TERMS AND CONDITIONS OF USE – AuxR_M le vélo
Self-service bicycles
Between:
The user of the service, hereinafter referred to as the “User”
And:
The Communauté d’Agglomération de l’Auxerrois, whose registered address is 6 bis place Maréchal Leclerc, building 58, 89010 Auxerre, represented by Mr. Crescent Marault, President of the Communauté de l’Auxerrois,
hereinafter referred to as the “Local Authority”,
TABLE OF CONTENTS
ARTICLE 1 – PURPOSE
1.1 Purpose
1.2 Customer Service Contact Details
ARTICLE 2 – DEFINITIONS
ARTICLE 3 – DESCRIPTION OF THE SERVICE
ARTICLE 4 – PRICING AND PAYMENT TERMS
4.1 Pricing
4.2 Payment Terms
4.3 Payment Security and Bank Fraud
4.4 Pre-authorization
4.5 User Commitments
ARTICLE 5 – OBLIGATIONS OF THE PARTIES
5.1 Obligations of the Local Authority
5.2 Obligations of the User
5.2.1 Conditions of Access to the Service
5.2.2 Account Creation and Update
5.2.3 Choice of Credentials – Account Security
5.2.4 Access to the Bicycle
5.2.5 Conditions of Bicycle Use
5.2.6 Civil Liability Insurance
ARTICLE 6 – TERMINATION OF THE CONTRACT
6.1 Termination of the Contract by the User
6.2 Termination for User Misconduct
ARTICLE 7 – SPECIFIC CONDITIONS OF USE OF THE BICYCLES
7.1 Bicycle Rental from a Station
7.2 Securing and Safekeeping of the Bicycle
7.3 Bicycle Return to a Station at the End of the Rental
7.4 Change of Destination During Rental
7.5 Emergency Trip Termination Request
7.6 Service Operating Area
ARTICLE 8 – LIABILITY AND PENALTIES
8.1 User Liability
8.2 Exclusions of User Liability
8.3 Penalties
ARTICLE 9 – PERSONAL DATA – BLOCTEL SYSTEM
9.1 Personal Data
9.2 Information Regarding the Bloctel System
ARTICLE 10 – DISPUTE RESOLUTION
10.1 Mediation Clause
10.2 European Platform for Online Dispute Resolution
ARTICLE 11 – APPLICATION AND ENFORCEABILITY OF THE TERMS
ARTICLE 1 – PURPOSE
1.1 Purpose
The AuxR_M le vélo service is a self-service electric-assist bicycle system offered by the Communauté d’Agglomération de l’Auxerrois, which provides the electric-assist bicycles, the Stations, and the Applications required to provide the Service. These terms and conditions define the terms under which the Service is made available to individuals for personal use under the conditions set out below.
1.2 Customer Service Contact Details
Website:
auxrmlevelo.com
Email:
auxrmlevelo@fifteen.eu
Address:
8 Rue Henri Mayer, 92130 Issy-Les-Moulineaux
Phone:
+33 9 78 46 05 64 (cost of a local call; service free of charge)
Customer Service is open:
From 8:00 AM to 8:00 PM, Monday to Friday
From 10:30 AM to 1:00 PM and from 1:30 PM to 6:30 PM, weekends and public holidays
ARTICLE 2 – DEFINITIONS
Application
Refers to the free downloadable program that can be run on the operating system (iOS or Android) of a smartphone. The Application allows any User to subscribe to the Service, find a Bicycle or a Station nearby, choose a cyclist-friendly route, view the number of kilometers traveled, contact Customer Service, and report an incident.
Local Authority
Refers to the Communauté d’Agglomération de l’Auxerrois, which operates the Service.
Account
Refers to the customer account created by the User on the Application in order to access the Service.
Terms and Conditions (TCU)
Terms and Conditions of Use of the Service.
Maximum Authorized Continuous Use Duration
Refers to a maximum duration of 12 hours of Bicycle use or a maximum break of 1 hour during the trip, beyond which penalties may be applied by the Local Authority.
Party(ies)
Refers individually or collectively to the Local Authority and the User.
Operator
Refers to Fifteen SAS, a simplified joint-stock company (SAS) with a share capital of €1,827,377, whose registered office is located at 8 Rue Henri Mayer, 92130 Issy-les-Moulineaux, registered with the Lyon Trade and Companies Register under number 505 280 727, to whom the Local Authority delegates Customer Service operations and payment processing.
Service
Refers to the self-service electric-assist bicycle service offered by the Local Authority.
Customer Service
Refers to the Operator’s Customer Service delegated by the Local Authority, the contact details of which are mentioned in Article 1.2.
Website
Refers to our website auxrmlevelo.com, made available to Users and prospective users wishing to obtain information about the Service, contact Customer Service, download the Application, or consult the Terms and Conditions.
Station
Refers to the parking area for AuxR_M le vélo bicycles equipped with at least one terminal and a parking space marked on the ground, with a capacity of 15 to 20 bicycles.
Price
Refers to the price applicable to the Service, which is expressly communicated via the Application and/or the Website before the Bicycle is made available.
User
Refers to any adult individual capable of using the Service, or any minor over 14 years of age under the conditions defined in Article 5.2.
Bicycle
Refers to the AuxR_M le vélo electric-assist bicycles used as part of the Service offered by the Local Authority.
Service Operating Area
Refers to the geographic area within which the User is authorized to use the Bicycle. It may be consulted at any time in the Application.
ARTICLE 3 – DESCRIPTION OF THE SERVICE
The Service allows the User, after creating an Account on the Application, to rent a Bicycle located at a Station under the conditions described below.
The User must download the Application on their smartphone.
The Application allows the User in particular to:
identify themselves and access information in their Account;
view the status of Stations and the location of nearby Bicycles;
obtain information relating to the Service;
contact Customer Service;
rent a Bicycle;
save, modify or delete their bank card information;
view their trip and payment history;
consult the Terms and Conditions.
ARTICLE 4 – PRICING AND PAYMENT TERMS
4.1 Pricing
The applicable Price is the one displayed in the Application at the time the User rents a Bicycle. By accepting to take the Bicycle, the User is therefore fully informed of the applicable pricing.
The Service price depends on the duration of the trip. It may also be increased by penalties defined in Article 8.3.
The Price is charged directly to the User’s bank card depending on the trip duration.
A reduced price is available for users under 26 years old, job seekers, or bus subscribers. In this case, the User must provide their national identity card, Pôle Emploi certificate, or Transdev invoice.
4.2 Payment Terms
The Service price is charged directly to the bank card provided by the User in the Application.
By entering their bank card number, the User grants the Operator authorization to debit their card for all amounts due for the use of the Service in accordance with these Terms and Conditions.
4.3 Payment Security and Bank Fraud
Payment is processed through the partner payment platform operated by Stripe Inc., which provides a secure payment interface certified PCI-DSS. Stripe Inc. undertakes to maintain this certification (or any equivalent certification) and is responsible for the security of cardholder data collected, stored, processed or transmitted on behalf of and for the account of the Local Authority.
In accordance with general legal provisions, any fraudulent use of the User’s bank card is governed by the agreement entered into between the User and their banking institution. Consequently, neither the Operator nor the Local Authority may be held liable for fraudulent use of the User’s bank card.
4.4 Pre-authorization
At the start of the trip, Stripe Inc. may carry out a pre-authorization on the User’s bank card in order to guarantee payment for the Service.
In some cases, this pre-authorization may temporarily appear on the User’s bank account. It is removed at the end of the trip and replaced by the debit corresponding to the Service price, increased by any applicable penalties.
4.5 User Commitments
The User certifies that they have the capacity, consent or authority required to link the bank card to their Account and to be charged on that card for the Service usage fees.
The User guarantees that the bank card linked to their Account is valid at the time of subscription and remains valid until the Bicycle is effectively returned.
ARTICLE 5 – OBLIGATIONS OF THE PARTIES
5.1 Obligations of the Local Authority
The Service is accessible, subject to the availability of Bicycles within the territory, 7 days a week, 24 hours a day, without interruption, except in cases of force majeure as defined in Article 1218 of the French Civil Code, or a decision by an administrative or judicial authority imposing a total or partial, temporary or permanent restriction on the installation of a Station, the use of one or more Bicycles, or cycling traffic in the Service area. The Local Authority makes its best efforts to inform the User in real time of Service availability via the Website or the Application.
5.2 Obligations of the User
5.2.1 Conditions of Access to the Service
Use of the Service is reserved for adults capable of riding a Bicycle. In particular, the User must not have any contraindication to cycling. They must also be in good health and of sufficient height to use the Bicycle safely.
However, the Service is available to minors aged between 14 and 18. In this case, their legal representative must enter their payment card number into the minor’s Account.
As with any User, the minor over 14 must have a personal Account, a phone number, and an email address. Accounts are strictly personal and allow the User at any time to rent, use, and return a Bicycle under the conditions described below.
It is therefore prohibited for the User to lend, rent, or transfer their Account.
Access to the Service is prohibited to minors under 14, whether accompanied or not.
The User is authorized to use the Bicycle in accordance with these Terms, which excludes in particular:
any use contrary to applicable traffic regulations, particularly the French Highway Code;
any use on terrain or under conditions likely to damage the Bicycle;
the transport of any passenger in any manner;
transport of a load exceeding 5 kg in the front basket;
any use of the Bicycle likely to endanger the User or third parties;
any disassembly or attempted disassembly of all or part of the Bicycle;
more generally, any abnormal use of a Bicycle.
The Bicycle may not support a total load exceeding 112 kg. The Local Authority reserves the right to suspend the User’s Account access automatically and without compensation if the User fails to comply with the conditions of this article, particularly in the event of theft, vandalism, or endangerment of others.
5.2.2 Account Creation and Update
To subscribe to and use the Service, the User is invited to create an Account by completing the registration form available in the Application. Their phone number and email address serve as identifiers. A 4-digit secret code will be sent to the phone number to validate registration and access the Account. Account creation is free of charge.
To use the Service, the User must register and maintain the details of a valid personal bank card. If necessary, they must update the card details and expiry date directly in their Account.
Each individual is limited to one Account. The Local Authority reserves the right to request supporting documents such as a copy of an identity card to validate Account creation.
Account creation will be validated as soon as possible after any necessary verification of the phone number provided in the Application.
The User must also accept these Terms and Conditions by ticking the box provided for this purpose.
The Local Authority reserves the right to refuse or cancel Account creation or access to the Service for any User who does not meet the conditions required under these Terms and Conditions.
5.2.3 Choice of Credentials – Account Security
The User is solely responsible for the choice of their credentials with regard to third-party rights, particularly in matters of identity theft or intellectual property rights, and for maintaining their confidentiality. In case of loss or forgotten credentials, the User must contact Customer Service.
The User undertakes to inform the Operator within a reasonable time in the event of any issue related to the use or misuse of their access code.
5.2.4 Access to the Bicycle
The User may access the Bicycles only through the Application. The Application must be updated by the User in order to benefit from all Service features.
To rent a Bicycle, the User must enable geolocation and Bluetooth on their phone in order to reserve and rent a Bicycle.
5.2.5 Conditions of Bicycle Use
The User undertakes to use the Service in a normal and private manner. As such, the User agrees to use the Service prudently, diligently and responsibly, in compliance with these Terms and Conditions, the French Highway Code, and any applicable regulations.
Each rental may not exceed the Maximum Authorized Continuous Use Duration. In the event of a dispute regarding the Service usage duration, the data provided by the Customer Service IT server shall prevail. Beyond the Maximum Authorized Continuous Use Duration, the Bicycle is considered not returned and the Local Authority reserves the right to charge a fixed penalty of €100 to the User’s bank account.
In the case of an abusive break exceeding 1 hour, the penalty amount is €50.
The User is responsible for the custody of the Bicycle they have rented. They must avoid damage, destruction, or loss. They must systematically lock the Bicycle using the pause feature whenever they stop and leave the Bicycle unattended. The User undertakes to rent and return the Bicycle within the Maximum Authorized Continuous Use Duration.
The User agrees in advance that any breach of this obligation entitles the Local Authority to charge a fixed penalty, the final amount being determined according to the terms and conditions provided in Article 8.3. If use of a Bicycle contrary to these Terms and Conditions is observed, the User undertakes to return the Bicycle at any time, upon the first request of the Local Authority or its representatives.
The User undertakes to report as soon as possible to Customer Service any loss or theft of the Bicycle, or any other issue relating to the Bicycle, the use of their access code, and no later than 24 hours after the occurrence of the event, the Bicycle remaining under their responsibility until its return. Users are solely responsible for updating their personal details and for any consequences resulting from failure to communicate changes. In order to maintain access to the Service, the User undertakes to keep a valid bank card during the entire duration of Service use. If necessary, they must update their bank card details and expiry date directly in their Account.
5.2.6 Civil Liability Insurance
The User declares that they have taken out and hold valid civil liability insurance covering the consequences of using the bicycle.
ARTICLE 6 – TERMINATION OF THE CONTRACT
6.1 Termination of the Contract by the User
The User may terminate the Contract by returning the Bicycle under the conditions of Article 7.3. The User nevertheless remains liable for all amounts due for use of the Service, including any applicable penalties.
6.2 Termination for User Misconduct
The following shall in particular be considered User misconduct:
use of an expired or invalid bank card;
partial or total failure to pay the price of a trip or any amount due for the AuxR_M le vélo service;
use of the Service in breach of these Terms and Conditions.
The Local Authority may suspend access to the Service for the User in breach until the situation is regularized, after prior formal notice to remedy the breach which remains unsuccessful within a reasonable period. The User remains liable for trips made prior to such suspension.
If the Service is suspended for more than two (2) months, the Local Authority may terminate the User’s access to the Service and delete the User’s Account.
Notwithstanding any contrary provision, and within the limits of applicable law, the Local Authority reserves the right to suspend an Account automatically and without compensation in the event of (i) vandalism acts against the Bicycles or Station equipment, (ii) repeated disappearances or thefts of Bicycles rented by the User, (iii) endangerment of others.
ARTICLE 7 – SPECIFIC CONDITIONS OF USE OF THE BICYCLES
7.1 Bicycle Rental from a Station
When renting a Bicycle, the User must:
Open the iOS or Android Application on their smartphone
Enable geolocation and Bluetooth if not already enabled
Enter their destination address (optional)
Reserve a Bicycle (optional). The Bicycle is reserved for a duration corresponding to the estimated walking time between the User’s location and the Bicycle’s location, up to a maximum of 15 minutes.
If applicable, accept the bicycle rental, the displayed Price for this rental, and the parking mode indicated in the Application based on the destination, by clicking the validation button
Go to the reserved Bicycle by following the Application guidance (the Bicycle being reserved for a duration corresponding to the estimated walking time between the User and the Bicycle)
Scan the QR code or manually enter the identification number
The Bicycle is unlocked via Bluetooth communication between the Bicycle and the smartphone. If unlocking is successful, the User will hear a sound signal.
If the Bicycle is at a Station, the User must press the left brake to release the Bicycle and use it.
If the Bicycle is not at a Station, the User may use the Bicycle directly.
If desired, the User may use the smartphone holder available on the handlebars and the Application to receive guidance during the trip. The User is responsible for any damage to their smartphone in case of a fall or improper use of the holder. If the holder is visibly defective, the User must not use it.
7.2 Securing and Safekeeping of the Bicycle
For the purpose of their trip, the User may pause the rental. In this case, rental time continues to be counted. The “pause” feature only secures the Bicycle and locks it for use by a specific User. The pause duration is limited to 1 hour. Beyond this duration, the pause is considered abusive and the Local Authority may apply a fixed penalty of €50 (fifty euros).
The Bicycle may not be immobilized at a Station during a rental. It must be placed on its kickstand. To lock the Bicycle outside a Station, the User must press the “Pause” button in the Application. A sound signal confirms that the Bicycle has been locked.
The User may unlock the Bicycle and resume their trip by following the instructions in the Application.
7.3 Bicycle Return to a Station at the End of the Rental
The User must go to the Station by following the route indicated in the Application in order to return the Bicycle.
Once at the Station, the User must attach their Bicycle (1) directly to the Station or (2) to another Bicycle already present at the Station using the two magnets located on the upper frame below the fork and on the lower frame near the rear hub and, where applicable, to the guiding terminal by inserting the front wheel into the slot.
The User must ensure that the Bicycle has been properly attached through a sound signal and must click “End” in order to terminate the trip.
If the operation is successful, the Application displays a thank-you screen and a summary of the price charged, and gives the User the option to rate the trip.
If an error message appears, the Bicycle may have been returned incorrectly, and the User is invited to repeat the procedure.
If after the sound signal the User is still unable to end the trip, they must contact Customer Service as soon as possible.
A Bicycle is considered returned only when the User sees a confirmation and thank-you message displayed on their phone screen.
7.4 Change of Destination During Rental
If the User decides during the trip not to go to the destination entered at the time of rental, they may go directly to the new destination without informing the Application.
Once at the new destination, the User must click the “End” button in the Application.
The Application will then inform the User of the Bicycle return conditions applicable within the Service Operating Area.
7.5 Emergency Trip Termination Request
If the User experiences an issue ending their trip outside Customer Service opening hours, the User may request an emergency end of trip.
Outside opening hours, this request must be submitted via the Application by clicking the button “Request to end my trip”. The User must complete the form explaining the reasons for ending the trip. The Application may request that a photo of the Bicycle be provided. In this case, the User’s trip will be considered suspended. Final payment will be triggered after Customer Service validation, including verification that the “end trip” feature has not been used abusively.
For the avoidance of doubt, an abusive emergency trip termination is considered to be a request submitted by a User outside the Service Operating Area, or any end of trip solely due to the User where the Bicycle has not been returned under the conditions of Article 7.3.
In the event of abusive use of this feature, the Local Authority reserves the right to charge penalties listed in Article 8.3 of these Terms and Conditions.
7.6 Service Operating Area
For each territory, the Service Operating Area is indicated in the Application. The User agrees to end a rental only within the Service Operating Area. In the event that a Bicycle is abandoned outside the Service Operating Area, the User may be required to pay compensation, the conditions of which are stated in Article 8.
If the User attempts to return a Bicycle outside the Service Operating Area, the Application will indicate the nearest authorized return location. The User cannot return the Bicycle outside the Operating Area: the trip is not ended and the Bicycle remains under the User’s responsibility. If the User nevertheless leaves the Bicycle there, after 2 hours without movement, the Bicycle is considered abandoned.
The Service Operating Area is the central part of the operating area indicated in the Application. Within this area, all registered Users may use the service based on the energy available in the Bicycle’s battery.
ARTICLE 8 – LIABILITY AND PENALTIES
8.1 User Liability
The User undertakes to comply with these Terms and Conditions and to return the Bicycle in the same condition as when it was rented.
The User declares that they are able to use a Bicycle and have the physical condition suitable for such use (sufficient height, good health, etc.).
Since the Bicycle is under the User’s responsibility, the User is recommended to carry out, before actual use, a basic check of its main visible functional components, including (non-exhaustive list):
proper fastening of the saddle, pedals and basket;
proper operation of the bell, brakes and lights;
general condition of the frame and tires.
If not, the User must report any incident through their Account on the Application and/or to Customer Service.
The User declares that they have taken out and hold valid civil liability insurance covering the consequences of Bicycle use. It is also recommended that the User:
adjust braking distance in bad weather;
adjust the saddle height to their body shape;
wear an approved helmet and appropriate clothing.
The User is solely responsible for any damage caused by use of the Bicycle during the entire rental period, including where it exceeds the Maximum Authorized Continuous Use Duration due to late return. Parents or legal representatives of any minor registered for the Service shall be held liable for any damage caused directly or indirectly by the minor as a result of using the Service.
In the event the Bicycle disappears while under the User’s custody, the User must report the disappearance to Customer Service as soon as possible and no later than 24 hours after the end of the Maximum Authorized Continuous Use Duration. In order to allow the Local Authority to recover the Bicycle and thus limit the User’s liability, it is strongly recommended to file a police report as soon as possible, and in any event within 48 hours after the expiration of the Maximum Authorized Continuous Use Duration, and to provide Customer Service with a copy of such report.
In the event of an accident and/or incident involving the Bicycle, the User must report the facts as soon as possible to Customer Service. The Bicycle remains under the User’s responsibility either until it is locked, or failing that, until confirmation of a remote locking request by Customer Service.
8.2 Exclusions of User Liability
The User, or where applicable their legal representative, may be released from liability under general legal conditions, including in cases of force majeure, or by proving the act of a third party.
8.3 Penalties
The User authorizes the Local Authority to charge the following penalties in the event of breach under the conditions defined below:
theft of the Bicycle: €1,000;
disappearance of the Bicycle without justification from the beginning of the rental: €1,000;
damage to the Bicycle attributable to the User: fixed amount of €100 per Bicycle, in addition to the purchase cost of replacement spare parts;
parking the Bicycle on private property: €10/hour;
parking the Bicycle in an obstructive location (e.g. in the middle of a road) and impound removal: €50 + impound fees;
abandoning the Bicycle outside the Service Operating Area: €50 in cities bordering the Service Operating Area, €100 beyond;
abusive pause (over 1 hour): €50;
abandoning the Bicycle near a Station where parking is mandatory and possible: €50;
emergency trip termination request not complying with the conditions: €150.
ARTICLE 9 – PERSONAL DATA – BLOCTEL SYSTEM
9.1 Personal Data
The User’s personal data will be processed in accordance with the Local Authority’s privacy policy.
9.2 Information Regarding the Bloctel System
In accordance with Article L.223-2 of the French Consumer Code, the User is informed of their right to register free of charge on the telephone solicitation opposition list “Bloctel” on the website https://www.bloctel.gouv.fr/. Registration allows the User not to be contacted by telephone by a professional with whom they have no ongoing contractual relationship.
ARTICLE 10 – DISPUTE RESOLUTION
These Terms and Conditions and the relationship between the User and the Local Authority are governed by French law.
In the event of a complaint, the User may contact Customer Service either using the form provided on the Website, by email at auxrmlevelo-lld@fifteen.eu, or by mail. The User has a period of three (3) months from the disputed event to take this step.
10.1 Mediation Clause
The Parties shall use their best efforts to find an amicable solution to any dispute arising between them.
In accordance with Articles L.612-1 and following of the French Consumer Code, the Local Authority guarantees the User the possibility to use, free of charge, in the event of a dispute that has given rise to a prior written complaint to Customer Service, a mediation procedure with the Mobilians Mediator, subject to compliance with the admissibility conditions of the file (available at: http://www.mediateur-mobilians.fr/comprendre-la-mediation.htm):
by postal mail to: Mobilians, 43 bis route de Vaugirard - CS 80016 - 92197 Meudon Cedex;
or by email to: mediateur@mediateur-mobilians.fr.
The solution proposed by the Mediator is not binding on the Parties, who remain free at any time to leave the mediation process and bring the matter before the competent French courts.
10.2 European Platform for Online Dispute Resolution
The User is also informed of the existence of the European online dispute resolution platform, intended to collect possible complaints arising from an online purchase by European consumers and forward them to the competent national mediators. This platform is accessible at: https://ec.europa.eu/consumers/odr/.
ARTICLE 11 – APPLICATION AND ENFORCEABILITY OF THE TERMS
These Terms and Conditions apply to any use of the Service by a User and are available at any time at auxrmlevelo.com.
The User undertakes to read and accept the Terms and Conditions before first using the Service and downloading the Application. The User is informed that simply using the Service implies full and unconditional acceptance of all provisions of these Terms and Conditions. The User acknowledges being fully informed that their agreement to the content of the Terms and Conditions does not require handwritten or electronic signature of a document.
The Operator reserves the right to modify the Terms and Conditions at any time, without prior notice, it being understood that such modifications shall apply only to subscriptions and uses carried out after such modifications.
The fact that the Local Authority does not enforce, at a given time, any of the provisions of these Terms and Conditions shall not be interpreted as a waiver of its right to enforce them later.
If any clause of these Terms and Conditions is declared null, illegal or unenforceable, in whole or in part, the remaining clauses shall remain in force and continue to have full effect.
If the Service were entrusted to a company other than the Local Authority, the User agrees that these Terms and Conditions shall be automatically transferred to the assignee, whoever it may be.