General Terms and Conditions of PubliBike Ltd
1.1 Service Provider
PubliBike Ltd (the 'Service Provider') operates self-service bike rental systems and offers supplementary products related to bikes, such as bike stations. PubliBike is a subsidiary in the ownership of PostAuto Management AG [PostBus Management Ltd].
1.2 Service offering
The Service Provider offers its customers (the 'Customers') self-service rental of 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
- 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 self-service bike rental offering. Rates for the use of bikes are published at www.publibike.ch. The applicable rates and taxes are those in force when the bike is used.
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 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 must obtain their parents' consent to conclude a contract.
- Customer account
3.1 Registration and access media
The Customer registers via the Service Provider's application or website, by providing his name, email address and a payment method. The Customer may choose his access medium.
The Customer's account and his related access media are personal and non-transferable. The Service Provider must be informed if the access medium is lost and must make the relevant amendments to the Customer's account. If the Customer fails to meet these obligations, the Customer shall be responsible and liable for any unauthorised use of his access media by third parties (e.g. in case of an unauthorised 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 occurred since his registration (such as a change of name or new payment method) in his 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 membership/subscription already paid shall not be refunded.
- Conditions of use
4.1 Availability and rental
Under no circumstances may the Customer demand the availability of a 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 membership/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 customer account, even if he 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 defects / damage. During this inspection, he must in particular verify that the brakes and lighting are in working order and that the tyres are sufficiently inflated. If the result of this inspection is not conclusive, the bike cannot be ridden and must not be used. Before starting to use the bike, the Customer must notify the Service Provider of the defects ascertained. He may do so via the application or by telephoning the Service Provider's Customer Service. The Customer may be held liable for damage which he fails to notify before starting to use the bike.
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 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 roads and tracks 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 has caused. The provisions regarding loss, damage and injuries, theft and accidents stipulated in clause 5 are applicable in addition.
When the Customer parks the bike during a journey, he must lock it by using the electric anti-theft device fitted on it.
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. Return is confirmed to the Customer on the bike's electronic anti-theft device and on the application. If the Customer leaves the bike without confirming that it has been returned, rental thereof 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 stolen (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.
- 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 noncompliant 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 or holder of the payment method may be held liable for same. The Service Provider is entitled to bill the cost of damaged or stolen bikes to 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 shall be held responsible and liable for the loss.
The Customer undertakes to return the bike correctly. If the Customer fails to do so, the bike shall be regarded as stolen and billed to the Customer (holder of the payment method) in accordance with the rates in force. In this case, the Service Provider explicitly reserves the right to file a complaint with the police.
The Customer declares that he 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 must send a copy of this report to the Service Provider within 3 working days.
Costs (of membership/subscription and use of the bike) are billed to the Customer according to the rates published at www.publibike.ch. The Customer is obliged to pay the rental 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 rental period. If the bike has not been returned correctly and if the Customer has failed to inform Customer Service of this fact, the rental period shall be charged to the last customer until the bike is returned in the due and proper manner.
By indicating his payment method, the Customer authorises 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 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 ten (10) working days following receipt of the billing documentation. Failing such complaint, the bill 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.
- Term of contract and termination of contract
7.1 Term of contract
The term of the contract or of the membership/subscription depends on the product description that is in force.
7.2 Termination and renewal
The Customer may terminate the contract with minimum advance notice of seven working days before the stipulated end date of the contract or the membership/subscription. The contract may be terminated in this manner 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 membership/subscription shall be billed. Any remaining credit for use of the bike will not be refunded, but may be utilised subsequently by the Customer if he acquires a new membership/subscription via the same account.
The Customer will receive a reminder email from the Service Provider within the 45 days prior to the expiration of his membership/subscription period, informing him about the renewal of his membership/subscription for one additional year and about the new debit for the cost of membership/subscription, unless the Customer terminates the contract in accordance with the aforementioned provisions prior to the stipulated end date of the membership/subscription period. Any costs incurred due to use of the bike until the expiration of the membership/subscription shall be billed.
The contract may be terminated for good cause without advance notice 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 which render it impossible to continue the business relationship (relocation to another country, accident sustained by the Customer or death of the Customer). In this case, services shall be billed until the date of termination of the contract and the costs of membership/subscription shall be reimbursed on a pro rata basis.
- Final provisions
8.1 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 the Service Provider's actions resulted from 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.
8.2 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 or purloined, if the rental procedure is not performed correctly or if the Customer fails to fulfill his 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 incumbent on the Customer to take out insurance (accident and civil liability).
8.4 Data protection
The Service Provider shall comply with Swiss data protection legislation in connection with the management and processing of personal data. For the purposes of concluding the contract, performing reciprocal contractual services and safeguarding its legitimate business interests, the Service Provider has the right to process personal data and to create a database related to such data. The Customer's personal data may be forwarded to third parties within the scope of the Service Provider's business activities. Specifically, the Service Provider is entitled to enter, process and evaluate data related to the loan e.g. data regarding use, rental locations, GPS data regarding movements, etc.), and also to transmit data relating to the Customer for processing by PostBus Switzerland Ltd and within the Swiss Post Group, within the scope of purposes authorised for such processing.
The Service Provider is explicitly entitled to evaluate the said data for advertising purposes and to inform the Customer about offers and promotions by PubliBike and PostBus, and by other entities within the Swiss Post Group. At any time, the Customer may withdraw his agreement to receive advertising in his customer account on the website.
8.5 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).
8.6 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, 01 November 2017