Terms and conditions

Users have the following contact details:

S.C. Techwise Electronics S.R.L.

Address: Prelungirea Craiovei street, No. 107, Geamăna Village, Bradu Commune, Argeș County, zip code 117140

Telephone: +40 743 566 969,

Dispatched telephone number: 0371 900 191

App: CICLO available on Android and iOS operating systems

e-mail: contact@ciclo.ro;

website: www.ciclo.ro;

1. Preamble

Transport by means of bicycles represents an alternative for mobility in the Locality.

The CICLO bike-sharing system, on the territory of the Locality consisting of the Mobile Application, the Docking Stations, the bicycles and all the elements necessary for the operation of the bike-sharing System are owned by the Locality.

This document, hereinafter referred to as Terms and Conditions, regulates the manner of using the bike-sharing system.

The bike-sharing system offers bicycle rental services located in the Locality, under the bike-sharing regime, in accordance with the Terms and Conditions provided below. In order to benefit from the bicycle rental services, it is mandatory to express your consent regarding the Terms and Conditions set forth below.

These regulations define the conditions under which users can use and access the Locality ‘s bike-sharing system. The use of a bicycle through this service implies the express acceptance of all conditions presented in these Regulations.

Accessing the System is conditional upon accepting the general terms, as well as the personal data processing note, valid at the time of using the System and which may change at any time during the System’s operation. The general terms and the personal data processing note are made known before and during the use of the service and are considered to be accepted by continuing to use the bicycle rental services.

2. Definitions

Bike-sharing system – any reference to the bike-sharing system implies the entire bike-sharing network, including all its elements, previously described in the Preamble.

User – a user is a person registered within the System in accordance with the provisions stipulated in the Terms and Conditions.

Docking stations – represent the locations specially designed for the collection and return of bicycles from the System.

3. Registration

In order to be able to use the bicycles from the bike-sharing system, it is necessary to create an account within the CICLO mobile application. To create the account, you need: Phone number, Email or Facebook address and credit/debit card association.

If the services of the bike-sharing system are paid, it is necessary to enter the 3D Secure code requested in the mobile application by your bank.

Users are responsible for the correctness and truthfulness of the information provided through the mobile application.

To access the services of the bike-sharing system, users need a smartphone with Internet access, Bluetooth and GPS function, and running on the iOS or Android operating system.

Registered user status requires, in addition to creating and activating a registered user account, the provision of certain personal identification data: name, surname, provision of a valid email address, telephone number and the addition and registration of a payment method (bank card), as well as some validation measures. The validation of the operation of adding a payment method is done by means of a test transaction. In general, the test transaction does not contain a financial value, but in some cases, depending on the bank issuing the card, it may have a value of 1 Ron, a value that will be returned to the bank account after validation. The term for returning the value of the validation transaction may vary from a few minutes to a few days (maximum 30), depending on the bank issuing the bank card.

All users of the System are required to read the Terms and Conditions and accept them before using the System for the first time.

The mere use of the System implies full and unconditional acceptance by any user (registered or unregistered) of all the conditions stipulated in this Regulation and in the terms and conditions of use of the System, and no handwritten or electronic signature is required for the user’s agreement to the content of the terms and conditions.

4. Rules of use

The bicycles of the System can only be picked up from bicycle rental stations.

The System’s bicycles can only be returned and secured at the bicycle rental stations.

By being picked up or returned, it will be understood as unlocking and securing the bicycle in the docking station within the bike-sharing system. Securing the bicycle with a lock during the ride will not be considered a return. Throughout the ride, the user assumes responsibility for both the integrity of the bicycle and its proper use in accordance with legal provisions.

Bicycles are unlocked via the CICLO mobile application, using mobile devices to access the CICLO app, available on GooglePlay and the App Store.

The system is available year-round, except during the cold season. Depending on the weather conditions during this cold season or other exceptional circumstances, the usage schedule may vary.

The operator is not liable for any damages/claims caused by the suspension of the bike-sharing system’s operation for the reasons mentioned above. In the event of a stoppage or interruption of the bike-sharing system, the operator will make every effort to inform the user in real-time about the system’s availability.

5. Users’ responsibility

The rented equipment will be used exclusively by the user in question and only for personal transportation.

The user must use the bicycle only on routes appropriate to their level of experience.

The user is obligated to return the borrowed bicycle on time, according to this Regulation, and in the condition in which it was received, except for normal wear and tear.

The user is obligated not to transfer the bicycle to another person.

The user is obligated not to use the bicycle in conditions that may damage it.

The user must use the bicycles properly, diligently, and carefully to avoid any damage.

The user must use the bicycles in accordance with traffic laws and any other applicable legal provisions (complying with Government Emergency Ordinance No. 195/2002 regarding traffic on public roads, with subsequent amendments and completions, and complying with Government Decision No. 1391/2006, which approves the Regulation for the application of Government Emergency Ordinance No. 195/2002 regarding traffic on public roads, with subsequent amendments and completions).

To park bicycles only in specially arranged places or where this is allowed.

To be fit for cycling and not have any medical contraindications.

To insure the bicycle against the risks of theft when not in use.

Bicycles can only be used by people who are over 14 years old at the time of registration in the System.

Compliance with the maximum load allowed on bicycles, i.e. 120 kg.

The use of bicycles by several people at the same time is prohibited.

Bicycles can only be used by users who have picked up the bicycles from the docking station. Bicycles cannot be transferred during the rental by the user who picked up the bicycle to other users/other people.

Bicycles cannot be used by people who are under the influence of alcoholic beverages or other psychoactive substances. It is prohibited to carry minors in the bicycle shopping basket.

The bicycles are meant to be used for urban mobility, any contrary use (such as the use of the bicycle for the transport of goods, delivery of any kind, sports competitions, etc.) constitutes a violation of these terms of use and incurs the responsibility of the user.

Bicycles may not be used for participating in bicycle races or participating in extreme sports.

Vandalizing or modifying the bicycles in any way is prohibited.

Bicycles can only be used in weather conditions that allow such an activity.

The bicycles cannot be used outside the locality from which they were picked up.

The system can be accessed by registered users in accordance with the procedure described in this Regulation. Where it is not specified otherwise in the content of these Regulations, any reference to the user refers to „registered users”.

Each user can open only one account to access and use the Bicyle Rental System.

The user is fully responsible for any incidents (traffic events, collisions, accidents, etc.) as well as for any damages of any kind (material, moral, physical, etc.) caused to a third party during the use of the bicycle. In such cases, the user is obligated to inform the Operator as soon as possible by phone and subsequently provide copies of the documents prepared in these situations. The municipality is not liable for any incidents/accidents/damages of any kind caused by the users’ use of the bicycles.

The user is obliged to use the rented equipment under normal operating conditions, to avoid hitting or losing sub-assemblies of the rented equipment and it is forbidden to transport the bicycles by any means of transport without the prior written consent of the Operator. Otherwise, the Locality will be able to claim compensation at the market value of the repair or the missing equipment (subassembly).

In the event of any malfunction occurring during use (brakes, brake levers, shifters, handlebars, saddle, frame, wheels, spokes, rims, chain, etc.), the user is obliged to notify the Operator by phone at the mobile phone number. It is prohibited to repair or modify the bicycle by the user.

In the event of the bicycle being stolen, the user is obligated to report the theft to the Local Police as soon as possible, inform the Operator by phone, and provide copies of the statement and documents (registered with the Local Police).

In special situations where it is found that the legal provisions of this regulation are not respected, the Operator may interrupt the use of the bicycle by notifying the user who rented the bicycle.

By accepting the Terms and Conditions, users also confirm that they are aware of the legal provisions applicable to the use of the bicycle.

For the optimal functioning of the CICLO app, it is necessary that your device allows the use of location services during the bicycle rental. If the System operator is unable to identify the geographical location of a bicycle, they may contact the user to verify the status of the ride. In cases where this is also not possible, the operator will notify the authorities regarding the disappearance of the bicycle.

Picking up the bicycle 

Bicycles can be rented from any rental station in the System, subject to their availability and within the operating hours.

The conditions for picking up the bicycle, as well as the rights and obligations that apply at the time of rental, are displayed in the Terms and Conditions section of the CICLO app and at the bicyle rental stations.

Before picking up the bicycle, users are obligated to ensure that it is in optimal condition for use. By picking up the bicycle, users confirm that it is in good working condition, and any damage reported afterward may be considered to have been caused by the last user of the bicycle.

The inspection of the bicycle by the user is performed in two distinct steps: visual and functional, as follows:

The visual check consists in the fact that before each withdrawal of the bicycle from the station, the user will perform a basic visual check of the bicycle, which includes, but is not limited to tires, brakes, lights, frame, seat, handlebars, any other visible sign of damage or unusual or excessive wear.

If the bicycle shows no visible signs of damage or wear, the unlocking operation can begin, but if the bicycle shows visual non-conformities, the user can notify the Operator through the mobile application, in the Problems and Contact section.

Unlocking the bicycles is possible using the CICLO app installed on your mobile phone, by scanning the QR code following the steps below:

– The user is registered and authenticated in the application;

– In the application, press the „Scan QR code” button from the main menu;

– Choose the bicycle and scan the QR code, applied to the bicycle docking station signalled as functional by a light signal (green);

– A 30-second countdown timer is displayed on the mobile phone screen, and an audible signal and a light signal (flashing green) at the docking station will confirm that the bicycle has been unlocked for use.

– The user pulls out the bicycle

– The countdown timer disappears on the mobile phone screen and the flashing sound and light signal stop at the docking station

The functional check consists of the user performing a safety check of the bicycle after removing it from the station. This check includes, but is not limited to, the steering system, braking system, propulsion system, and lighting system.

If the user notices any damages after picking up the bicycle, they are obligated to return the bicycle, cancel the rental, and report the damages through the app, in the Problems and Contact section.

The user has 5 minutes to perform this functional inspection, during which the System will not consider the ride as started. After the 5 minutes, the ride will be considered as started, and the user will assume full responsibility for the integrity of the bicycle until the ride is completed and the bicycle is locked and secured at any bike-sharing station, in one of the docking posts marked as available.

Bicycle Usage 

Proper equipment for using the bicycle in accordance with legal regulations (such as a helmet, reflective vest, etc.) is the responsibility of the user, and any liability for non-compliance with applicable laws rests with them.

Users are responsible for any damage caused to the bicycles during the ride. They are also responsible for any damage caused to third parties or the property of third parties.

The user is obligated to notify the Operator in case of any malfunctions during the use of the bicycle and return it to the nearest station.

If the user is unable to continue the ride due to a malfunction, they must inform the Operator and wait for the Operator to carry out the necessary procedures for retrieving the bicycle.

Detailed information and instructions regarding the operations related to the bicycle rental activity (e.g., creating an account, updating/modifying an account, using the app, using the docking system, etc.) will be available in the CICLO app.

Suggestions and complaints can be submitted through the CICLO app in the Problems and Contact section.

Disappearance/Theft of the Bicycle 

If the bicycle is not returned within 12 hours (from the expiration of the return deadline, i.e., 12:00 AM), it will be considered a suspected theft, and the authorities will be notified.

In the event of damage caused to third parties or their property, the user bears full responsibility and must inform the Locality.

If any third party makes a claim against the Locality or if the authorities impose a penalty related to the use of the bicycles, the Locality may seek compensation from the responsible user for any incurred costs.

Returning the Bicycle

The rented bicycle must be returned within the usage period, otherwise, penalties will be applied.

To return a bicycle at the station after use, the user must secure the bicycle (initially unlocked at the time of rental) in the docking system.

The return operation is simple: the bicycle is inserted into the docking post, holding it by the handlebar, with no additional actions required.

If the bicycle is not properly secured in the docking post, the operation will be indicated by a red light. In this case, the user should try to repeat the docking procedure or contact the Operator by phone if the issue persists.

Until the return operation is completed and the bicycle is locked and secured at any bike-sharing station, the bicycle remains the responsibility of the user.

Users are obligated to return the bicycles in the same condition as when they were picked up, except for wear and tear caused by normal use.

Users are also required to report any damage that occurred during the rental through the CICLO mobile app, in the Problems and Contact section.

6. Contraventions

The following acts constitute a contravention and are punishable according to the law, if they were not committed under such conditions that, according to the criminal law, they are considered crimes:

– not returning the rented bicycle to the docking station until 24:00 on the day of the rental;

– the user’s failure to declare the damage caused to the bicycle during its use;

– use of the rented bicycle, in other areas and for other purposes according to these Regulations;

– damage or destruction of bicycle components, docking stations, rental stations, repairs and modifications to the bicycle;

In addition to the main contravention sanction established in this Regulation, the complementary contravention sanction of cancelling the right to use the system can also be applied.

With the application of the main contravention sanction, through the minutes of the finding of the contravention, it will be established that the violator must pay the damages found in the established amount.

The contravention sanctions established in this Regulation are determined by minutes of the finding and application of the contravention sanction and can be applied to violators, natural persons.

Finding and sanctioning contraventions is done by the authorized detection agents of the Locality.

7. The right of ownership

The right of ownership of bicycles, docking stations or any other element of the bike-sharing system belongs to the Territorial Administrative Unit.

8. Intellectual property

The right to use the mobile application is intended only for the purpose of using the bike-sharing system. Copying, modifying, distributing and selling, as well as recreating or extracting the source code of the services or software is prohibited.

9. Protection of personal data

Personal data are processed in accordance with the CICLO Privacy Policy, which can be accessed here: Politica GDPR.

The use of personal data will be made in accordance with the legal regulations in force in relation to the protection of individuals regarding the processing of personal data and the free movement of such data;

By registering and activating an account, the user explicitly and unequivocally consents to having their personal data entered into the database of the System.

The Operator will process personal data during the existence of the account solely for the purpose of ensuring the service for which the account was created, and after account deactivation, the Operator will process personal data in anonymized form, to be used only for internal statistical purposes.

The information provided by users will be used solely to ensure the operation of the System, to continuously improve its functionality, and to enhance the quality of the services offered.

The Operator will not share personal information with third parties, except in the following cases:

1. With the user’s consent;
2. If it is necessary to transmit information for the functioning of the bike-sharing System;
3. Personal information may be provided to authorities or public institutions in accordance with legal provisions or in good faith if:

– It is required by a legal provision;

– It protects the rights of the Locality;

– It prevents a crime or protects national security;

– It protects the safety of the individual or public safety;

– Other exceptional situations;

– If the user’s activities contradict the terms and conditions or the instructions for using the System.

10. Final clauses

We reserve the right to select our users. Any violation of these clauses may result in the loss of user status in the bike-sharing system.

The terms and conditions of the bike-sharing system apply to any use of it and are available in the app.

The user agrees to review and accept the System’s terms and conditions before using it for the first time, by checking the appropriate box. The user is informed that the mere use of the System implies full and unconditional acceptance of all provisions.

The Operator reserves the right to modify the terms at any time without prior notice, with the understanding that such changes will apply to uses made after those modifications. Therefore, it is imperative that the user consult and accept the terms and conditions each time they use the System.

If any provision governing the terms and conditions of the System is declared null, illegal, or unenforceable, in whole or in part, the other clauses will remain valid and continue to have full effect.

The law applicable to these Terms and Conditions is Romanian law.

The competent court to resolve any disputes related to the use of the bicycles is the territorially competent court.

The current version of the Terms and Conditions was adopted on February 25, 2022.