General terms and conditions

General terms and conditions of access and use of the BIP ! service for 7-day subscribers
ARTICLE 1. SUBJECT OF SERVICE 1.1. "BIP !" is a service offered by the City of Perpignan, hereinafter "Perpignan", which has commissioned Clear Channel France ("the Provider") to carry out installation of a fleet of bicycles for the use of the general public ("the Service") in the Perpignan area. 1.2. Details of BIP !: Postal address: Clear Channel France – BIP !, TSA no. 49001 - 92649 Boulogne Billancourt Cedex France Call Centre Freephone number: 0800 200 307 Website: Wap site: ARTICLE 2. DESCRIPTION OF SERVICE The Service consists of bicycle stations which are the property of the Provider (the "Station(s)") comprising a reception terminal (the "Terminal") and individual anchor points (the "Point"). The Terminal consists of a screen, a keypad and a contactless access card reader, enables users to be identified and bicycles to be released. The Point enables bicycles to be parked; points are numbered to enable Bicycles to be identified and removed. ARTICLE 3. AVAILABILITY OF SERVICE The Service is accessible subject to the availability of bicycles in each Station 12 months a year, 7 days a week, 24 hours a day without interruption, except in the event of force majeure circumstances or the issuing by competent authorities of a total, partial, temporary or definitive restriction of bicycle traffic and/or in the event of maintenance of the operating service and/or computer system. The Provider may on no account be held liable in the event of suspension of the Service due to force majeure circumstances or as required by security considerations. ARTICLE 4. USERS Subject to prior acceptance of these General Terms and Conditions, the Service is accessible: - to any individual who can prove that they are aged 14 or over, it being specified that access to the Service by minors aged 14 and over is in any event entirely at the risk of their parent and/or guardian, - to persons with a valid subscription.
ARTICLE 5. REGISTRATION FOR A 7-DAY SUBSCRIPTION The cost of a 7-day subscription is €1 Registration for a subscription by Users can be carried out either on the website or by means of a mobile phone.  Website registration: Users go to the website, complete the registration form and select their subscription duration and their pass code. After having accepted the General Terms and Conditions, Users enter the details of their bank card (bank card number, expiry date, and security code) to pay for a subscription and grant the Provider, subject to permission by the former's bank, a debit authorisation under the terms set out in article 7 and an authorisation to make a debit of €150 as a guarantee deposit. Users receive their login code (hereinafter "the Login") and a summary of the transaction.  Mobile phone registration: Users proceed as follows: - make use of a mobile phone with wap site browsing capability; - log on to the BIP ! wap service; - complete the required information, specifically including a pass code; - read and accept these General Terms and Conditions; - validate their seven-day subscription; - enter the details of their bank card (bank card number, expiry date, and security code) to pay for a subscription and grant the Provider, subject to permission by the former's bank, a debit authorisation under the terms set out in article 7 and an authorisation to make a debit of €150 as a guarantee deposit; Users receive their Login and selected pass code via text message, along with a summary of the transaction which has been carried out. Activation of the subscription for 7 calendar days is carried out as soon as payment of the registration fee has been validated. Payment of the subscription specified in the first paragraph of this article remains to the account of the Provider even if no bicycles are used. ARTICLE 6. PRACTICALCONSIDERATIONS FOR THE LOAN AND RETURN OF BICYCLES – PERIOD OF USE 6.1. Borrowing Users enter their Login and password on the Terminal keypad. The Terminal screen displays the number of the Point at which the bicycle is parked. Users have 30 seconds to remove the bicycle. If the bicycle has not been removed after 30 seconds, the Point re-locks the bicycle and Users must recommence the procedure. 6.2. Returns Users lock the bicycle to the Point and swipe their card onto the station card reader to get confirmation on the screen of the proper bike return. If the selected Station does not have any available Points, Users may benefit from an additional 15 minutes of use by entering their Login and pass code. The Terminal screen confirms the extra time has been granted and provides information about available Points in neighbouring Stations.Additional 15 minutes are allowed only once per usage. 6.3. Period of Use The Period of Use is the period between the time the bicycle is borrowed and the time it is returned and locked to a Point. The maximum authorised Period of Use is 2 consecutive hours ("the Authorised Period of Use"). In the event of a dispute with respect to the Period of Use of the bicycle by a User, the authority of the Service's computer server is deemed to be final. ARTICLE 7. PRICE AND PAYMENT 7.1. In addition to the registration fee for the subscription set out in article 5 and throughout the period of validity of this subscription, the hourly rate charged for use of the Service is as follows: first 30 minutes Free of charge 2nd to 4th 30-minute period 50 cents / 30-minute period For every additional 30-minute period €1 / 30-minute period (excess charge) 7.2. Users pay for the Service proportionally to the Period of Use of the Service. Each new 30-minute period of use of the Service begun in addition to the initial free period is invoiced in full. 7.3. Payment of the price of the Service for the period under consideration is made on a weekly basis by charging a credit card. 7.4. The total time of use of the Service and the outstanding amount borrowed by the User may be consulted on the BIP ! web site. 7.5. Fares and charges set out in this article are valid from January 1, 2008 and are subject to change without notice. ARTICLE 8. OBLIGATIONS OF USERS AND RESTRICTIONS ON BICYCLE USE 8.1. Users undertake to use their Login and the Internet, wap and Call Centre services solely for their intended use and not to lend, hire out or transfer their BIP ! Login or any bicycle to third parties under any circumstances. In the event of loss, theft or damage, they undertake to advise the Provider immediately by means of the Call Centre. 8.2. Prior to use of a bicycle, Users undertake to carry out checks on the main functional parts, including but not limited to ensuring that the saddle, pedals and basket are properly fixed, that the lights and brakes in proper working order and that the frame and tyres are in good overall condition. Users may adjust the saddle to their height and build. If the bicycle has been used for more than two minutes, it is deemed to have been found to be in proper working order with no prior damage observed, specifically including damage set out in article 12 hereafter. 8.3. Users undertake to use bicycles responsibly and with due care and attention, and to abide by the Highway Code in force and all relevant road signs and markings. Users are personally liable for any violation of the Highway Code. Users undertake not to use bicycles in any way liable to breach the peace, offend public decency, imperil public safety or violate environmental protection regulations, or in any way liable to harm the image or reputation of the Provider. Users undertake not to use bicycles in traffic other than on roads and cycle tracks designated for this use. Users are authorised solely to make reasonable use of bicycles; this specifically excludes the following: - use on terrain or in conditions likely to damage the bicycle; - transport of any passenger by any means; - use of the bicycle liable to endanger the User or third parties; - dismantling or attempting to dismantle all or part of the bicycle; - changes to the structure or appearance of the bicycle; - and more generally, any abnormal use of a bicycle. Users undertake to allow appropriate braking distance in the event of rain or snow. In the event of extreme weather conditions or force majeure circumstances, Users undertake not to use the bicycle and to replace it at the nearest Terminal at the earliest opportunity. 8.4. Users are responsible for looking after the bicycle and undertake to take all due precautions to prevent its disappearance, including systematically locking it using the bicycle's anti-theft device during any interruption of use other than at a Station. Users undertake to return the bicycle to a Station at the end of its period of use, and to ensure that it has been properly locked into the Point. 8.5. Users undertake to remove and return Bicycles within the Authorised Period of Use, and hereby accept that any failure to abide by this obligation entitles the Provider to apply penalties as set out in article 12 below. 8.6. Users undertake to notify the Provider of loss, theft, damage or any other problem relating to use of the Service by means of the Call Centre and to file a report of loss or theft with the police.
ARTICLE 9. USERS' RESPONSIBILITIES 9.1. The User is in charge of the bicycle throughout the Period of Use, including during any use by a third party and/or if this period exceeds the Authorised Period of Use. 9.2. Users (or the parents/legal guardians of Users who are Minors) remain fully and solely liable for any direct or indirect damage caused by the bicycle or use thereof. 9.3. If the bicycle is not returned within 24 hours, it is considered to have disappeared. 9.4. In the event of any accident and/or incident, particularly of a mechanical nature, involving the bicycle, Users are required to notify the Call Centre immediately; they remain liable for the bicycle either until it is locked to a Point or until it is handed over to a representative of the Provider. ARTICLE 10. DECLARATIONS BY THE USER The User hereby declares that they accept these General Terms and Conditions without reservation. The User hereby declares that they are able to ride a bicycle and that their physical condition permits them to do so. The User hereby declares that they hold a personal Civil Liability insurance policy which covers them for use of the Bicycle by them and any of their dependents (children who are minors) who have taken out a subscription. ARTICLE 11. LIMITS OF PROVIDER'S LIABILITY In the event of failure on the part of the User to fulfil one or more of their obligations as set out under these General Terms and Conditions, specifically including the withdrawal for whatever reason of the debit authorisation referred to in article 5, the Provider may disable their access to the Service without further notice. Any such disabling in no way constitutes a failure on the part of the Provider to fulfil their obligations or liability in this respect and is without prejudice to any claim for compensation. The Provider can in no way be held liable for use of the bicycle by the User with regard to damage or injury sustained by the User and/or caused to third parties. The Provider can in no way be held liable for unavailability of the Service as specified in article 3 above. Users hereby note that the Provider is not the manufacturer of the bicycles offered for this Service and that they cannot therefore be held liable under applicable legislation and regulations for defects or faults of the bicycle relating to its manufacture and/or assembly.
ARTICLE 12. PENALITES 12.1. In the event of failure by the User to fulfil their obligations under the terms of these General Terms and Conditions, and/or in the event of damage, fraudulent use and/or disappearance of the bicycle, a lump-sum penalty is applied and/or their Login may be disabled. 12.2. Once such incidents have been duly noted by the Provider, the nature and/or type of penalties applicable is as follows: o one penalty point for any use exceeding the Authorised Period of Use: the BIP ! Login may be disabled for a total of more than 3 points o disappearance of the bicycle: €150 plus an invoice on the basis of the hourly rate for a fixed period of 24 hours o delay in returning the bicycle exceeding 24 hours: €150 plus an invoice on the basis of the hourly rate for a fixed period of 24 hours o loss or damage to the anti-theft device and/or the related key: €15 o damage to the bicycle: - handlebars: €90 - gear change: €18 - front light: €30 - rear light: €11 - fork: €15 - front wheel: €55 - rear wheel: €55 - front or rear tyre: €11 - front mudguard: €4 - pedal: €6 - stand: €4 - rear chain guard: €10 - saddle connector or post: €4 - saddle: €7 12.3. Users undertake to notify any change in their relations with the issuer of the bank card used and/or with the bank of which they have supplied the details which is likely to affect the normal expiry of the direct debit permission granted by this bank during the term of the subscription. ARTICLE 13. INFORMATION RELATING TO PERSONAL DETAILS AND CONFIDENTIALITY All data collected is the subject of automated treatment for the purposes of monitoring the Service. This data is destined solely for the Provider. Under the terms of articles 38ff of law 78-17 of January 6, 1978 relating to data protection, Users are entitled to be forwarded information concerning them and, where necessary, to rectify or delete this information, by writing to the Provider at the following address: Clear Channel France – BIP !, TSA no. 49001, 92649 Boulogne-Billancourt Cedex France. ARTICLE 14. EFFECTIVE DATE AND CHANGES TO THESE GENERAL TERMS AND CONDITIONS. These General Terms and Conditions are applicable from January 1, 2008. The Provider reserves the right to change these General Terms and Conditions in whole or in part without notice. Any changes to these General Terms and Conditions will be made available on the website, wap site and at information points. Users may also obtain any such changes on written request. For all correspondence, please write to: Clear Channel France – BIP !, TSA no. 49001, 92649 Boulogne-Billancourt Cedex France. ARTICLE 15. APPLICABLE LAW These General Terms and Conditions are governed by French law.
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