General Terms and Conditions of PubliBike Ltd (GTC)
1.1 Service Provider
PubliBike Ltd (the “Service Provider”) operates bike sharing systems and offers supplementary products related to bikes, such as bike stations. PubliBike is a subsidiary in the ownership of PostBus Ltd.
1.2 Service offering
The Service Provider offers its customers (the “Customers”) bike sharing services for bikes and e-bikes in return for payment, 24 hours per day, at stations provided for this purpose.
1.3 Service Provider’s contact data
PubliBike may be contacted by its customers at the following address:
Address: PubliBike Ltd
Route des Arsenaux 15
Telephone: 058 453 50 50
2. SUBJECT AND CONCLUSION OF CONTRACT
These General Terms and Conditions (GTC) govern relations between the Customer and the Service Provider for the short-term use of bikes within the scope of the Service Provider’s bike sharing offering. Rates for the use of bikes are published in the customer account at www.publibike.ch. The applicable rates and taxes are those in force when the bike is used. The Service Provider may adjust the rates at any time. In the event of an adjustment to the rates, the Customer retains the rates that were valid at the time the contract was concluded until the end of his/her subscription.
The contract between the Customer and the Service Provider comes into being 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 come into being. A Customer must be at least 18 years old in order to conclude a contract with the Service Provider. Minors aged 16 and up must obtain their parents’ consent to conclude a contract.
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 via the business customer’s website or app. 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 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 provision applies to the following cases in particular: unpaid bill, vandalism, theft of bike, or failure to comply with the rules of use and/or with any other obligation incumbent on the Customer. Services provided until the account is blocked shall be billed. Costs of subscription 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 bike, the good working order of a bike, a sufficient charge level on an e-bike or the availability of free spaces at bike stations.
The Customer may borrow one or more bikes, according to his/her subscription. The exact number of bikes is stated in the product description published on the Service Provider’s website. The Customer accepts responsibility and liability for all bikes 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 bike, the Customer is obliged to verify that the bike is free from any visible damage. During this inspection, he/she must in particular verify that the brakes and lighting are in working order and that the tyres are sufficiently inflated. If such damage is detected, the bike must not be used (except in the case of purely aesthetic damage that does not affect the safety of the bike) and the damage must be reported. Otherwise, the customer may be held liable for such damage. The Customer shall report the damage via the application or by telephoning the Service Provider’s Customer Service.
4.3 Use of bikes
Bikes may only be used if they are in roadworthy condition. The Customer is prohibited from riding a bike if his/her reactive capabilities are diminished, due in particular to the influence of alcohol, medications or drugs, and in case of extreme fatigue or illness.
Bikes may only be used on paved roads and paths which are passable by wheeled traffic.
The Customer must take care when using the bike. The Customer is prohibited from using the bike for illegal purposes or for other purposes which do not conform to the contract. In particular, it is prohibited to use the bike in competitions of any sort whatsoever. The Customer must comply with the road traffic provisions in force (such as the Federal Road Traffic Act (RTA/SVG) and the Swiss Road Traffic Regulations (RTR/VRV)). In particular, the Customer is prohibited from transporting persons or animals on the bike or in the basket. The minimum age for using bikes and e-bikes is also governed by the provisions relating to road traffic. The Customer shall be responsible for paying fines or for loss, damage or injury which he/she has caused. Furthermore, the provisions regarding loss, damage and injuries, theft and accidents stipulated in clause 5 are applicable.
When the Customer parks the bike during a journey, he/she must lock it by using the electric anti-theft device fitted on it and close the lock by hand.
4.4 Return of the bike
Bikes may only be returned to an official PubliBike station. The bike may be returned anywhere within the Service Provider's operational area, even if this area consists of various sub-networks. When the bike is returned, the lock must be closed by hand, by pressing down on the latch until it clicks into place. Return is confirmed to the Customer on the bike’s electronic anti-theft device, in the customer account in the application and on the website. If the Customer leaves the bike without confirming that it has been returned, the loan duration will continue at the Customer’s expense. If the bike has not been correctly returned within 24 hours, the Service Provider shall regard the bike as missing (see clause 5.1). The time when the bike is returned is taken as the basis for billing purposes. If the bike cannot be returned to the intended station because the station is full or non-operational, it is a mandatory requirement to return the bike to the nearest station with free spaces. If the bike cannot be returned correctly despite all the Customer’s efforts, the Customer must immediately inform the Customer Service of this situation.
5. LOSS, DAMAGE AND INJURY / THEFT / ACCIDENTS
5.1 Loss, damage and injury / theft
If the Customer has inflicted loss, damage or injury on third parties through the use of bikes 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 resulting from non-compliant use of bikes or failure to comply with the conditions of use. The Customer must immediately notify the Service Provider of any loss, damage, injury or theft. Failing this, the Customer may be held liable for same. The Service Provider is entitled to enforce the claim for damaged, missing, stolen or purloined bikes 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 case of loss, damage or injury / theft, the Customer cannot claim compensation for loss, damage or injuries sustained, nor for consequential costs.
The Customer must notify the Service Provider of a theft within 24 hours. At the same time, the Customer must arrange for a declaration of theft to the police.
The Customer declares that he/she is insured against accidents. The Service Provider must always be notified immediately of any accidents and falls followed by material loss or damage. In case of bodily injury and/or material loss or damage sustained by third parties, or if a third party is wholly or partially responsible or liable, the Customer must contact the police and complete an accident report. He/she must send a copy of this report to the Service Provider within 3 working days.
Costs (of subscription and use of the bike) are billed to the Customer according to the rates published in the customer account. The Customer is obliged to pay the amount corresponding to use of the bike until it is returned in the correct manner (see clause 4.4). The cost of using the bike is based on the loan duration. If the bike has not been returned correctly and if the Customer has failed to inform Customer Service of this fact, the loan duration shall be charged to the last customer until the bike is returned in the due and proper manner.
By indicating his/her payment method, the Customer authorizes the Service Provider to use the said payment method for direct debiting of all charges related to the use of this offering. The Customer undertakes to ensure that his/her payment method is valid and adequately funded.
Payments by credit card are subject to the GTC of the relevant financial institutions.
Any complaint regarding billing must be submitted within thirty (30) working 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 Service Provider may block the Customer’s account.
7. TERM OF CONTRACT AND TERMINATION OF CONTRACT
7.1 Term of contract
The term of the contract or of the subscription depends on the product description that is in force.
7.2 Termination and renewal
The Customer may terminate the contract up to seven working days before the stipulated end date of the contract or the subscription. The contract may be terminated through the customer account on the website or via the application. Any costs incurred due to use of the bike 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.
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.
In the case of contracts with monthly billing, the subscription period is unlimited. The Customer can cancel his/her contract up to seven working days before the end of the month.
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).
8. DATA PROTECTION
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.
The Service Provider is entitled to forward data to PostBus Switzerland Ltd and within Swiss Post Group for processing, within the scope of what is permitted for processing purposes.
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 Rights of individuals affected (below).
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. Swiss Post subsidiaries are not deemed to be third parties.
8.3 Rights of individuals affected
The Customer has the right to request information on the processing of his or her personal data or its correction, deletion or destruction. 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. The legality of the data processing for the entire duration of the valid consent is not affected by this. If neither the correctness nor the incorrectness of the data can be determined, the Customer may request a note of objection to be added.
All legal provisions which oblige or entitle the Service Provider to process or disclose data remain reserved. If the deletion of the data is not permitted for legal reasons, the data will be blocked instead of deleted.
In order to assert his/her rights, the customer should contact the PubliBike Customer Service in writing, including a copy of his/her passport or ID, via the contact form at https://www.publibike.ch/en/publibike/contact/.
8.4 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 PostBus and PubliBike.
8.5 Involvement of third parties (processors)
The Customer agrees to the Service Provider involving third parties to render services and supplying the necessary data to the third parties involved. The data 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 and on the instructions of the Service Provider. The Service Provider undertakes to select, instruct and monitor such providers in a prudent manner.
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 borrowing 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 or loss of use/operation.
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 into account the provisions stipulated in clause 7.2).
9.5 Place of jurisdiction and applicable law
The place of jurisdiction is Berne. In case of a legal dispute arising from contracts concluded with consumers, claims or complaints filed by the Customer fall under the jurisdiction applicable to the domicile or registered office of one of the parties, and claims or complaints filed by Swiss Post fall under the jurisdiction applicable to the defendant. The term “contracts concluded with consumers” is understood to denote contracts relating to services intended to meet the personal or family requirements of the Customer.
For Customers whose domicile or registered company office is abroad, Berne is the place of performance and the sole place of jurisdiction for all proceedings.
PubliBike Ltd, 28 March 2019