PubliBike
Belpstrasse 37
3030 Bern

Terms and Conditions

1          Preamble

1.1      Provider

PubliBike Ltd (“Provider”) operates bike sharing systems and offers other products focusing on bicycles, e.g. velostations. PubliBike is a subsidiary owned by PostBus Switzerland Ltd.

1.2      Services provided

Bike sharing:
PubliBike enables its customers (“customers”) to self-checkout bicycles and E-bikes around the clock for a fee at specially provided bike-sharing stations.

Velostations:
Velostations are lockable, monitored parking facilities for bicycles. They provide protection against theft, vandalism and weather and may comprise additional bicycle-related services. Velostations are available for use around the clock and are principally subject to a fee.

1.3      Provider’s contact addresses

PubliBike customers may contact the following address:

Contact address:          

PubliBike Ltd
Route des Arsenaux 15
1700 Freiburg / Switzerland

Phone: 0848 09 08 07

E-mail: contact@publibike.ch

Web: www.publibike.ch  

 

2          Subject matter of the contract

These General Terms and Conditions (GTC) govern the relationship between the customers and PubliBike Ltd regarding the short-term use of bicycles and E-bikes (“bikes”) within the scope of PubliBike’s bike sharing programme and the use of the velostations.

The customers consist of:
Membership customers: bike sharing and velostations
BusinessBike holders: bike sharing
Occasional users: bike sharing

 

3          Admittance

3.1      Members and BusinessBike holders

Members and BusinessBike holders register via the Internet platform. In payment of a fee (except for holders of an access card issued by a PubliBike partner), they receive a customer card by mail covering the selected area or station . Payment is made by credit card or by Post card.

The customer card of members is personal and non-transferable and must be stored with care. If the card is protected with a PIN code, the customer is obligated to keep the PIN code confidential and not disclose it to third parties. If the customer fails to comply with these obligations, the customer is liable for any unauthorised use of the customer card by third parties (e.g. unauthorised transfer) and any resulting damages.

The customer card of BusinessBike holders may be transferred to third parties. The BusinessBike holders make the PIN code available to such third parties and are responsible for the proper use in accordance with these GTC. They must ensure that third parties comply with the provisions of the GTC. The BusinessBike holders are liable for any unlawful use of the customer card or the PIN code by third parties and for any resulting damages.

Only one bike at a time may be rented or parked at a velostation with a customer card.

3.1.1   Membership validity

Bike sharing: 1 year

Velostation: 1 year or 1 month

3.1.2   Loss of customer card

The loss of a customer card must be reported to the Provider without delay. Otherwise, the customer is held liable for any damages caused by the loss or the transfer of the customer card, particularly if this enabled the theft of bicycles or E-bikes.

In addition to the card fee, a handling fee in the amount of CHF 10 will be charged to the customer for the replacement of a lost, stolen or damaged customer card. Such fee is also charged for a temporary suspension of the card.

3.1.3   Suspension of the customer card

The Provider reserves the right to suspend the card at any time (revocation of the right of use) if this appears to be objectively justified. This applies particularly in the case of theft of the customer card, failure to pay an invoice, vandalism, theft of the bike, violation of the terms of use, and other contractual terms. In this case, the customer card must be promptly returned to the Provider.

Effective as of the date of the request to return the customer card and/or its suspension, it is no longer valid for the use of services. A reduction in the Provider’s previously accrued claims and/or a reimbursement of previously made payments is excluded.

Any use of any kind of a card rendered invalid is not permitted and is subject to damages and penal consequences.

3.2      Occasional users (bike sharing)

3.2.1   Credit card

If the customer is not a member or a BusinessBike holder, the customer may rent a bike at certain stations using a credit card. Payment is made by credit card and the bike is not released until after registration and acceptance of these GTC.

3.2.2   DayBike

A DayBike may be purchased at the points of sale. A purchase requires the provision of personal information and the presentation of official identification (passport, driver’s license, ID). A DayBike authorises the customer to use the bikes for 24 consecutive hours.

 

4          Right of use

4.1      Minimum age

4.1.1   Bike sharing

The minimum age for the use of E-bikes is 16. The minimum age for the purchase of a customer card or a day card is 16. Individuals between the age of 16 and 18 require the approval of a legal representative.

4.1.2   Velostations

Individuals below the age of 18 require the approval of a legal representative to purchase a customer card.

4.2      Proof of identity

Activation will not occur until the Provider is in possession of the customer’s personal information. Occasional users enter or provide the necessary personal data and payment information directly when they obtain the bike / DayBike.

 

5          Rates

The rates for the use of bicycles, E-bikes and velostations are published on the homepage www.publibike.ch.  The use of bicycles and E-bikes from the first to the 30th minute is free for members and BusinessBike holders.

 

6          Terms of use

6.1      Bike sharing

6.1.1   Availability

The customer has no right to the availability of a bike or to E-bikes being sufficiently charged or to free parking spaces at bike-sharing stations or velostations.

6.1.2   Inspection of bike’s condition

The customer is obligated to inspect the bike for identifiable defects / damages prior to its use. Such inspection particularly requires checking whether brakes and lights are working and whether the tires have enough air. If the result of such inspection is negative, the bike is deemed to be unfit for use and may not be used. Any defects found must be reported to the Provider prior to using the bike. Such report must be done by contacting the PubliBike customer service on 0848 09 08 07 or, in some cases, directly at the terminal via the touchscreen. The customer may be held liable for damages that he/she failed to report prior to using the bike.

6.1.3   Inspection of E-bike’s condition

In addition to inspecting an E-bike for any defects, the charge of the battery must also be inspected. The Provider is unable to guarantee that there is sufficient battery power for the intended use.

6.1.4   Use of the bike

The customer must handle the bike with care. It is prohibited to use the bike for unlawful or other contractually non-conforming purposes and/or make it available to a third party (unless the customer is a BusinessBike holder who transfers his/her card to a third party). In particular, the use of the bike for races of any kind is prohibited. All traffic regulations (e.g. Swiss traffic laws, road traffic regulations) must be followed, particularly the prohibition of transporting passengers on the luggage rack. The customer is responsible to pay any fines or damages. In addition, the provisions listed in 6.2 concerning damages, theft and accidents also apply.

If the bike is equipped with a frame lock and if it is parked en route, it must be secured with the available frame lock during such time.

For logistical reasons, the Provider is unable to provide bicycle helmets. Therefore, it is urgently recommended that the user wear his/her personal, properly fitting helmet.

6.1.5   Return of the bike

The bike may only be returned to an official PubliBike station. The return is confirmed to the customer by a green flashing light and/or an audio signal at the station. Effective as of the time of the rental, the rental period lasts a maximum of 24 hours. If the maximum rental period is exceeded, the bike is deemed to have been stolen (see 6.2). The registered time of return forms the basis for billing. If the bike cannot be returned to the preferred station because the latter is fully occupied or out of operation, the bike must be returned to the next possible station with unoccupied docking spaces.

6.2      Damages / theft / accidents

6.2.1   Damages / theft

The customer must pay in full any damages (incl. consequential damages) / theft caused by the customer through the improper use of the bike or in violation of the terms of use. In the event of theft, the original value must be paid. Damages and theft must be reported to the Provider without delay. Damages may be entered and reported, in some cases, by the touch screen at the terminal. If this is not possible, damages must be reported to Customer Service. Otherwise, the customer may subsequently be held liable. The Provider has the right to charge any stolen bikes to the last registered customer. In the event of damage/theft, the customer is not entitled to the compensation of damages suffered or consequential costs.

Any theft must be reported to the Provider within 24 hours. At the same time, the customer must report the theft to the police. The customer is liable for the loss.

The customer acknowledges that the bicycles and E-bikes of the PubliBike service are not always owned by PubliBike Ltd. The customer agrees that if damages or thefts occur in such a scenario, the customer may be held responsible by PubliBike Ltd or on the part of the owners of the bicycle or E-bike concerned. The customer is also responsible for the duties imposed upon him/her by these GTC with respect to using bicycles and E-bikes that are not owned by PubliBike Ltd.

6.2.2   Accidents

The customer declares that he/she is insured against accidents. Accidents and falls resulting in property damage must be reported in any case to the Provider without delay. In the event of personal injury and/or third-party property damage or if a third party is involved as a possible responsible or co-responsible individual, the police must be contacted without delay and an accident report must be completed. A copy of the report must be sent to the Provider.

6.3      Velostations

6.3.1   Use of velostations

The customer must park the bicycle to ensure that others may easily pass. The parking of bicycle trailers may be restricted by the Provider.

Only bicycles, E-bikes and bicycle trailers may be parked.

6.3.2   Damages / theft

The parking of the bicycles, E-bikes and bicycle trailers is the responsibility of the owners of the vehicles. The customer is also responsible for damages he/she causes to velostation facilities or to third party vehicles. PubliBike assumes no liability in connection with theft or damages.

In the event of damage to velostation facilities or third party vehicles, PubliBike’s Customer Service must be informed without delay.

 

7          Billing / payment terms

The fees (annual / monthly fee for the customer card and user fees for the bike) will be charged to members and BusinessBike holders in accordance with the rates published at www.publibike.ch. The customer owes the rental fee for the use of the bike (card liability) until it is properly returned (confirmation). The calculation of the user fee is based on the rental period registered at the PubliBike terminal. If the bike has not been properly returned and the hotline has not been informed of this, the rental period for the last customer continues until the bike is properly returned.

The fees (user fees and fee for the customer card) will be billed either by credit card statement or via the postal account indicated by the customer. By providing the account information, the customer authorises the Provider to charge future fees for the use of bikes directly to the indicated postal account or to the credit card.

For payments by credit card or via the postal account, the GTC of the respective financial institutions are also applicable.

Bike-sharing members and BusinessBike holders can consult their billing details at any time on the PubliBike homepage, using the online login.

 

8          Change in personal information

Customers with a customer card must promptly enter all changes in the information provided upon registration in their personal account on the PubliBike homepage (e.g. change of name or address).

 

9          Right of cancellation and termination

9.1      Right of cancellation

The customer may cancel his/her first order within 14 calendar days by writing to the address shown in clause 1.3 or to contact@publibike.ch.

9.2      Termination

9.2.1   Bike sharing

The contract and the membership period are one year each. During the membership period, the customers are free to inform the Provider at any time whether or not they wish to renew for another year when the membership period expires.

If the customer is not heard from, he/she will receive a reminder e-mail from the Provider 45 days prior to the expiration of the membership period indicating renewal of the membership by another year and the related new charge of the membership fee, unless the customer states otherwise by the end of the membership period. Any costs accrued for completed rentals prior to the expiration of the membership will be billed. Credits will not be reimbursed, but may be used by the customer at a later time if another membership is purchased via the same account.

9.2.2   Velostations

The contract is entered for the period of one month or one year and may not be terminated during such term. If the customer fails to renew the membership at least 7 days prior to the last day of validity, it expires on the last day of validity.

9.2.3   Termination for good cause

The contracts according to these GTC may be terminated for good cause without notice and without consequences of damage for the terminating party. Good cause means, in particular, the occurrence of circumstances making it unreasonable for the other party to continue the business relationship, or the repeated violation of contractual obligations despite a written reminder. In this case, the services provided up to the time of the termination of contract for good cause will be charged. Previously paid membership fees will not be reimbursed.

 

10       Final provisions

10.1    Provider’s liability

The Provider assumes no responsibility and excludes any liability for damages the customer incurs in the performance of this contract, unless the Provider acts wilfully or with gross negligence.

The Provider’s liability for indirect damages, consequential damages, third-party damages and lost profits is excluded in general.

10.2    Customer’s liability

The customer is liable primarily according to the regulations contained in these GTC and secondarily according to the statutory regulations if he/she damages or steals the bike, fails to correctly complete the rental process or violates his/her obligations under the GTC. The customer’s liability also extends to the ancillary cost of damages, such as the costs of an expert, repairs or loss of use.

10.3        Insurance

The customer is responsible for insurance.

10.4        Data protection

Regarding the processing of personal information, the Provider complies with the Swiss data protection laws. It is authorized, in particular, to enter and process the information arising in connection with the rental (e.g. information of use, rental sites, GPS data, etc.), and to transfer customer-related information and have it processed, within the scope of the permitted handling purposes, by PostBus Switzerland Ltd. and within the Swiss Post group.

The Provider is expressly authorised to analyse the data for advertising purposes and advise the customer of offers and activities by PubliBike and PostBus and other enterprises of the Swiss Post group. The customer may revoke such authorisation at any time by notifying contact@publibike.ch.

10.5    Amendment of GTC

The Provider reserves the right to amend the GTC at any time. Amendments will be announced and published in advance on the PubliBike website by indicating the date they take effect and are deemed to have been acknowledged by the customers from such date on.

Amendments are deemed to be approved, unless the customer terminates the contract within a period of one month.

10.6    Jurisdiction and applicable law

Subject to mandatory statutory provisions, the courts of Bern have jurisdiction and venue for all disputes between the parties.

The application and interpretation of the contractual relationship is subject to the laws of Switzerland.

 

PubliBike Ltd, 1 February 2017