GENERAL CONDITIONS OF ACCES AND USE BY USERS OF THE APPeBIKE SERVICE
Object of APPeBIKE
1.1. APPeBIKE is a tourist service with self-service electric bicycles (the “Service”) offered by SAS APPeBIKE (the “Service Provider” or “us”) and consisting of electric bicycle stations arranged in tourist establishments (the “Partners”). These APPeBIKE terms and conditions (the “Terms and Conditions”) are applicable to the entire APPeBIKE Partner Network and govern the relationship between “APPeBIKE” and any registrant (the “User”, the “Tenant” or “you”) wishing to use the APPeBIKE application that can be downloaded for free from the Appstore and Playstore Android (the “APPeBIKE Application”).
1.2. APPeBIKE contact details: APPeBIKE is a simplified joint-stock company with a capital of 3922 euros, registered in the Ajaccio Trade and Companies Register under number 823 518 881, with its registered office at 9 cours Général Leclerc 20000 Ajaccio, France.
1.3. Opening hours: the APPeBIKE service is available in partner establishments from April 1st to October 31st, 7/7 from 7:30am to 7:30pm. The APPeBIKE operator call center is open Monday to Friday from 8am to 7pm. An APPeBIKE emergency line allows you to contact the service provider 7 days a week from 7am to 8pm.
APPeBIKE service structure
2.1. The APPeBIKE service is used via the APPeBIKE mobile app. The APPeBIKE application has multiple functions :
- it makes it possible to identify oneself
- book a rental of one or more electric bicycles
- deposit a bank guarantee and pay his or her reservation (s)
- access a menu of information including: assistance, conditions of sale and insurance, legal notices, button “Contact us”.
- state the state of an electric bicycle at the departure and return of a rental.
- use a mobile electronic padlock attached to an electric bicycle to remove and return an electric bike, attach and secure the electric bicycle during temporary stops during the rental day.
- download tourist tours with points of interest.
- Chat and share with the APPeBIKE user community.
2.2. The Service is made up of electric bicycle depot stations in partner establishments comprising: the attachment points (the “Terminals”) of the electric bicycles assigned to the service. Rechargeable battery cables for electric bicycles a variable number of electric bicycles depending on the location, from 5 to 20 electric bicycles optional accessories to reserve on the application and to be removed from partner establishments: helmets, anti-puncture bombs, child seats…
2.3. Electric bike basic equipment: each rented electric bicycle is equipped with: front and rear lights, Bosch 500 Wh battery, Bosch Purion on-board computer, hydraulic brake system, chain, front basket, luggage rack, electronic padlock and attachment cable. All of this equipment, together with optional accessories, constitute the leased property.
APPeBIKE service registration
3.1. To benefit from the services offered by APPeBIKE, you must be over 18 years of age or accompanied by a responsible adult. The user certifies that he/she is fit to use the rented goods and declares that he/she has no medical contraindication.
3.2. You must complete the membership form via the APPeBIKE Application and the APPeBIKE sites by filling in the fields with complete and accurate data. In the event of an incomplete or erroneous declaration, the User’s account may be closed, by operation of law, without notice and without prior formalities and the User agrees to guarantee APPeBIKE of all the consequences that could result from this incomplete or erroneous declaration.
3.3. In order to receive booking confirmations and information messages about your rentals, you will need to provide us with a valid email address and your mobile phone number.
3.4. During the registration process, you will be asked to provide us with your credit card information (prepaid cards and capped cards such as Maestro and Electron cards are not accepted).
3.5. By subscribing to the service offered by APPeBIKE, you acknowledge that you have read and agree to be bound by the General Terms and Conditions. Every new electric bicycle rental. will lead to a repetition of your acceptance of the terms of the General Terms and Conditions.
3.6. Once your registration has been validated, you can complete your profile with information about yourself, including a profile photo. As such, you warrant that you have all the rights necessary to use this information and/or images within the framework of your profile and grant APPeBIKE the right to use, reproduce and represent APPeBIKE within the framework of your use and availability of the APPeBIKE Application as well as within the framework of any action to promote the services used by APPeBIKE (by internet, television and/or on paper). This authorization is valid for the duration of your membership in APPeBIKE and covers elements subject to intellectual property rights as well as those related to the protection of your privacy and image rights.
Booking – Payment
4.1. You can book an electric bicycle via the APPeBIKE application or on the website www.appebike.com.
4.2. You must reserve the electric bicycle before you can use it. At the time of your reservation, two sizes of electric bicycles will be proposed to you, according to the availabilities according to the period concerned and the place of renting.
4.3. You may reserve the electric bicycle up to six (6) months in advance and up to a maximum of five (5) simultaneous bookings on the same rental slots.
4.4. The payment of the rent is made at the time of booking confirmation. Payment involves the payment of your rent and optional services such as the assistance package upon reservation. Your credit card, selected at the time of booking, will be charged the amount indicated. You will then receive an email and/or text message confirming your reservation. In addition, the amount paid will be mentioned on the final invoice. The amount excludes any penalties which will be deducted at the end of the rental period in case of damage or late return of the electric bicycle.
4.5. The credit card used for the reservation must be in the name of the account holder. If you do not use a card that is not in your name, we reserve the right to cancel your reservation and debit your payment card registered for the damage caused.
4.6. You will receive a confirmation of your booking by SMS on your mobile phone and/or e-mail.
Security Deposit : Liability – Damage to Leased Property – Theft
5.1. The lessee releases APPeBIKE from all liability arising from the use of the rented property, in particular with regard to the tangible, material and immaterial consequences of accidents of all kinds. The lessee declares that he holds a personal liability insurance policy which guarantees the liability incurred in connection with the use of the Leased Goods by himself, the persons in his care and his servants. Subject to what is stated in article 6 below, the tenant does not benefit from any coverage for damages or theft suffered by the Rented Goods and engages personally his responsibility for the said damages, breakage and theft. Damage suffered by the Leased Goods, theft or loss of the Leased Goods will be invoiced to the lessee according to the tariff in force, hereinafter referred to as “nomenclature of degraded rooms”.
5.2. At the time of each booking, you authorise APPeBIKE to check the validity of your credit card (by means of a payment authorization for an amount of one hundred and fifty euros (150 €) and to debit it with the amount of each rental as well as any additional charges. You acknowledge that you are informed and accept that the amount of the payment authorization of one hundred and fifty euros (150 €) can be taken into account in the balance of the bank account corresponding to the credit card used and/or in the debit limit attached to the said card. The amount in question will be debited by APPeBIKE only in the event of damage caused to the electric bicycle and/or in the event of an incident of payment during the payment of the amount corresponding to your rental. The security deposit allows you to block a sum of money on your bank account but is not cashed at the beginning of the rental period. It is intended to cover the additional costs and possible damages during your rental period. Depending on your bank, this amount may appear to be deducted from your account, which is not really the case.
5.3. On return of the Leased Goods the deposit is returned to the tenant. The tenant authorizes the lessor to deduct from the deposit the sums due:
under the franchise,
repair of damage and theft, the costs of which are set out below:”nomenclature of degraded parts”.
by way of compensation for late return of leased property.
It is expressly agreed that the amount of the deposit shall in no case constitute a limit of guarantee, the lessor retaining, where applicable, the right to sue the lessee for full compensation for damages.
Modification / Cancellation of a reservation
6.1. You can modify a reservation up to 3 hours before the scheduled start of the rental, subject to availability, either directly in the application or by contacting Customer Service. The modification may concern all or part of the reservation, i. e. starting point, start and end dates, timetables, options and insurances.
6.2. Any modification of your reservation may result in a price change, since the reservation will be modified according to the prices in effect on the date of the modification. You will receive a confirmation of the modification of your reservation by SMS and email, specifying the new terms of your reservation, as well as the new total amount paid.
6.3. If you received a promotional offer or discount at the time of your initial booking, and your change no longer meets the criteria for this offer or discount, then the promotion will no longer apply. No compensation can then be requested.
6.4. You will not be able to change your tenancy once it has begun.
6.5. You will be able to cancel your reservation free of charge up to three (3) hours before the start of your rental. In case of cancellation less than three hours before the start of your rental, the rental day will be due.
6.6. In case of severe weather conditions (wind gusts of more than 80km/h, storms, rainstorms and hail) you will be able to cancel your reservation free of charge.
Procedure prior to the removal of an electric bicycle and commencement of rental
7.1. Before withdrawing your rental, it is strongly advised to have a helmet (mandatory for children under 6 years old) and a puncture proof bomb. These accessories are made available free of charge to users of the APPeBIKE service and must be reserved in advance in the “Options” section of the application. You must present the summary of your reservation at the reception desk in order to collect the reserved accessories. All accessories borrowed free of charge must be returned in the condition in which they were taken or else a deposit will be withheld (see fee schedule).
7.2. In order to remove an APPeBIKE electric bicycle, it is therefore essential to have a functioning and APPeBIKE-compatible smartphone with an internet connection and Bluetooth capability. Under no circumstances should you lend your smartphone or let a third party use your application access codes to unlock the electronic lock of an APPeBIKE electric bicycle. Any use made by means of your account on the APPeBIKE Application will be considered as having been made by you. In the event of loss or theft of your smartphone that may result in unauthorized use of your APPeBIKE Application account, you must immediately contact APPeBIKE customer service on +33 6 78 93 42 73 or email@example.com to have your account suspended.
7.3. Before you can unlock the electronic lock of your electric bicycle, you will need to carry out an inventory of the electric bicycle and its components. If this one presents damages which are not already listed in the APPeBIKE application you must declare these damages, by taking a picture of the part of the electric bicycle and the damaged or missing parts. Otherwise, you will be held responsible for these damages and the corresponding costs will be invoiced to you.
7.4. If the battery power cable is not disconnected, you must disconnect it yourself, otherwise you may damage its power supply system and be held responsible. Any corresponding costs will be charged to you.
7.5. The rental takes effect at the moment when the tenant takes possession of the Rented Goods by unlocking the electronic lock of the rented electric bicycle at 7:30 a. m. at the earliest. If the lessee retains the Bike and Accessories beyond this period without having regularized his situation, he loses the benefit of the guarantees provided for in the contract. The lessee acknowledges having received the Leased Goods in good working order with the basic equipment. He/she declares that he/she has had full personal discretion to check the Leased Goods and select them in accordance with his/her needs. The tenant undertakes to return the Rented Goods in the condition in which they were rented, except for normal wear and tear.
Conditions of Use
8.1. The User may add up to four (4) other rentals on the same order provided that these users are also over 18 years of age or accompanied by a responsible adult and are able to use the rented goods, and that they have no medical contraindication. These persons will be allowed to ride the rented electric bicycle. Any use of the electric bicycle and any damage suffered by the electric bicycle will be considered as having been carried out by the User who made the reservation.
8.2. You must use the APPeBIKE Application to be able to use the full functionality of the APPeBIKE service. It is therefore essential to use a working smartphone that is compatible with the APPeBIKE application, has an internet connection and Bluetooth functionality.
8.3. The loan or sublease of the Leased Goods is strictly prohibited. The user is forbidden to intervene on the Rented Goods in the event of a breakdown or to call upon an independent repair service or a third party without the agreement of the lessor.
8.4. The user undertakes to use the rented property as a good father. You must not add any equipment or accessories to the electric bicycle (rear basket, trailer, saddlebags, etc.), other than the accessories offered by APPeBIKE. It is strictly forbidden to transport people or animals on the rear luggage rack or in the fixed front basket. The use of electric bicycles is prohibited in the following cases: outside of the vehicle or adapted to the vehicle or areas forbidden to the public; for all illicit purposes; for the transport of objects or substances flammable, corrosive, toxic, explosive, ionising or bulky which could damage the electric bicycle.
8.5. The use of the baby seat is restricted to children aged 2 to 5 years old and weighing between 8 and 18 kg. The baby must be properly strapped with the belts provided.
8.6. You must not use the electric bicycle if you are under the influence of alcohol or any other prohibited substance and/or likely to affect your judgment, decrease your reflexes and ability to drive and/or cause drowsiness.
8.7. The user undertakes to respect the rules of the road. The wearing of the helmet by the tenant is strongly advised by APPeBIKE. The lessee acknowledges that APPeBIKE offered him a helmet on loan during his reservation.
8.8. During the momentary parking of the electric bicycle, the user must obligatorily place the lock around a fixed and solid element by integrating the frame and the front wheel of the electric bicycle, and must lock the electronic padlock via the APPeBIKE application.
8.9. If the electric bicycle suffers damage, you are responsible for it and you must notify us immediately in the event of an incident.
8.10. If the electric bicycle is involved in an accident, please contact + 33 4 95 24 22 03 or via the APPeBIKE Application and make an amicable report if necessary, which you should scanned at the email address: firstname.lastname@example.org or by mail to S. A. S. APPeBIKE, 9 courses of General Leclerc, 20000 Ajaccio.
8.11. If the electric bicycle is stolen or vandalized, please report it to the police within a maximum of forty-eight (48) hours; and notify us immediately on + 33 4 95 24 22 03.
Return of the electric bicycle
9.1. At the end of the rental period, you must return the rented property no later than 7:30 pm.
9.2. The electric bicycle must be parked at its designated location in the station where it was picked up and on the terminal indicating its number. Make sure to reconnect the battery power cable of the electric bicycle battery and to hook the lock around the terminal by integrating the frame and front wheel of the electric bicycle.
9.3. You must press the end of rental button via the APPeBIKE Application to terminate your rental and permanently lock the electronic padlock. After this step, you will no longer be able to unlock the padlock and will therefore no longer have access to the electric bicycle
9.4. You must return the electric bicycle in a condition following a “normal” use and at least in the same condition as the one in which you received it. In case of bad condition of the electric bicycle on return, APPeBIKE reserves the right to charge you for maintenance or repair costs. Check the condition of the electric bicycle and report damage to the electric bicycle when you use the APPeBIKE Application. If any damage is not declared before the end of the rental period, we will be able to charge you a surcharge in order to cover the damage suffered by APPeBIKE beyond the material damage of the vehicle.
9.5. In order to recover your deposit, you must photograph the electric bicycle exactly where it was parked (terminal, seat number) via the APPeBIKE application. To do this, you must make 2 photographs of the electric bicycle: one on the right side of the electric bicycle and the second on the left side of the electric bicycle. Don’t forget to return the accessories borrowed from the reception desk or other places where they were given to you at the beginning of the rental period.
9.6. Before the electric bicycle that has been entrusted to you is rented back to another user, it is checked by APPeBIKE who will ensure that the User complies with the terms of the General Terms and Conditions.
9.7. In case of return of the electric bicycle outside the intended return location, a penalty will be applied (equivalent to the cost of repatriation of the electric bicycle).
9.8. In the event of failure to return the electric bicycle at the scheduled end of the rental period, a late return fee of 10 euros net per hour will be charged, starting at the scheduled end of the rental period, until the electric bicycle is returned.
APPeBIKE also reserves the right to exclude a customer for this type of behaviour.
9.9. In the event that the electric bicycle is not returned on the date indicated in the rental contract, and if you do not notify us within 12 hours of the delay in its return, APPeBIKE will consider the electric bicycle to be illegally appropriate and may lodge a complaint with the competent local authorities. In this case, APPeBIKE reserves the right to claim an additional day for each rental day, at the current rental rate, the payment of a fixed amount of 50 euros net per day during which the vehicle will have been retained beyond the rental period, as well as compensation for all damages and losses suffered by APPeBIKE: fines, penalties or sanctions due in respect of the vehicle resulting from requests for public services for the purpose of identifying the perpetrator or clarifying the circumstances relating to a breach of contractual obligations or a criminal offence. APPeBIKE will also have the right to take legal action to request the immediate restitution of the electric bicycle, as the contractual protections and complementary services are deprived of their effects.
10.1. The price of the electric bicycle rental is calculated according to the dates and times of departure and return desired for the rental, the day of the week and the duration of the rental. The price is communicated via the APPeBIKE application.
10.2. Your credit card will be charged at the time of booking for rental fees and options. Any additional charges that may apply will be invoiced at the end of the rental period.
10.3. The rental is considered as still in progress until the electric bicycle is returned to its dedicated location and what you press the button in the APPeBIKE Application to close your rental. If this duration exceeds the period initially foreseen, APPeBIKE will charge you an additional fee in accordance with the conditions defined in article 9.8.
10.4. In case of damage caused to the electric bicycle and declared by the User during the inventory of fixtures at the end of rental, APPeBIKE will send you as soon as possible an estimate of the repair costs, the compensation for immobilisation, by email, these costs will be invoiced to you within seven (7) days.
10.5. If an APPeBIKE operator discovers damage to the electric bicycle that has not been declared at the end of the rental inventory, APPeBIKE will send you by email a report of the damage observed, photos of the damage as well as an estimate of the repair costs, the cost of immobilisation of the electric bicycle and any costs related to the repair of the damage as well as the damage management costs (45€). The sum of these amounts will be invoiced to you within seven (7) days.
10.6. All additional costs are mentioned on the invoice which will be established at the end of the rental and the corresponding amount will be deducted automatically with the price of the rental.
10.7. By reserving a electric bicycle, you agree to pay APPeBIKE all costs related to the rental (including any additional costs) and to pay all costs related to your use of the electric bicycle (breakage, damage…).
10.8. In the event of the use of an invalid credit card (cancelled or cancelled), you acknowledge and agree that APPeBIKE is free to cancel immediately and without prior notice all the rental contracts concerned.
10.9. At the end of each rental period, we will debit your account for any additional charges.
10.10. We will not be responsible for any surcharges, fees or additional costs that your bank may charge to you.
10.11. If your bank refuses to authorise payment or refuse payment of the rental amount, we reserve the right to suspend your registration and immediately cancel any electric bicycle reservations you may have made.
10.12. You can consult a summary of your invoices in the APPeBIKE Application section.
10.13. By making a reservation and providing us with your credit card information, you authorize APPeBIKE to debit all charges related to your rental, including the deductible of insurance in case of loss.
Additional insurances and coverages offered by APPeBIKE
11.1. In return for a fixed premium of 12 € per day and per bike, APPeBIKE offers an optional “Assistance Pack” in case of breakage of the bike, incident or accident. The rental company undertakes to dispatch a convenience store on the spot as soon as possible, which will replace a new bike to the rented bike. This assistance is geographically limited to roads accessible to motor vehicles, subject, where applicable, to the tenant’s obligation to join an accessible road. This assistance is available 7 days a week from 9am to 6pm. The assistance is free of charge for the beneficiaries of the “Assistance Pack”, in any case, in the event of a problem inherent to the Bicycle (breakage, breakage of a brake cable…). Problems such as derailment, battery exhaustion, puncture, etc. are not covered in the assistance.
11.2. When the assistance of the lessor is requested except in cases of assumption of responsibility, the tenant will bear the cost fixed at 50 € incl. VAT per intervention.
Protection of personal data
12.1. APPeBIKE, in its relations with the User, is required to process, for its own account, personal data of the User, which data have been communicated to it by the latter at the time of his registration or subsequently via the APPeBIKE Application.
12.2. We have equipped our electric bicycles with a geolocation device to provide you with 7/7 services (access to the electric bicycle) from 7:30am to 7:30pm and for the fight against theft. By accepting the General Terms and Conditions, you expressly agree that you have given your explicit consent to the use of these electronic devices.
12.3. The data whose communication to APPeBIKE is obligatory are identified as such when registering the User and/or booking a vehicle (s). In particular, the collection of location data is necessary to enable you to use the services offered by APPeBIKE.
12.4. In some electric bicycle parking areas, the User is informed that videoprotection systems have been set up, which are operated by the person in charge of managing the parking space. APPeBIKE is not responsible for the processing of these data.
12.5. The data concerning you are collected by APPeBIKE for the purpose of using the APPeBIKE Application and for the purpose of renting VA. E. to keep you informed of the latest news concerning APPeBIKE, in particular via push notifications within the APPeBIKE Application, by email or SMS; the organisation of contests and sweepstakes; the distribution of advertising content via the APPeBIKE Application; the resale of reconditioned electric bicycles on the ebike-market site.com, owned by SAS APPeBIKE; and any other use that improves the APPeBIKE Application and/or any other service provided by APPeBIKE.
12.6. In connection with the payment of rentals, APPeBIKE is likely to keep the data relating to the User for a period of time going beyond the closure of that User’s personal account, in particular to comply with its obligations relating to the collection of payments by APPeBIKE and/or to allow the provision of evidence for the duration of the statutory limitation period.
12.7. You have the right to access, rectify and/or delete any personal data concerning you that is in our possession. To exercise one of his rights, it is sufficient for the User to use the account management tool offered to him, or to write to the following address SAS APPeBIKE, 9 courses of General Leclerc, 20000 Ajaccio, indicating his name, first name and e-mail address. At any time, the User may access and update his personal data or delete his account and the personal information attached to it by means of his login and password.
12.8. In accordance with the law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, the processing of personal data collected by APPeBIKE has been declared to the Commission Nationale de l’ Informatique et des Libertés.
12.9. In certain specific circumstances, Virtuo may disclose your personal data when required by the judicial authorities.
12.10. Your personal data, and in particular e-mail addresses, will not be rented, sold, exchanged or shared with other service providers unless you have expressly agreed to receive promotional offers from other companies that may be of interest to you.
Modification of the general conditions
13.1. Any changes to the General Terms and Conditions as well as rental rates and other charges will be available on www.appebike.com and via the APPeBIKE Application.
13.2. By making a reservation, you acknowledge that you have read and agree to the rates in force and the General Terms and Conditions applicable at that time.
Evidence Agreement – Applicable Law – Disputes
14.1. Any dispute that has not been settled amicably will be governed by French law and subject to the non-exclusive jurisdiction of the French courts. However, in the case of disputes with a User who would not be considered as a consumer within the meaning of the preliminary article of the Consumer Code, these will be subject to the exclusive jurisdiction of the Courts of Ajaccio.
14.2. The computerized records will be kept in APPeBIKE’s computer systems under reasonable security conditions and will be considered as proof of the exchanges, orders and payments made on the APPeBIKE Application or by e-mail.
Additional Loads – Appendix A
Additional charges (including VAT)
Reservation cancelled less than 3 hours before departure: 100% of the rental day invoiced.
Change less than 3 hours prior to departure: 100% of the first day’s rent will be invoiced.
No presentation to pick up the vehicle until 12:00 p. m. after the scheduled rental time: Billing of the rental day
Delay not communicated to the Customer Relations Department APPeBIKE: 50€ per day of delay + rental cost
Delay communicated to the Customer Relations Department APPeBIKE: 10 €/hour + rental cost
electric bicycle returned outside the APPeBIKE terminal of departure: 100 €.
electric bicycle made very dirty: 25 €
Return the electric bicycle to the wrong place: 100 €.
Reparation Schedule – Appendix B
Amount incl. VAT in euros : (to be updated)
electric bicycle: 1800
Baby seat: 75
Bottom bracket: 50
Rear wheel: 120
Joystick / speed: 30
Handlebar grip: 10
Brakes v brake front and rear: 85
Brake lever: 30
Front lighting: 38
Rear lighting: 15
Reflector reflector: 15
Lever handle: 25
Anti-theft chain: 60
Wireless meter: 330
Yellow vest: 10
Anti-puncture bomb: 5
Purion display: 250