This agreement (the “Agreement”) sets forth the legally binding terms and conditions for Your use of the Services.
In Sweden and Italy the services are provided by;
Majestic Mobility AB, a company registered under the laws of Sweden with TAX ID 559232-2597, and having its registered address at Markvardsgatan 8, 113 53 Stockholm, Sweden.
In Greece the services are provided by:
BICELO IKE, a company registered under the laws of Greece with Tax ID number 801616193, and having its registered address at 24, Lagoumitzi Street, Kallithea, 17671
Both entities are named as “BICELO” below.
The purpose of this Agreement is to regulate the Services provided by Bicelo, which is to offer You (also named “Customer” below) the use of bicycles and electric bicycles (also named “Vehicle” below) after You have registered Yourself in the Bicelo app.
As a condition of your use of and access to any Service, you hereby represent and warrant that all information supplied by you is true, accurate, current and complete and you possess the legal authority to enter into these Agreement and to use the Services in accordance with all terms and conditions herein.
If you do not fully understand, agree and comply with this Agreement, or if you are unable to enter into legally binding contracts, you may not use any of the Services. If, regardless this and without the company’s knowledge, you enter in this agreement, you personally take full responsibility for your actions, whereas the company takes no responsibility.
Bicelo may replace or amend the terms and conditions included in this Agreement without prior notice of the Customer. Such amendments will enter into effect and apply for future use of the Services. Please be advised that Bicelo does not undertake to archive previous versions of this Agreement. Instead, Bicelo recommends that you print and save a copy of each and every version of this Agreement.
1.1 The Customer is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when you activate a Vehicle from the Location, the Vehicle may only be used by you. For the avoidance of doubt, you must not allow others to use a Vehicle that you have activated from the Location. In this point of view it is hereby explicitly agreed among the parties that the Customer obtains no sub-lease and sub-use right.
1.2 You hereby represent and warrant that you are at least 18 years old and that you have no medical or physical condition that could adversely affect your ability to operate the Vehicle in a safe manner, and that you have full contractual capacity, being absolutely capable to draw contracts and make lawful declarations. Otherwise, the agreement is void and valid; its provisions do not bind the parties.
1.3 You represent and certify that you are familiar with the operation of the Vehicle, and that you are reasonably competent and physically fit to ride the Vehicle. Customer understands the risks involved by operating the vehicle in public and is advised to obtain appropriate insurance protection for injuries. If you have any medical condition or physical condition, we recommend that you consult a doctor before renting and operating any Vehicle.
1.4 You acknowledge that you shall conduct a basic safety check of the vehicle, including an inspection of all vital parts for transportation with the vehicle. You are solely responsible as customer to perform this inspection and notice any problems can be easily foreseen.
In particular, before you ride the vehicle and in order to prevent any damage and problem, which is in advance obvious, you should firstly take care of and think of the answers on the following questions:
-Did you check its general condition (wheels, tires, etc.)?
-Do its brakes and lights work?
-Are the seat, pedals and basket properly attached?
-Is the battery charged if it’s electric?
-Is there any other sign of damage, unusual or excessive wear or is maintenance needed?
You agree not to operate the vehicle if there are any noticeable issues, and to immediately notify BICELO in accordance with this Rental Agreement. Otherwise, Bicelo bears no liability for defeats, which the middle and logic person can prevent.
In this point of view, Bicelo bears no liability in case that the Customer suffers from an accident or damage the vehicle, caused by problem which can easily be foreseen.
1.5 You are solely responsible for determining weather conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.6 You agree to follow all local rules. The vehicle may not be allowed to be operated or parked in certain areas. There might be local speed regulations in specific streets or other areas. You agree to not use the vehicle or bring the vehicle to areas where it is prohibited by rules applied to the area where the Vehicle is rented.
1.7 Customer acknowledges and agrees that the Vehicle and any Bicelo equipment attached thereto, at all times, remain the exclusive property of Bicelo. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Bicelo equipment, and in any way adjust, adapt or amend any part of a vehicle. In case the Customer amends or changes the vehicle, is liable to fully indemnify Bicelo.
1.8 Customer agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented within the maximum rental period published in the “Bicelo app” from time to time. The number of Vehicles are limited and Vehicle availability is never guaranteed.
1.9 Customer Must Follow Laws Regarding Use and/or Operation of Vehicle. Customer agrees to follow all laws pertaining to the use, riding, parking, charging and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws.
1.10 Customer agrees to the following:
-You must not ride a Vehicle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate the Vehicle in a safe manner.
-While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract you from operating the Vehicle in a safe manner.
-You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair your ability to operate a Vehicle safely.
-You must not carry a second person or child on a Vehicle.
-You may only use locking mechanisms provided by Bicelo. If a plug-in chain is available it must be used when pausing your ride. Furthermore the vehicle must always be locked to another stationary object when in pause mode.
-You may not add another lock to the Vehicle, unless if it is possible to easily and with no harm remove it.
-The Vehicle must be parked at a lawful parking spot, i.e. the Vehicle cannot be parked on private property or in a locked area or in any other non-public space.
-The Vehicle must be parked in a space that is visible and safe.
In case that the Customer do not follow all the above rules while riding or in any way using the vehicle, Bicelo bears no liability in case of an accident or destruction or wear of anything (including the vehicle).
1.11 Customer agrees that he/she will not use the Vehicle for racing, stunt or trick riding. Customer further agrees that he/she will not operate and/or use the Vehicle off road, on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. Customer agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any applicable law, ordinance or regulation.
1.12 You must not exceed the maximum weight limit for the Vehicle 95 kg.
1.13 You must not tamper with, attempt to gain unauthorized access using, or otherwise use The Bicelo System (Bicelo app) or other Bicelo equipment other than for purposes of using a Vehicle pursuant to this Agreement.
1.14 Customer must report any accident, crash, damage, personal injury, stolen or lost Vehicle, to Bicelo as soon as possible and the latest within 6 hours from the incident happened.. If a crash involves personal injury, property damage, or a stolen Vehicle, Customer shall file a report with the local police department within 24 hours. Customer agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.
1.15 Customer agrees to return the Vehicle to Bicelo in the same condition in which it was rented. Customer will not be responsible for normal wear and tear, but only for any wear caused by his negligence to prevent the vehicle’s defeat or any problem cause by his behavior and use.
1.16 Customer agrees to return the vehicle to the parking zone set out in the Bicelo app. In the event the vehicle is damaged and can’t be taken back to the parking zone and it’s not caused by the Customer, Bicelo will pick up the vehicle free of charge. If the damage/s are caused by the Customer Bicelo will pick up the vehicle for a cost of 100 Euro. Bicelo will not reimburse the Customer for costs related to the Customer getting back to the parking zone. The Customer must inform Bicelo that the vehicle is damaged and can’t be taken back to the Parking Zone, failure to do so can lead to the Customer being responsible for a stolen vehicle.
FOR ELECTRIC VEHICLE
1.17 If the Vehicle is an electric vehicle that requires periodic charging of its battery in order to operate Customer agrees to use and operate the Vehicle safely and prudently in light of Vehicle being an electric vehicle. Customer understands and agrees with each of the following:
The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety). The level of charging power in the Vehicle at the time Customer initiates the rental or operation of Vehicle is not guaranteed and will vary with each rental use.
The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions and other factors.
It is Customer’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.
The distance and/or time that Customer may operate the Vehicle before it loses charging power is never guaranteed.
The Vehicle may run out of charging power and cease to operate at any time during Customer’s rental of the Vehicle, including before reaching Customer’s desired destination.
1.18 If the Vehicle runs out of charging power during a rental, Customer shall conclude the ride in compliance with all terms of this Agreement.
2.1 Customer may use the Vehicle on a pay-per-ride basis or as otherwise in accordance with the pricing described in the app. In each case, fees and other charges will include applicable taxes. Bicelo will charge the Customer’s credit, debit card or other agreed payment methods the amount of the fees as described in this Agreement at the end of the rental (ride).
2.2 Promo codes (discounts) are one-time offers and can only be redeemed via Bicelo app. Bicelo reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
2.3 Maximum rental time is set out in the Bicelo app and varies for different locations. Customer agrees that Customer will deactivate the Vehicle rental within the maximum rental time. Customer may then rent again, by renewing the rental agreement for another wished time period. It is obvious, that in case of renewal the same agreement and provisios shall apply the relationshops between the parties.
2.4 Customer is solely responsible for being aware of any elapsed time related to the timely locking the Vehicle. After return of the Vehicle, the customer will be charged the accumulated rental charges, as per the estimation of the time he used the vehicle.
2.5 Customer must input a valid credit or debit card number and expiration date before Customer will be registered to use the Service. Customer represents and warrants to Bicelo that Customer is authorized to use any cards Customer furnishes to Bicelo. Customer authorizes Bicelo to charge the card for all fees incurred by Customer. If Customer disputes any charge on credit or debit card account, then Customer must contact Bicelo within 10 business days from the end of the month with the disputed charge, provide to Bicelo all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. |Otherwise, if the Customer does not contact Bicelo within the above time framework, accepts that then he/she has no claims regarding any charge on the account Customer agrees to immediately inform Bicelo of all changes relating to the card.
2.6 Bicelo has the right to charge a deposit of 100 Euro before starting a ride, as a guarantee or earnest money. The deposit will be refunded after the ride has ended. The deposit can be used as part or full payment for damages or a stolen vehicle.
WHEN PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO Euro 1000. IN ALL CASES, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
OUR PRODUCTS ARE MACHINES AND THERE IS INHERENT RISK ASSOCIATED WITH USING THEM, INCLUDING DUE TO MALFUNCTION NO MATTER HOW WELL THEY ARE MAINTAINED. THESE RISKS ARE NOT ALWAYS OBVIOUS, AND THEY MAY CAUSE PROPERTY DAMAGE, INJURY OR EVEN DEATH TO YOU OR OTHERS. BY USING OUR SERVICES, YOU AGREE THAT YOU UNDERSTAND THESE RISKS, THAT IT IS YOUR RESPONSIBILITY TO USE OUR SERVICES SAFELY AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES IS YOURS AND YOURS ALONE. YOU ARE RESPONSIBLE FOR ANY HARM YOU CAUSE TO OTHER PEOPLE OR PROPERTY.
YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
THE PROVISIONS IN THIS SECTION 3 APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
When we use the term “Released Parties” in these Terms, we mean (i) us and our affiliates
You agree to indemnify and hold the Released Parties harmless from any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including attorneys' fees and court costs) arising out of or in connection with (i) your use of the Services (including the payment of fines and other fees), (ii) your breach or violation of any of these Terms or any applicable law, (iii) any of the Released Parties’ use of your content or (iv) your violation of the rights of any third party. The Released Parties reserve the right to assume the exclusive defense of any of the foregoing, and you agree not to settle any of the foregoing without the applicable Released Parties’ prior written consent. You agree that the obligations in this Section 4 will survive any termination of these Terms, your user account or your access to our Services generally.
4. LOST OR STOLEN VEHICLE
You are responsible for deactivating and parking a Vehicle within a Parking Zone set out and visible in the Bicelo app. You may not in any way lock or hide the Vehicle unless the Vehicle is activated. If you do not deactivate or park a Vehicle within a Parking Zone and within the maximum rental period provided in the app from time to time, You may be responsible for a lost or stolen Vehicle in accordance with the following.
In the event the Vehicle is considered abandoned, i.e. the maximum rental period has been exceeded and We cannot detect any attempts to lock the Vehicle or requests to end the ride by You in a parking zone.
A Vehicle activated by You may be considered lost or stolen if (i) the Vehicle’s GPS unit is disabled on purpose, (ii) the Vehicle moves after deactivation and Bicelo has reason to believe such movement was not caused by another user or any authorized third party, or (iii) other facts and circumstances implying, in the reasonable opinion of Bicelo, that a Vehicle has been lost or stolen.
If Bicelo reasonably deems a Vehicle lost or stolen, Bicelo shall have the authority to take any and all actions appropriate in order to recover the Vehicle or, if that proves to be impossible, to receive compensation for the loss of the Vehicle. This includes, without limitation, involving the local police and/or Bicelo’s insurer, a request for information to You or, if You are culpably responsible for the loss, holding You liable for the damage incurred on account of the loss.
If the vehicle is not returned to a Parking zone at the expiration of the Permitted of Period use, the User will be charged a fee up to 1 000 Euro plus the replacement cost of the vehicle, as a penalty clause, which amount will be received by the card that Customer inserted in the app.
If the vehicle is returned to a Parking zone and is damaged, or in a state of disrepair arising out of User’s negligence, except normal wear and tear, the User will be charged a fee that is equal to the cost of the repair, as proven by an expert’s examination to be charged to the User’s credit card, as compensation for the caused damage.
The customer is not responsible for a stolen vehicle if they have locked the bike according to instructions when “pausing a ride”. The vehicle shall always be locked with the plug-in chain secured with another object e.g. a pole.
4 ADDITIONAL TERMS OF USE.
4.1 Helmets; Safety. BICELO recommends that all Customers wear an approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions.
4.4 Vehicle Routes. Customer agrees that BICELO does not provide or maintain places to ride Vehicles, and that Bicelo does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, lanes, and routes may become dangerous due to weather, traffic, or other hazards.
4.5 Limitations on Vehicle Rental. Customer agrees that BICELO is not a common carrier. Alternative means of public and private transportation are available to the general public and to Customer individually, including public buses and rail service, taxis, and pedestrian paths. BICELO provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have
agreed to all terms and conditions of this Agreement.
4.6 BICELO does not represent or warrant the availability of any Service or the availability of any Vehicle at any time. The Service is provided on an "as-is" and "as-available" basis, and may be unavailable due to planned or unplanned maintenance.
5.1 You hereby confirm that you have received information regarding our processing of your personal data, which is available at: www.bikeid.se/rise
6.1 This Agreement shall be governed by and construed in accordance with the laws of Sweden for rentals in Sweden and Italy and the laws of Greece for rentals in Greece, without giving effect to any principles of conflicts of law.
6.2 Any dispute arising out of your use of the Services shall be settled by the competent courts of Sweden for rentals in Sweden and Italy and courts of Greece for rentals in Greece.
6.3 As a consumer, you are also entitled to have disputes arising out of these Terms or your use of the Services via alternative dispute resolution, provided that the dispute fulfills the requirement thereof (for example requirements pertaining to time and value). Bicelo undertake to contribute to alternative dispute resolution with consumers under the law on alternative dispute resolution in consumer relations. Relevant body for dispute resolution is:
Allmänna reklamationsnämnden Box 174, 101 23 Stockholm www.arn.se
The European Commission has developed a platform for dispute resolution out-of-court. This enables you to resolve dispute in connection with online orders, without having to initiate a court proceeding. The platform is available at the following link: http://ec.europa.eu/consumers/odr/
CUSTOMER ACCEPTANCE OF AGREEMENT
I certify that I am the Customer, I am 18 years old or over, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
Markvardsgatan 8
113 53 Stockholm
Sweden
