General Terms and Conditions of PubliBike AG
- PREAMBLE
1.1 Service Provider
PubliBike AG (the “Service Provider”) operates bike sharing systems under the brands PubliBike and Velospot.
1.2 Service offering
The Service Provider offers its customers (the “Customers”) bike sharing services for bikes, e-bikes and e-scooters (“Vehicles”) in return for payment, 24 hours per day, at stations provided for this purpose.
1.3 Service Provider’s contact data
PubliBike AG may be contacted by its customers at the following address:
Address:
PubliBike AG
Rennweg 62 / Rue de la Course 62
2504 Biel / Bienne
Tel: +41 32 501 40 16
Web: www.publibike.ch
2 SUBJECT AND CONCLUSION OF THE CONTRACT
These General Terms and Conditions (GTC) govern relations between the Customer (private and/or business customers) and the Service Provider for the short-term use of vehicles (mechanical bikes, e-bikes and e-scooters) within the scope of the Service Provider’s bike sharing offering. Rates for the use are visible in the customer account and at www.publibike.ch. Depending on usage as a private customer or business customer, the rates and terms may differ. The applicable rates and fees are those at the time of usage. The provider can adjust the rates at any time. In the event of a rate adjustment, the changes will take effect immediately for spontaneous use without a subscription. For private customer subscriptions, the rates change at the end of the subscription term. Business customer subscriptions are subject to the contractual terms of the provider and the respective contracting party (company, institution, organization, etc.). The business customer (employees, students, etc.) acknowledges and accepts that in the case of a business customer subscription, the relevant regulations concerning rates take precedence over the regulations of the employee or student contract concerning rates.
The contract between the Customer and the Service Provider takes effect when the Service Provider accepts the Customer’s registration without reservations. Receipt of the confirmation of registration notifies the Customer that his/her request for registration was received and accepted by the Service Provider and that, therefore, the contract has taken effect. A Customer must be at least 18 years old in order to conclude a contract with the Service Provider. Minors aged 16 and older must obtain the consent of their legal representative to conclude a contract (with the exception of e-scooters).
An exception applies in the Velospot network for customers in Basel:
The minimum age there is 14 years, provided that the user holds a valid category M (moped) driving license and has parental authorization. This regulation applies to the use of all vehicles included in the offering. The driver’s license or a copy of it must be submitted to PubliBike AG before purchasing a subscription for the Basel area.
It is the responsibility of the customer to present a valid and certified document. PubliBike AG disclaims any liability in case of the presentation of incorrect documents or the transmission of false information. Any attempt at fraud automatically results in the deletion of the customer’s account with no possibility of reimbursement. The case will be reported to the relevant authorities.
3 CUSTOMER ACCOUNT
3.1 Registration and access media
The Customer registers via the Service Provider’s application or website, by providing his/her name, e-mail address and a payment method. The Customer may choose his/her access medium. The Service Provider has set up interfaces with selected business customers to ensure that their employees, students or customers can register. The specification of the payment method is not always required via these interfaces.
The Customer’s account and related access media are personal and non-transferable. The Service Provider must be informed if the access medium is lost, and the Customer must make the relevant amendments to his/her account. If the Customer fails to meet these obligations, the Customer shall be responsible and liable for any unauthorized use of his/her access media by third parties (e.g. in case of an unauthorized transmission), and for any ensuing loss or damage.
3.2 Amendments to personal data
The Customer shall use the Service Provider’s application or website to enter all changes that have occurred since his/her registration (such as a change of name or new payment method) in his/her personal customer account, within ten working days of the occurrence of such changes.
3.3 Blocking of Customer’s account
The Service Provider reserves the right to block the Customer’s account at any time (withdrawal of right of use), either temporarily or permanently, whenever the Service Provider deems that such a step is justified. This applies in particular in cases of unpaid bills, vandalism, theft of a vehicle, violation of the rules of use, or failure by the Customer to fulfil their obligations. Services provided until the account is blocked shall be billed. Subscription fees already paid shall not be refunded
4 CONDITIONS OF USE
4.1 Availability and borrowing
Under no circumstances may the Customer demand the availability of a station or a vehicle (bikes, e-bikes or e-scooters), the good working order of a vehicle, a sufficient charge level on electrically powered vehicles, or the availability of free spaces at bike sharing stations.
The Customer may borrow several vehicles at the same time according to his/her subscription. The exact number is stated on the Service Provider’s website. The Customer accepts responsibility and liability for all vehicles borrowed through his/her customer account, even if he/she is not the rider.
4.2 Inspection of the condition of the bike
Before starting to use the vehicle, the Customer is obliged to verify that it is free from any visible damage. During this inspection, he/she must in particular check that the brakes and lighting are in working order and that the tyres have sufficient air. If such damage is detected, the vehicle must not be used (except in the case of purely aesthetic damage that does not affect operational safety) and the damage must be reported immediately to PubliBike AG. The Customer may be held liable for such damage. The damage must be reported via the application, the hotline or the live chat to the Service Provider’s Customer Service.
4.3 Use of bikes
The Customer must be in a condition fit for driving to use the vehicles. The Customer is prohibited from riding a vehicle if his/her reactive capabilities are diminished, due in particular to the influence of alcohol, medications, drugs, extreme fatigue, or illness. Vehicles may only be used on roads and paths intended for such use in accordance with traffic regulations. E-scooters may be used only on public roads, cycle paths, or clearly designated riding areas; riding on pavements is prohibited.
The use of vehicles in competitions of any kind is prohibited. The Customer must comply with the applicable road traffic provisions (such as the Federal Road Traffic Act (RTA/SVG) and the Swiss Road Traffic Regulations (RTR/VRV)). The use of the vehicles is reserved exclusively for one person. Carrying additional persons, animals, or objects that could impair driving safety is prohibited.
Wearing a helmet is recommended for all vehicles. For e-scooters, the maximum payload is 100 kg (including the rider and any carried items). For vehicles equipped with a dynamo light, it must be manually activated. The minimum age for using the vehicles is governed by the applicable legal provisions. The Customer is responsible for paying any fines or for any loss, damage, or injury which he/she has caused. The provisions regarding damage, theft, and accident stipulated in clause 5 apply.
When the Customer parks the vehicle during a journey, it must be adequately secured during this time. Vehicles may only be parked in designated areas and must not obstruct traffic.
4.4 Return of the vehicle
Vehicles may only be returned to an official, active PubliBike / Velospot station. Active stations are displayed on the Service Provider’s app or website. The vehicle must be returned within the rental network. Upon return, the vehicle must be parked or secured in accordance with the applicable requirements. The return is confirmed via the electronic lock, the app, or the website – depending on the type of vehicle used. If the lock cannot be physically locked, the Customer is required to secure the vehicle. The registered return time is taken as the basis for billing purposes.
If the vehicle cannot be returned to the intended station because the station is full or non-operational, it must be returned to the nearest station with free spaces. If the vehicle cannot be returned correctly despite all the Customer’s efforts, the Customer must immediately inform Customer Service. If the Customer leaves the vehicle without confirming that it has been returned, the rental duration will continue at the Customer’s expense. If the vehicle has not been correctly returned within 24 hours, the Service Provider shall regard it as missing (see clause 5.1).
Proper return means that no vehicle has been damaged, lost, or stolen, and that all rented vehicles have been returned and confirmed at the station.
Penalties
Any improper use requiring administrative intervention, the dispatch of a field team, and/or other measures incurs a fee of at least CHF 20.- to be borne by the Customer. Proper use means that no vehicle has been damaged, lost, or stolen, and that all rented vehicles have been returned and confirmed at the station (confirmation of return through a blinking green light on the lock at the end of the rental at the station). The minimum penalty for failure to lock the bike is CHF 20.-.
Any fines are in addition to the actual usage costs of the vehicles. Payment of any contractual penalties does not exempt the Customer from compliance with these Terms and Conditions. PubliBike AG expressly reserves the right to claim additional damages due to the Customer’s breach of contract in any case.
5 DAMAGE / THEFT / ACCIDENT
5.1 Damage / Theft
If the Customer has inflicted loss, damage, or injury on third parties through the use of vehicles (bikes, e-bikes, or e-scooters) and if legal liability applies, the Customer shall be fully liable for such loss, damage, and/or injury. The Customer shall furthermore fully compensate any loss, damage, or injury (including consequential loss or damage), theft, or recovery costs resulting from non-compliant use of the vehicles or failure to comply with the conditions of use.
The Customer must notify the Service Provider of any damage or theft within 24 hours. The Service Provider is entitled to enforce the claim for damaged, missing, stolen, or purloined vehicles against the last registered Customer. For this purpose, the Service Provider may refer to the electronic journey recorder. It is incumbent on the Customer to provide evidence to the contrary.
In the event of damage or theft, the Customer is not entitled to compensation for damage suffered or consequential costs. In case of theft of an improperly locked bike, the minimum amount of damage is CHF 3’600.- (e-bike and lock) or CHF 2’300.- (mechanical bike), depending on the type of bike. For e-scooters, the minimum amount of damage is CHF 1’200.-.
5.2 Accident
The Customer declares that he/she is insured against accidents. The Service Provider must always be notified immediately of any accidents or falls resulting in material loss or damage.
PubliBike AG disclaims any liability in the event of accidents, falls, and/or damage caused by the Customer and inflicted on third parties with a rented vehicle.
If persons are injured and/or third parties sustain material loss or damage, or if a third party is wholly or partially responsible, the police must also be contacted immediately and an accident report completed. Upon request, a copy of this report must be sent to the Service Provider.
6 BILLING
6.1 Billing
The prices and rates of PubliBike AG are expressed in Swiss Francs and include VAT.
The Customer will be charged the fees (subscription fees and usage fees for the vehicle) according to the rates published in the customer account. The Customer is obliged to pay the amount corresponding to the use of the vehicle until it is returned in the correct manner (see clause 4.4). The basis for calculating the usage fee is the rental duration. If the vehicle has not been returned correctly, the rental duration will continue to be charged to the last customer until the vehicle is returned in the due and proper manner. Customer Service must be informed in the event of difficulties with the rental, intermediate stop, or return.
By providing a payment method, the Customer authorizes the Service Provider to directly charge this payment method for all fees related to the use of the service. The Customer is obliged to ensure that the payment method is valid and has sufficient funds.
For payments made using accepted payment methods, the GTC of the respective financial institutions also apply.
6.2 Complaints
Any complaint regarding billing must be submitted within thirty (30) days of the debit. Failing such complaint, the billing shall be deemed to have been accepted.
6.3 Delayed / defaulted payment
In case of failure to pay, the Customer’s account will be blocked automatically by the Service Provider.
7 TERM OF CONTRACT AND TERMINATION
7.1 Term of contract
The term of the contract or of the subscription is visible in the customer account.
7.2 Termination and renewal
The Customer may terminate the contract at any time before the stipulated end date of the contract or the subscription. If the contract is not terminated, it will be extended automatically for a duration according to the selected subscription(1). The subscription may be canceled through the customer account on the website or via the application. Any costs incurred through bike use until the expiration of the subscription shall be billed. Any remaining credit for use of the bike will not be refunded, but may be utilized subsequently by the Customer if he/she acquires a new subscription via the same account.
(1)Except for Velospot. The customer must renew their subscription themselves at the end of the term.
In the case of an annual subscription, the Customer will receive a reminder from the Service Provider within the 45 days prior to the expiration of his/her subscription period, informing him/her about the renewal of his/her subscription for one additional year and about the new debit for the cost of subscription, unless the Customer terminates the contract in accordance with the aforementioned provisions prior to the stipulated end date of the subscription period. Any costs incurred due to use of the bike until the expiration of the subscription shall be billed.
For Velospot customers, an email is sent 10 days before the end of the subscription to notify the end of the subscription period and invite the customer to renew their subscription if they wish.
The contract may be terminated for good cause immediately and without compensation for the party requesting such termination, in accordance with these GTC. “Good cause” is understood to denote, in particular, the occurrence of circumstances that render it impossible to continue the business relationship (in particular, serious or repeated breach of contractual obligations).
The subscription can be upgraded at any time and will be valid with immediate effect. An upgrade applies when the cost of a new subscription is higher than that of the current subscription.
The subscription can be downgraded at any time, but will only be valid after the expiry of the current subscription period specified in the customer account. A downgrade applies when the cost of a new subscription is lower than that of the current subscription.
The conditions described in point 7.2 may differ for subscriptions for business customers. The terms of the subscription can be viewed in the customer account. The business customer acknowledges and accepts that in the case of a business customer subscription, the relevant regulations concerning the contract duration take precedence over the regulations of the employee or student contract concerning the contract duration. In particular, the customer acknowledges and accepts that in the event of non-renewal or termination of a business customer subscription, their employee or student subscription, etc., will also end simultaneously and automatically without compensation upon termination. The business customer account will then be converted into a private customer account.
8 DATA PROTECTION
8.1. General
When collecting and processing personal data, the Service Provider complies with the current legislation, especially regarding data protection law. It safeguards customer data with suitable technical and organizational measures and treats it confidentially.
It collects, processes and stores personal data only to the extent necessary to provide these services, for the security of operations and infrastructure, for invoicing, and to manage and maintain customer relationships so as to ensure a high quality of service.
8.2. Market research, customer advice and marketing:
With regard to the provision of a competitive market service, the Customer agrees that the Service Provider may collect and process his/her personal data for market research (e.g. customer satisfaction surveys) and consulting purposes.
The Customer agrees that the Service Provider may collect and process personal data for its own advertising purposes.
The Customer has the right to prohibit the use of personal data by the Service Provider at any time without specifying reasons, provided that its usage is not required to render the services. As regards asserting the right to object, see Point 8.4 below, Rights of individuals concerned.
Personal data may be disclosed to third parties who do not act as a data processor for previously mentioned processing purposes only to the extent that it is legally permissible or with the prior consent of the Customer.
8.3 GPS tracking
The bike fleet may be equipped with a GPS tracker, which records the route and the location of each bike. The geolocation data collected is used exclusively for the purpose of locating the bikes again and are processed only if necessary.
8.4. Rights of individuals concerned
The Customer has the right to request information on the processing of his or her personal data or its correction, deletion or destruction. This is subject to legal requirements that oblige or entitle the provider to process or disclose data. If the deletion of data is not permitted for legal reasons, the data will be blocked instead of deleted.
He/she may forbid the processing of his/her data, provided it is not necessary to render the services he/she has requested. This also applies to the disclosure of his/her data to third parties. If the customer has expressly consented to further data processing, he/she may revoke this at any time.
In order to assert his/her rights, the Customer should contact the PubliBike Customer Service in writing (by post) with a copy of his/her passport or ID.
8.5 Additional data privacy statements
The individual provisions of the online services and the data privacy statement of the Service Provider give further information about data processing by PubliBike.
8.6 Involvement of third parties (processors)
The Service Provider may involve third parties to render services and make the necessary data accessible to the third parties involved. The processor is subject to the same obligations as regards guaranteeing data protection as the Service Provider itself and may – subject to differing legal regulations – not process the data for its own purposes and only on behalf of and on instructions from the Service Provider. The Service Provider undertakes to select, instruct and monitor such providers in a prudent manner.
8.7 Special Conditions for the «Your Bike at the Station» Project in Collaboration with SBB
These conditions apply exclusively to persons who have subscribed to «Your Bike at the Station» and used a related bicycle.
Data is collected to perform statistical and data analyses for the further development of services regarding their functionality, security, and methods. Additionally, data collection serves to study markets and customers. These analyses help continuously optimize the services and better adapt them to the users' needs.
Collected data includes trip data such as GPS tracking points, the location and time of rental, the location and time of return, the bike ID, the distance, and the duration of the trip. Additionally, survey data, such as responses to questions about user experience and demographics, may be collected.
The collected data will be anonymized and aggregated for the aforementioned purposes of conducting statistical analyses and data analysis for service development. Anonymization ensures that no conclusions can be drawn about individuals.
Personal data may be shared with third parties for the purpose of conducting statistical analyses and data analysis for service development. This sharing is solely for the stated purposes and is carried out in strict compliance with data protection regulations.
Personal data is stored only as long as necessary for the respective purpose or as required by law. Once the data is no longer needed for the mentioned purposes, it will be deleted.
The processed data may be used for publications. The results will be published in an aggregated form, ensuring that no conclusions can be drawn about individual users. This guarantees the anonymity and protection of the users' personal data.
9 FINAL PROVISIONS
9.1 Service Provider’s liability
The Service Provider declines all liability, and excludes all liability for loss, damage or injuries sustained by the Customer in connection with the performance of this contract, unless it can be proven that the Service Provider acted with intent or gross negligence.
The Service Provider’s liability is consistently excluded in the following cases: incidental or consequential damage, loss or injury; loss, damage or injury inflicted on third parties; and loss of earnings.
The Service Provider declines any liability for personal effects left behind on the bike or in its basket.
9.2 Customer’s liability
The Customer accepts primary liability in accordance with the provisions of these GTC and secondary liability in accordance with statutory provisions if the bike is damaged, not returned according to the proper process or stolen, if the rental procedure is not performed correctly or if the Customer fails to fulfil his/her obligations pursuant to these GTC. The Customer’s liability furthermore extends to the ancillary costs related to the damaging event, such as appraisal costs, repair costs, loss of use/operation or costs to collect bikes.
9.3 Insurance
It is the Customer’s responsibility to take out insurance (accident and civil liability).
9.4 Amendments to the GTC
The Service Provider reserves the right to amend these GTC at any time. Customers are notified of amendments in a suitable manner, stating the date when they come into force, and are deemed to be known to the Customer as from that date.
Amendments are deemed to be approved by the Customer unless the Customer terminates the contract within a period of one month (taking account of the provisions stipulated in clause 7.2).
9.5 Place of jurisdiction and applicable law
In the event of disputes between the customer and PubliBike AG, Bern is the exclusive place of jurisdiction, subject to any mandatory legal provisions to the contrary. The contractual relationship between the customer and PubliBike AG is governed exclusively by Swiss law, excluding any conflict-of-law rules and excluding the Vienna Convention on Contracts for the International Sale of Goods (CISG).
For Customers whose domicile or registered company office is abroad, Bern is the place of performance and the sole place of jurisdiction for all proceedings.
9.6 Binding language version
These General Terms and Conditions are available in several language versions. In the event of contradictions or differences in interpretation between the various language versions, the German version shall prevail.