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 its responsibility, either until it is locked at a station attachment point or until it is handed over personally to a representative of the Supplier. Otherwise, the Customer must secure the Bicycle by means of the bicycle’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 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 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-exhaustive 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 Transdev Vichy 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 Transdev Vichy related to the use that the Client may make of a Bicycle, or to damage that the Client may cause to himself or to third parties as a result of the use of a Bicycle, basket or mobile carrier, is entirely excluded.
ARTICLE 11 – DEFECTIVE PRODUCTS
The Customer acknowledges that the Supplier, designer and owner of the Bicycles, is not the manufacturer and, as such, cannot be held liable for defects in the Bicycle related to its manufacture. Bicycles put into service by the Supplier 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
12.1 (a) At the beginning of each rental period, the Client authorises Transdev Vichy 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 Client was responsible or any other breach by the latter of the present C. G. A. U.
12.1 (b) The corresponding amount of penalties is due at the first Vichy transfer request, in the event that the Client is found to have failed to fulfil its obligations under these C. G. A. U.
12.1 (c) The nature and/or amount of the penalties due to the Supplier by the Client in the event of the latter’s failure to comply are as follows:
– theft of the Bicycle with damage to the anti-theft device or personal violence: 35 € (the receipt of the complaint made 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 granted or deposited as a guarantee by the Client, and shall remit to it within a reasonable time any overpayment in relation to the amounts defined in the above articles.
12.3 The Client undertakes to report any change in its relationship with the institution issuing the credit card used or with the bank whose details have been provided in the context of 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 – INFORMATION TECHNOLOGY AND FREEDOMS
The Supplier, the 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.
In accordance with the amended Data Protection Act of 6 January 1978, the Client has the right to query, access, rectify and oppose for legitimate reasons all data concerning him/her, which he/she may exercise by post to Transdev Vichy, 1, place de la Gare, 03200 VICHY, attaching a copy of an identity document at his/her request.
ARTICLE 14 – DISPUTE RESOLUTION
In the event of a complaint, the Client may contact Transdev Vichy by letter sent to the address indicated at Transdev Vichy, 1, place de la Gare, 03200 VICHY
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.
ARTICLE 16 – 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 may exercise by post to KOBOO 59, Boulevard Léon Jouhaux 63100 CLERMONT FERRAND, attaching a copy of an identity document.