Terms and Conditions of PubliBike Vintage
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
PubliBike enables its customers (“customers”) to borrow bicycles and e-bikes around the clock for a fee at specially provided bike sharing stations.
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 subject to a fee.
1.3 Provider’s contact addresses
PubliBike customers may contact the following address:
Route des Arsenaux 15
1700 Freiburg / Switzerland
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:
Subscribers: bike sharing and velostations
BusinessBike holders: bike sharing
Occasional users: bike sharing
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 e-banking.
The customer card of subscribers 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 Subscription 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 temporarily blocking the card.
3.1.3 Blocking the customer card
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)
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.
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 required data and payment information directly at the time they purchase a DayBike.
The rates for the use of bicycles, e-bikes and velostations are published on the homepage www.publibike.ch/en/publibike/news/PubliBike_Vintage. The use of bicycles and e-bikes from the first to the 30th minute is free for subscribers and BusinessBike holders.
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 via email at email@example.com. The customer may be held liable for damages that he/she failed to report prior to using the bike.
6.1.3 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.
6.1.4 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 loan, the loan period lasts a maximum of 24 hours. If the maximum loan 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 it is fully occupied or out of operation, the bike must be returned to the next possible station with available docking spaces.
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.
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.
6.3.1 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.
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 subscribers and BusinessBike holders in accordance with the rates published at www.publibike.ch/en/publibike/news/PubliBike_Vintage. The customer owes the loan 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 loan period registered at the PubliBike terminal. If the bike has not been properly returned and customer service has not been informed of this, the loan period for the last customer continues until the bike is properly returned.
The fees (user fees and fee for the customer card) will be invoiced by email sent monthly to the customer. Customers can pay invoices by e-banking.
8 CHANGE OF PERSONAL INFORMATION
Customers with a customer card must promptly notify all changes in the information provided upon registration (e.g. change of name or email address) via email sent to customer service at firstname.lastname@example.org.
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 email@example.com.
9.2.1 Bike sharing
The contract and the subscription period are one year each. During the subscription period, the customers are free to inform the Provider at any time whether or not they wish to renew for another year when the subscription period expires.
Failing such notification from the customer, he/she will receive a reminder e-mail from the Provider 45 days prior to the expiration of the subscription period indicating renewal of the subscription for another year and the related renewal charge of the subscription fee, unless the customer states otherwise by the end of the subscription period. Any costs accrued for completed loans prior to the expiration of the subscription will be billed. Credits will not be reimbursed, but may be used by the customer at a later time if another subscription is purchased using the same account.
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 subscription 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 subscription 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 loan 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.
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 loan (e.g. information of use, loan 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 firstname.lastname@example.org.
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, March 2019