General conditions of access

General conditions of access and use by users of the appebike service

Purpose of APPeBIKE

1.1. APPeBIKE is a self-service electric bicycle (V.A.E.) designed for tourism and leisure (the “Service”) offered by SAS APPeBIKE (the “Provider” or “we”) and consisting of V.A.E. stations. arranged in tourist establishments in Corsica (the “Partners”) and in areas of tourist affluence. These APPeBIKE General Terms and Conditions (the “General Terms and Conditions”) are applicable to the entire APPeBIKE partner network and govern the relationship between APPeBIKE and any registered person (the “User”, the “Tenant” or “you”) who wishes to use the APPeBIKE application downloadable free of charge on the Apple App Store and the Android Playstore (the “APPeBIKE Application”).

1.2. Contact details of APPeBIKE : APPeBIKE is a simplified joint stock company with a capital of 3917 euros, registered in the Ajaccio Trade and Companies Register under number 823 518 881 whose registered office is located at 9 cours Général Leclerc 20000 Ajaccio, France.

1.3. Opening hours: the APPeBIKE service is available in partner establishments from 1 April to 31 October, 7 days a week from 7am to 11pm. The APPeBIKE operator call centre is open Monday to Saturday from 9am to 7pm. An APPeBIKE emergency line is available to contact the service provider 7 days a week from 7am to 11pm.

Structure of the APPeBIKE service

2.1. The APPeBIKE service is used via the APPeBIKE mobile application. The APPeBIKE application has multiple functions, it allows to :

create a customer account

register your bank details

accept the general conditions of sale and the deposit of a bank deposit of 150 € per bike

geolocalize stations

report a V.A.E. on departure and return from a rental.

use a mobile electronic padlock attached to a V.A.E. and allowing to remove and return a V.A.E., to attach and secure its V.A.E. during temporary stops during the rental day.

scanning tourist circuits with points of interest.

2.2. The Service consists of V.A.E. stations. on deposit in partner establishments and in the centre of tourist areas with:

the attachment points (“Terminals”) of the V.A.E. assigned to the department.

recharge cables for V.A.E. batteries.

a variable number of V.A.E. depending on the sites from 5 to 20 V.A.E.

2.3. Basic equipment of the V.A.E. each V.A.E. is equipped with: front and rear lights, reflectors, 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, to which may be added accessories that can be removed from partner establishments, constitute the leased property.

Registration for the APPeBIKE service

3.1. To benefit from the services offered by APPeBIKE, you must be of legal age or accompanied by a responsible adult. The user certifies to be able to use the rented goods, and declares not to have any medical contraindication.

3.2. You must create your customer account via the APPeBIKE Application by filling in the fields with complete and accurate data. In the event of incomplete or erroneous declaration, the User’s account may be automatically closed without prior notice or formality and the User agrees to guarantee APPeBIKE against any consequences that may arise from this incomplete or erroneous declaration.

3.3. In order to receive booking confirmations and rental information messages, you will need to provide us with a valid email address and mobile phone number.

3.4. During registration, you will be asked to provide us with your credit card information (prepaid 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 the General Conditions and agree to confirm your acceptance. Every new V.A.E. rental will result in a reiteration of your acceptance of the terms of the General Conditions.

3.6. By validating your registration, you guarantee that you hold all the rights necessary for the use of this information and/or images within the framework of your profile and grant a right of use, reproduction and representation to APPeBIKE within the framework of your use and the provision 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

Rental – Payment

4.1. You rent a V.A.E. via the APPeBIKE Application.

4.2. You must check the condition of the V.A.E. before you can use it. During your inventory of fixtures, you will be asked to carry out a security check of the V.A.E., it is imperative for your safety to follow this procedure.

4.3. You can rent up to 4 V.A.E. with the same customer account (pending)

4.4. Payment for the rental is made when the V.A.E. is returned. The payment implies the payment of your rent. Your credit card, selected at the time of booking, will be charged the amount indicated. You will then receive an email and/or SMS booking confirmation. In addition, the amount paid will be mentioned on the final invoice. The amount excludes any penalties that will be retained at the end of the rental period in the event of damage or late return of the V.A.E.

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 registered payment card for the damage caused.

4.6. You will receive a confirmation of your reservation by SMS on your mobile phone and/or by e-mail.

Security deposit : Liability – Damage to leased property – Theft

5.1. The lessee releases APPeBIKE from any liability arising from the use of the rented property, in particular with regard to the physical, material and immaterial consequences of accidents of any nature. The lessee declares that he is the holder of a personal civil liability insurance policy which guarantees the liability incurred in connection with the use of the Leased Property by himself, the persons in his care and his servants. The hirer is not covered for damage or theft suffered by the Rented Goods and is personally liable for such damage, breakage and theft. Damage suffered by the Rented Goods, theft or loss of the Rented Goods will be invoiced to the lessee according to the tariff in force fixed hereafter “nomenclature of degraded parts”.

5.2. At the time of each rental, you authorize APPeBIKE to check the validity of your credit card (by means of a payment authorization of one hundred and fifty euros (150 €)) and to debit it for the amount of each rental as well as any additional charges. You acknowledge being informed and accept that the amount of the payment authorization of one hundred and fifty euros (150 €) may be taken into account in the balance of the bank account corresponding to the bank card used and/or in the debit limit attached to said card. The amount in question will only be debited by APPeBIKE in the event of damage caused to the V.A.E. and/or in the event of a payment incident when you pay 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 additional costs and possible damage during your rental. Depending on your bank, this amount may appear as a deduction from your account, which is not really the case.

5.3. When the Rented Goods are returned, the deposit is returned to the tenant. The lessee authorises the lessor to deduct from the deposit the sums due:

for the franchise, in 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 the Rented Goods. It is expressly agreed that the amount of the deposit can in no case constitute a guarantee limit, the lessor retaining, where appropriate, the right to sue the lessee to obtain full compensation for his loss.

Procedure prior to the withdrawal of a V.A.E. and effective date of rental

6.1. Before proceeding to the withdrawal of your hiring, it is strongly advised to be equipped with a helmet (obligatory for the children of less than 12 years). Some of our partner establishments can provide or rent accessories such as helmets, puncture bombs or child seats. You must go to the reception of the establishment in order to make the request of the desired accessories. All accessories borrowed free of charge or rented must be returned in the condition in which they were taken under penalty of compensation from our partner establishments (see price list).

6.2. In order to remove a V.A.E. APPeBIKE, it is thus essential to have available a smartphone in working order and compatible with the APPeBIKE application, with an Internet connection and Bluetooth functionality. Under no circumstances should you lend your smartphone or let anyone else use your application access codes to unlock a V.A.E.’s electronic padlock. APPeBIKE. Any use made through your account on the APPeBIKE Application will be deemed to have been made by you. If your smartphone is lost or stolen and may result in unauthorized use of your account on the APPeBIKE Application, you should contact APPeBIKE Customer Service immediately at +33 4 95 24 22 03 or contact@appebike.com to have your account suspended.

6.3. Before you can unlock the electronic padlock of your V.A.E., you will need to make an inventory of the V.A.E and its components. If there is significant damage, you can report it in the menu under “Report a problem”.

6.4. If the battery power cable is not disconnected, you must disconnect it yourself or risk damaging its power system and being held responsible.

6.5. The rental takes effect at the moment when the tenant takes possession of the Rented Goods by unlocking the electronic lock of the V.A.E. rented at the earliest at 7h00 and at the latest at 23h00. If the lessee keeps the Bicycle 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 Rented Goods in good working order with the basic equipment. He declares that he has had full personal freedom to check the Rented Goods and choose them in accordance with his needs. The lessee undertakes to return the Rented Goods in the condition in which they were rented, except for normal wear and tear.

Conditions of use

7.1. The User can add up to three (3) other rentals on the same order provided that these users are also adults 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 drive the V.A.E. rented. Any use of the V.A.E. and any damage suffered by the V.A.E. will be considered to have been made by the User who made the reservation. (Pending)

7.2. You must use the APPeBIKE Application to be able to use all the features 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.

7.3. The lending or subletting of the Rented Goods is strictly prohibited. The user is forbidden to intervene on the Rented Goods in case of breakdown or to call upon an independent breakdown service or a third person without the agreement of the lessor.

7.4. The user undertakes to use the rented property with due care. You must not add any equipment or accessories to the V.A.E. (rear basket, trailer, bags, etc.), other than accessories offered by APPeBIKE or its partners. It is strictly forbidden to transport people or animals on the rear luggage rack or in the fixed basket at the front. The use of V.A.E. is prohibited for the following cases: outside the roads which can be driven on or adapted to the vehicle or areas prohibited to the public; for all illicit purposes; for the transport of flammable, corrosive, toxic, explosive, ionising or bulky objects or substances which could damage the V.A.E.

7.5. The use of the baby seat is limited to children aged 2 to 5 years whose weight is between 8 and 18 kg. The baby must be correctly strapped using the belts provided for this purpose.

7.6. You must not use the V.A.E. 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.

7.7. The user undertakes to respect the Highway Code. The wearing of the helmet by the tenant is strongly recommended by APPeBIKE. The tenant acknowledges that APPeBIKE offered him during his reservation a helmet on loan.

7.8. When the V.A.E. is temporarily parked, the user must place the anti-theft device around a fixed and solid element by integrating the frame and the front wheel of the V.A.E., and must lock the electronic padlock via the APPeBIKE application.

7.9. If the V.A.E. suffers damage, you are responsible for it and you must notify us immediately in the event of an incident.

7.10. If the V.A.E. is involved in an accident, please contact + 33 4 95 24 22 03 or via the APPeBIKE Application and establish an amicable report if necessary that you should send scanned to the email address: contact@appebike.com or by mail to S.A.S. APPeBIKE, 9 cours du Général Leclerc, 20000 Ajaccio.

7.11. If the V.A.E. is stolen or vandalized, please report it to the police within a maximum of twenty-four (24) hours and notify us immediately at +33 4 95 24 22 03.

Return of the V.A.E.

8.1. At the end of the rental period, you must return the rented property no later than 11 pm.

8.2. You have to park the V.A.E. at a dedicated location within the station or within a 50 metre radius where it was picked up and attached to a fixed element. Be sure to reconnect the V.A.E. battery power cable. and to hang the anti-theft device around the bollard or the fixed element by integrating the frame and the front wheel of the V.A.E.

8.3. You must press the end of rental button via the APPeBIKE Application to end your rental and permanently lock the electronic padlock. After this step, you will no longer be able to unlock the lock and will therefore no longer have access to the V.A.E.

8.4. You have to return the V.A.E. in a state following a use called “normal” and at least in the same state as that in which you received it. In case of poor condition of the V.A.E. Upon return, APPeBIKE reserves the right to charge you maintenance or repair costs. Check the condition of the V.A.E. and report damage to the V.A.E. when you have it via the APPeBIKE Application. If any damage is not reported before the end of the rental period, we will be able to charge you a surcharge to cover the damage suffered by APPeBIKE beyond the material damage to the vehicle.

8.5. In order to recover your deposit, you must photograph the V.A.E. via the APPeBIKE Application. exactly where it was parked and with its fastener visible. Don’t forget to return the borrowed accessories from the receptions or other places where they were given to you at the beginning of the rental.

8.6. Before the V.A.E. which has been entrusted to you or rented again to another user, it is verified by APPeBIKE which will ensure compliance by the User with the terms of the General Conditions.

8.7. In case of return of the V.A.E. outside the return area, a penalty will be applied (equivalent to the cost of repatriating the V.A.E.).

8.8. In case of non return of the V.A.E. at the scheduled end time of the rental period, a late return fee of a fixed amount of 10 euros net per hour will be applied, for each hour started, until the V.A.E. is returned.

APPeBIKE also reserves the right to exclude a customer for this type of behaviour.

8.9. In the event that the V.A.E. would not be returned within 48 (forty eight) hours in the rental contract, and without news from you regarding the delay in returning it, APPeBIKE will consider the V.A.E. as unlawfully appropriate and may file a complaint with the appropriate local authorities. In this case, APPeBIKE reserves the right to claim an additional day for each day of rental, at the rental rate in force, payment of a fixed amount of 50 euros net per day during which the V.A.E. will have been retained beyond the authorized rental period, as well as compensation for all damages and losses suffered by APPeBIKE : fines, penalties or sanctions due under the V.A.E., resulting from requests for public services for the purpose of identifying the author or clarifying the circumstances relating to a breach of contractual obligations or a criminal offence. APPeBIKE shall also have the right to take legal action to demand the immediate return of the V.A.E., the contractual protections and additional services being deprived of their effects.

Financial conditions

9.1. The price of renting the V.A.E. is calculated according to the rental period. The rate is 3 (three) euros per half hour, any half hour started is due.

When the rental is taken, a meter starts and informs you of the elapsed rental time (in minutes) and the amount to pay.

9.2. Your credit card will be charged at the time of return of the bike for the rental cost. Any additional charges will be charged after verification of the photo and the bike by our team.

9.3. The rental is considered still in progress until the V.A.E. is returned. in its dedicated area and what you pressed the button in the APPeBIKE Application to close your lease.

9.4. In case of damage to the V.A.E. and declared by the User at the time of the inventory of fixtures of end of hiring, APPeBIKE sends you as soon as possible an estimate of the costs of repairs, the allowance of immobilization, by email, these costs will be invoiced to you within seven (7) days.

9.5. If an APPeBIKE operator notices damage to the V.A.E. which were not declared at the time of the inventory of fixtures of end of hiring, APPeBIKE sends you by email a state of the observed damages, photographs of these damages as well as an estimate of the costs of repair, the costs of immobilization of the V.A.E. and the possible costs related to the repair of the damage noted as well as the costs of management of the damage (45€). The sum of these amounts will be invoiced to you within seven (7) days.

9.6. All additional costs are mentioned on the invoice that will be issued at the end of the rental and the corresponding amount will be deducted automatically with the rental price.

9.7. By reserving a V.A.E., you agree to pay APPeBIKE all costs related to the rental (including any additional costs) and to bear all costs related to your use of the V.A.E. (puncture, damage…)

9.8. In the case of the use of an invalid credit card (expired, cancelled), you acknowledge and accept that APPeBIKE is free to cancel immediately and without notice all rental contracts concerned.

9.9. At the end of each rental period, we will debit your account for any additional charges.

9.10. We will not be responsible for any surcharges, fees or additional costs that your bank may charge you.

9.11. In case of refusal of payment authorization or payment of the rental amount by your bank, we reserve the right to suspend your registration and immediately cancel any V.A.E. reservation. that you would have done.

9.12. You can consult a summary of your rentals in the APPeBIKE Application section provided for this purpose.

9.13. 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 insurance deductible in the event of a claim.

Protection of personal data

10.1. APPeBIKE, in its relations with the User, may process, on its own behalf, personal data of the User, which data were communicated to it by the latter when registering or subsequently via the APPeBIKE Application.

10.2. We have equipped our V.A.E.’s. a geolocation device to provide you with services 7/7 (access to the V.A.E) from 7:30 am to 7:30 pm and for the fight against theft. By accepting the General Conditions, you expressly acknowledge that you have given your explicit consent to the use of these electronic devices.

10.3. The data whose communication to APPeBIKE is obligatory are identified as such at the time of the registration of the User and/or the reservation of vehicle(s). In particular, the collection of location data is necessary to enable you to use the services offered by APPeBIKE.

10.4. In certain V.A.E. parking areas, the User is informed that videoprotection systems are set up, which are operated by the person in charge of managing the parking space. APPeBIKE is not responsible for the processing of this data.

10.5. The data concerning you are collected by APPeBIKE for the purpose of using the APPeBIKE Application and in the context of VA.E. rentals. to keep you informed of the latest news concerning APPeBIKE, in particular via notifications (push) within the APPeBIKE Application, by email or SMS the organisation of competitions and publicity lotteries the distribution of advertising content via the APPeBIKE Application the resale of V.A.E. reconditioned on the ebike-market.com site, owned by SAS APPeBIKE; and any other use that improves the operation of the APPeBIKE Application and/or any other service provided by APPeBIKE.

10.6. Within the framework of the payment of the rentals, APPeBIKE is likely to keep the data relating to the User for a period going beyond the closure of the personal account of this User, in particular to respect its obligations relating to the collection of the payments by APPeBIKE and/or to allow the supply of evidential elements during all the period of legal prescription.

10.7. You have the right to access, correct and/or delete your personal data in our possession. To exercise one of his rights, the User only needs to use the account management tool offered, or write to the following address SAS APPeBIKE, 9 cours du Général Leclerc, 20000 Ajaccio, indicating his full name and e-mail address. At any time, Users may access and update their personal data, or delete their account and attached personal information using their username and password.

10.8. In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal data collected by APPeBIKE has been declared to the Commission Nationale de l’Informatique et des Libertés.

10.9. In certain particular circumstances, APPeBIKE may disclose your personal data, when these are required by the judicial authorities.

10.10. Your personal data, including e-mail addresses, are not 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

11.1. Any modification of the General Conditions as well as the rental rates and other costs will be available on www.appebike.com and via the APPeBIKE Application.

11.2. By making a reservation, you acknowledge having read the rates in force and the General Conditions applicable at that time and accept them.

Convention of Evidence-Applicable Law-Litigation

12.1. Any dispute that has not been settled amicably will be governed by French law and will be subject to the non-exclusive jurisdiction of the French courts. However, in the case of disputes with a User who is not considered a consumer within the meaning of the preliminary article of the Consumer Code, they will be subject to the exclusive jurisdiction of the Courts of Ajaccio.

12.2. Computerized records will be kept in APPeBIKE’s computer systems under reasonable security conditions and will be considered as proof of exchanges, orders and payments made on the APPeBIKE Application or by e-mail.

Additional Loads – Appendix A

Additional charges (incl. VAT in euros) :

Delay not communicated to the APPeBIKE Customer Relations Department after service closure: 50€ per day of delay + rental cost

Delay communicated to the Customer Relations Department APPeBIKE : 10 €/ hour + rental cost

– V.A.E. returned outside an APPeBIKE return area : 100 €

Repair Schedule – Appendix B

Amount (incl. VAT in euros) :

V.A.E. : 2000

Baby seat: 75

Battery: 800

Range: 60

Bottom bracket :50

Tires: 30

Engine: 700

Rear wheel: 120

Lever / speed: 30

Derail: 85

Saddle: 35

Channel: 20

Handlebar: 45

Handlebar grip : 10

Brakes v brake front and rear: 85

Brake lever: 30

Mudguard : 60

Chain guard: 35

Front lighting: 38

Rear lighting: 15

Catadioptre : 15

Pedals:25

Crutch: 25

Basket : 20

Lock: 100

Anti-theft chain: 60

Bell: 5

Controller: 350

Helmet 25

Wireless meter: 330

Yellow vest : 10

Puncture-prevention bomb: 5

Purion Controller: 250