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Terms and conditions

 

  1.Preamble  

The CICLO bike-sharing system consisting in the web page, CICLO application, docking stations, bikes, and all elements required for the operation of the CICLO system are the property of TECHWISE ELECTRONICS S.R.L. 

The present document, hereinafter called Terms and Conditions, regulates the manner and conditions for use of the CICLO system.    

CICLO provides services of bike-rental from the CICLO network, in bike-sharing mode, in accordance with the terms and conditions below.  In order to benefit from the services provided by CICLO, you have to give your consent as to the Terms and Conditions herein.    

 

  2.Definitions 

CICLO – any reference to CICLO implies the entire bike rental network, in bike-sharing mode, including all of its elements, previously described in the Preamble section.   

User – is the natural person registered in accordance with the provisions of the present Terms and Conditions.   

Member – a Member is the user registered as per the provisions of the present Terms and Conditions and who holds a subscription for bike rental in the CICLO network.   

Docking stations – represent the locations specially fitted for pick-up respectively drop-off of the CICLO bikes.   

 

  3.Registration   

In order to use the bikes of the CICLO network, it is necessary to create an account using the CICLO app.  The account may be created using an e-mail address or a Facebook account.  Also, in order to create the account, it is necessary for you to provide CICLO with your phone number respectively, data required for payment processing.   

For payment processing, it is necessary that you associate a debit card, credit card, or other valid means of payment to your account.    

Users are liable for the correctness and accuracy of the information provided through the CICLO application.   

In order to use CICLO, users require a smart phone with internet access, Bluetooth and GPS functions operating with iOS or Android.   

Users may become CICLO Members by purchasing a subscription.   

 

  4.Rules for use   

CICLO bikes may be picked-up respectively returned exclusively from CICLO docking stations.  Bikes are unlocked through the CICLO application.   

Users have the following obligations with regard to the use or CICLO bikes:  

To adequately, diligently, and prudently use the bikes so as to avoid any deterioration.   

To use CICLO bikes in accordance with traffic related legislation and any other applicable legal provisions.   

To park the bikes only in places especially fitted for this purpose and where allowed.   

To secure the bike against theft risks when not in use.   

Bikes may only be used by persons aged 14 or more.   

One user cannot rent several bikes simultaneously.   

In using the bicycles, users are aware of the fact that the maximum weight allowed on bicycles is ….. Kg.  The use of bikes simultaneously by more persons is forbidden.   

Bicycles may be used only by users who picked them up from docking stations.  During renting by the user who picked them up, bikes cannot be assigned to other users/persons.   

Bicycles cannot be used by persons under the influence of alcoholic beverages or other psychoactive substances.   

Bikes are meant to be used for inner city public transportation and any other contradicting use (like using the bicycle for transporting goods, any kind of delivery services, sports competitions, or mountain bike, etc.) constitutes a violation of the present terms and conditions and may lead to the user being held accountable.   

Alteration or tampering with the bikes, in any way whatsoever, is strictly forbidden.   

Bicycles may only be used in weather conditions allowing for such an activity.   

Bikes cannot be used outside the confines of the city wherein they were picked-up.   

No rental may exceed a term of 7 days.   

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

For the optimal operation of the CICLO app, it is necessary for your device to allow the use of location services during the renting of the bike.  In the extent wherein CICLO cannot identify the geographical location of a bike, CICLO representatives may contact the user in order to verify the status of the ride.  Additionally, in cases when such is not possible, CICLO may approach authorities with regard to the disappearance of the bike.   

Operation of the CICLO app depends on internet services therefore, proper operation may be affected by any disturbance of the network.   

 

  5.User liability  

Bike pick-up  

Before Bike pick-up, user are under obligation to make sure that such is in optimal conditions of use.  By picking-up the bike, users confirm that such are in proper conditions of use and therefore, any noticed deterioration may be seen as having been caused by the last user of the bike.   

Therefore, before every rental, the user will carry-out a basic bike inspection including, but without limitation to, tires, brakes, lights, frame, seat, and handlebar as well as any visible deterioration or unusual or excessive wear and tear.    

Nevertheless, if after bike-up, the user notices certain deteriorations, such is under obligation to return the bike and renounce the rental, within a deadline of 15 minutes.  Furthermore, the user is under obligation to report damage of the bike through the application.   

Using the bike  

Users are liable for causing any kind of damage on the bikes during their rental.  Users are also liable for any damage caused for third parties or third party assets.   

CICLO reserves the right to charge the user who damaged a bike while renting it.  Charging is achieved through the bank card registered on the user’s account.  Following damage assessment, the user will be charged with the value of repairs for the bike.  In the event of irreparable damage, the user will be charged with the amount of 400 EUR.   

No rental may exceed a term of 7 days.  If this term is exceeded, CICLO is going to contact the user in order to return the bike. If this is not possible, CICLO is going to contact the authorities and charge might charge the user with the amount of 400 euros. 

In case the bicycle is returned dirty, with the exception of dirt caused by the normal use of the bike, CICLO will be entitled to charge the user with the costs related to the washing of the bicycle.   

Bike disappearance/theft  

In the event wherein a bike disappears/is stolen during rental, the user is under obligation to immediately notify CICLO about such event.  In case of failure to observe the provisions of the Terms and Conditions, including the obligation to inform CICLO with regard to the disappearance of the bike, or in the event wherein such disappearance is owed to user neglect, such user may be charged with the value of the bike namely, 400 EUR.   

If, within 30 days from the disappearance of the bike, the user return the bicycles and such is in a perfect state of operation, the user will be reimbursed with the amount of 300 EUR.   

In the event of accidents, the user is under obligation to inform CICLO respectively, if necessary, to call the police and ambulance services.  In the event of failure to comply with the information obligation, the user may be held accountable for occurring damages.   

In the event wherein any third party formulates any claim against CICLO or should authorities enforce any sanction in relation with the use of bicycles, CICLO may turn against the user responsible in order to recover any such costs.,   

Bike drop-off  

Users are under obligation to return bikes in the state they were in when picked-up, with the exception of damages caused by regular wear and tear.   

Users are under obligation to report any damage occurring during rental.   

No rental may exceed a term of 7 days. After the bike is returned and the fee is successfully paid, the user may pick-up a bike again.   

 

  6.Price and method of payment  

The rental price will be calculated depending on the duration of rental.   

The price per minute for use will be computed by the CICLO app based on several factors like, the docking station wherefrom the bike was picked-up, the period of rental, etc.  

It is possible for the price to be higher for short-term rentals and for the price to decrease throughout the ride if the length of the rental increases.   

in all situations, the applicable rate will be posted for the user before the pick-up of the bike.   

The rental fee will be charged upon the return of the bike.  Payment of the rental fee will be made through the bank card associated with the user’s account.   

The user may not rent another bike until payment of the fee related to the last rental is achieved.   

By way of exception from the previous provisions, the user may be charged periodically and during the rental if such exceeds 23:00 hours.  In the event of a rental lengthier than 24 hours, in case of failures to make the periodical payment, CICLO representatives will attempt to make contact with the user.  if such action is not possible, CICLO will declare the bike as missing and notify the police.  In this later case, CICLO may charge the value of the bike.   

 

  7.Ownership  

Ownership over the bikes, docking station, or any other element of the CICLO system belongs to the company TECHWISE ELECTRONICS S.R.L.  

 

  8.Intellectual property   

Subject to these Terms, we hereby grant you a limited, non-exclusive, non-licensed, revocable, and non-assignable license to access and use the app and software, and our related services from your personal device only for the use of our services.   

Such rights are intended only for your personal, non-commercial use.  Any rights which are not expressly granted herein are reserved by us.  You are not allowed to copy, amend, distribute, sell or rent any part of the Services or recreate or attempt to extract the source code of the Services or software.   

  9.Personal data protection 

 Personal data is processed in accordance with the CICLO Confidentiality Policy which may be accessed here: https://www.ciclo.ro/privacy-policy-gdpr 

  10.Final clauses 

We reserve the right to choose our users.  Any violation of the present clauses may lead to losing the capacity of CICLO user.   

The law applicable for the Terms and Conditions is Romanian law.  

The court competent to resolve any dispute arising in relation to the use of CICLO bikes is located in Alba-Iulia.   

We reserve the right to amend the CICLO Terms and Conditions if necessary. If we endeavour to do so, we will notify all users with regard to the new format of the Terms and Conditions respectively with the term whereon such may be accessed.   

The present format of the Terms and Conditions was adopted on 25.06.2020  

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